LicenseEN RRFP1A/T TM License EN
User Manual: RRFP1A/T TM
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END USER LICENSE AGREEMENT FOR VISUAL DENTIST®
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual person or a single legal entity, who will be referred to in this EULA as
"You") and Kosmos Business Systems Ltd for the software product that accompanies this EULA, including
any associated media, printed materials and electronic documentation (the "Software Product"). The
Software Product also includes any software updates, add-on components, web services and/or supplements
that Kosmos Business Systems Ltd may provide to You or make available to You after the date You obtain
Your initial copy of the Software Product to the extent that such items are not accompanied by a separate
license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the
Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of
this EULA, do not install, access or use the Software Product; instead.
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is
licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use
the Software Product The license rights described in this Section are subject to all other terms and
conditions of this EULA.
General License Grant to Install and Use Software Product. You may install and use one copy of
the Software Product on a single computer, device, workstation, terminal, or other digital electronic or
analog device ("Device"). A license for the Software Product may not be shared.
Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the
previous section, You may install a copy of the Software Product on one storage Device, such as a
network server, and allow individuals within Your business or enterprise to access and use the
Software Product from other Devices over a private network, provided that You acquire and dedicate a
license for the storage Device upon which the Software Product is installed and each separate Device
from which the Software Product is accessed and used. A separate license is needed for every instance
of the Software Product.
Additional License Grant for Media Elements. The Software Product may include certain pictures,
photographs, clip art, animations, sounds, music and video clips (together "Media Elements"). If so,
the following terms describe Your rights to the Media Elements:
o Except as specified in the next Section, You may use, copy and modify the Media Elements
and distribute copies of the Media Elements, along with Your modifications, as part of Your
service(s), including Your web site(s).
o You are not licensed to do any of the following:
o You may not sell, license or distribute copies of the Media Elements on a stand-alone
basis or as part of any collection, product or service where the primary value of the
product or service are the Media Elements.
o You may not use or distribute any of the Media Elements that include representations of
identifiable individuals, logos, initials, emblems, trademarks, or entities for any
commercial purposes or to express or imply any endorsement or association with any
product, service, entity, or activity.
o You may not create obscene or scandalous works, as defined by Law at the time the work
is created, using the Media Elements.
o You must indemnify, hold harmless, and defend Kosmos Business Systems Ltd from and
against any claims or lawsuits, including attorneys' fees, that arise from or result from the
use or distribution of Media Elements as modified by You.
o You must include a valid copyright notice on Your products and services that include
copies of the Media Elements.
o You may not permit third parties to distribute copies of the Media Elements except as
part of Your product or service.
Reservation of Rights. All rights not expressly granted are reserved by Kosmos Business Systems
Ltd.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Mandatory Activation. You may not be able to exercise Your rights to the Software Product under
this EULA after a finite number of product launches unless You activate Your copy of the Software
Product in the manner described during the launch sequence.
Copy Protection. The Software Product may include copy protection technology to prevent the
unauthorized copying of the Software Product or may require original media for use of the Software
Product on the Device. It is illegal to make unauthorized copies of the Software Product or to
circumvent any copy protection technology included in the Software Product.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the Software Product, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Component Parts. The Software Product is licensed as a single product. Its component
parts may not be separated for use on more than one Device unless expressly permitted by this EULA.
Trademarks. This EULA does not grant You any rights in connection with any trademarks or service
marks of Kosmos Business Systems Ltd.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial
hosting services to third parties with the Software Product.
Support Services. Kosmos Business Systems Ltd may provide You with support services related to
the Software Product ("Support Services").
Software Transfer. Except as specified in this Section, the initial licensee of the Software Product
may make a one-time permanent transfer of this EULA and Software Product only directly to an end
user. This transfer must include all of the Software Product (including all component parts, the media
and printed materials, any upgrades, this EULA. Such transfer may not be by way of consignment or
any other indirect transfer. The transferee of such one-time transfer must agree to comply with the
terms of this EULA, including the obligation not to further transfer this EULA and Software Product.
