Licensee access to and use of the Online Oculentis Toric Intraocular Lens Calculator provided by Oculentis is covered by the terms of this agreement:
END-USER LICENSE AGREEMENT
Oculentis grants Licensee the right to access and use the Calculator for the limited purpose of performing calculations to determine the recommended Oculentis Toric Intraocular lens and its suggested axis placement.
LICENSE GRANT
Licensee agrees to use reasonable efforts to protect the Calculator from unauthorized use, modification, reproduction, distribution and publication. In utilizing the Calculator, Licensee may be inputting patient data. This data will not be received or retained by Oculentis for any period of time.
PROPRIETARY RIGHTS
The Calculator is owned by Oculentis and/or its affiliates and all right, title and interest in and to the Calculator and all portions thereof shall remain with Licensor and/or its licensor(s). You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor's or its licensors' ownership of or rights with respect to the Calculator.
RESTRICTIONS
Licensee may not do any of the following, nor permit any third party to do any of the following: (a) use, reproduce, modify or prepare derivative works of any portion of the Calculator or incorporate any portion of the Calculator for any other purpose than the purpose specified in Section 1 or incorporate any portion of the Calculator into any other product; (b) transfer, encumber, sublicense, disclose, rent, lease, offer for timesharing or distribute any portion of the Calculator; or (c) remove, obscure, deface or fail to reproduce in any copy any copyright, trademark or other proprietary rights notice contained in any part of the Calculator. In addition, you will not do any of the following, nor permit any third party to do any of the following, to any portion of the Software: reverse engineer, decompile, disassemble or otherwise attempt to determine the source code, ideas, algorithms or structure underlying any of the Software, except to the extent that you are permitted by applicable law to reverse engineer the Software despite the foregoing restriction. In the event that you are permitted by applicable law to reverse engineer any portion of the Software for the purpose of achieving interoperability with other software despite the foregoing restriction, you shall provide written notice of your intent to reverse engineer the Software and, if permitted by applicable law, you shall provide Licensor a reasonable opportunity to supply, in Licensor's discretion, such information with respect to the Software as may be required to achieve such interoperability. In the event that Licensor supplies such information, you shall not reverse engineer the Software unless permitted to do so by applicable law despite the requirements of this section.
NO WARRANTIES
THE CALCULATOR IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. THE DIAGNOSTIC INFORMATION PROVIDED BY THE CALCULATOR IS PROVIDED FOR LICENSEE'S CONVENIENCE, BUT SHOULD NOT BE USED FOR FINAL DIAGNOSIS OR AS A SUBSTITUTE FOR LICENSEE'S MEDICAL EXPERTISE. WHILE EFFORTS HAVE BEEN MADE TO MAKE THE INFORMATION PROVIDED BY THE CALCULATOR HELPFUL AND ACCURATE, OCULENTIS DOES NOT WARRANT THE ACCURACY OF THE INFORMATION OBTAINED FROM THE CALCULATOR. LICENSEE ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE CALCULATOR TO ACHIEVE LICENSEE'S INTENDED RESULTS AND FOR THE USE OF AND RESULTS OBTAINED FROM THE CALCULATOR. OCULENTIS MAKES NO WARRANTY THAT THE CALCULATOR WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE.
LICENSEE HEREBY ACKNOWLEDGES THAT THE CALCULATOR MAY NOT BE AVAILABLE OR BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE CALCULATOR, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF OCULENTIS. THEREFORE, OCULENTIS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR CALCULATOR AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
LIMITATIONS OF LIABILITY
Neither Oculentis nor any of its subsidiaries, employees, or other representatives shall be liable for damages arising out of or in connection with the use of this site. Under no circumstances shall Oculentis have any liability for any consequential, incidental, indirect, special, or punitive damages or costs, including, but not limited to, lost profits, business interruption, loss of information or data, or loss of goodwill, loss of or damage to property, and any claims of third parties, arising out of or in connection with the use, copying, or display of this site or its contents or any linked Web site, regardless of whether Oculentis has been advised, knew, or should have known of the possibility thereof.
This exclusion from liability shall not apply :
to any damages arising from loss of life, personal injury or impairment of health caused by Oculentis' neglect of its duties or due to any wrongful or negligent violation of duties of any legal representative or employee of Oculentis.
to any other damages arising from Oculentis' gross negligence and/or from intention and/or gross negligence of any legal representative or employee of Oculentis.
to any damages arising out of Oculentis' intentional tort.
Compensatory damages arising from any infringement of essential contractual duties shall be limited to the foreseeable damage which would be typical for this type of contract, unless it was caused by intention and/or gross negligence.