Termination. Without prejudice to any other rights, Kosmos Business Systems Ltd may terminate this
EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must
destroy all copies of the Software Product and all of its component parts.
3. UPGRADES.
To be eligible for upgrades, You must be properly licensed to use a product identified by Kosmos Business
Systems Ltd. An upgrade may replace and/or may supplement and/or may disable the product that formed
the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in
accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a
package of software programs that You licensed as a single product, the Software Product may be used and
transferred only as part of that single product package and may not be separated for use on more than one
Device.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the
Software Product (including but not limited to any images, animations, video, audio, music, text, and
"applets" incorporated into the Software Product), any accompanying printed materials, and any copies of
the Software Product are owned by Kosmos Business Systems Ltd and/or its suppliers. All title and
intellectual property rights in and to the content that is not contained in the Software Product, but may be
accessed through use of the Software Product, is the property of the respective content owners and may be
protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You
no rights to use such content. If this Software Product contains documentation that is provided only in
electronic form, you may print one copy of such electronic documentation. You may not copy anyprinted
materials that may accompany the Software Product.
5. BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, you
may keep the original media on which the Software Product was provided by Kosmos Business Systems
Ltd solely for backup or archival purposes. If the original media is required to use the Software Product on
the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except
as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the
printed materials accompanying the Software Product.
8. APPLICABLE LAW.
This EULA is governed by the laws of the Republic of Cyprus. Should you have any questions concerning
this EULA, or if you desire to contact Kosmos Business Systems Ltd for any reason, please contact the
Kosmos Business Systems Ltd Web site www.KosmosBusiness.com.
9. LIMITED WARRANTY
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA.
Kosmos Business Systems Ltd warrants that the SOFTWARE PRODUCT will perform substantially in
accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO
ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on
how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any)
service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty
period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive
remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by
Kosmos Business Systems Ltd, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet the Kosmos
Business Systems Ltd Limited Warranty, and, to the maximum extent allowed by applicable law, even if
any remedy fails of its essential purpose. The terms of Section 11 below ("Exclusion of Incidental,
Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights.
You may have others which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Kosmos Business Systems Ltd 's and its suppliers' entire liability and
your exclusive remedy shall be, at Kosmos Business Systems Ltd 's option from time to time exercised
subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or
replacement of the Software Product, that does not meet this Limited Warranty and that is returned to
Kosmos Business Systems Ltd with a copy of your receipt. You will receive the remedy elected by
Kosmos Business Systems Ltd without charge, except that you are responsible for any expenses you may
incur (e.g. cost of shipping the Software Product to Kosmos Business Systems Ltd). This Limited
Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication,
abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada,
neither these remedies nor any product support services offered by Kosmos Business Systems Ltd are
available without proof of purchase from an authorized international source.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND
CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO
YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET
INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED
MATERIALS.
10. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS
THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER
EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING.
EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, KOSMOS BUSINESS SYSTEMS LTD AND ITS SUPPLIERS PROVIDE THE
SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES,
DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF
WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE SOFTWARE.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
KOSMOS BUSINESS SYSTEMS LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
KOSMOS BUSINESS SYSTEMS LTD OR ANY SUPPLIER, AND EVEN IF KOSMOS BUSINESS
SYSTEMS LTD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF KOSMOS BUSINESS SYSTEMS LTD AND ANY OF ITS
SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT
ELECTED BY KOSMOS BUSINESS SYSTEMS LTD WITH RESPECT TO ANY BREACH OF THE
LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which
is included with the Software Product) is the entire agreement between you and Kosmos Business Systems
Ltd relating to the Software Product and the support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and representations with respect to the
Software Product or any other subject matter covered by this EULA. To the extent the terms of any
Kosmos Business Systems Ltd policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall control.
