END USER LICENSE AGREEMENT AND GENERAL TERMS AND CONDITIONS
The general terms and conditions set forth below apply to any Maestro 3D Software (as defined below), except as otherwise explicitly agreed with Maestro 3D (as defined below) or with anyone having proper authorization from Maestro 3D to agree such deviations.
A. GENERAL PROVISIONS
For purposes of this document (including Sections B below), the following definitions apply generally unless otherwise stated or clear from the context:
"Maestro 3D" is defined in relation to any particular piece of Maestro 3D Software to mean the specific Maestro 3D Entity identified on or in the relevant Maestro 3D Software as the proprietor of the copyrights to that particular Maestro 3D Software.
"Maestro 3D Entity" means the company AGE SOLUTIONS SRL, via Salvo D'Acquisto, 38A, 56025 Pontedera (PI), Italy.
"Maestro 3D Label" means any Label that is owned by a Maestro 3D Entity.
"Maestro 3D Software" means any software which is developed and/or owned by a Maestro 3D Entity and is marketed by a Maestro 3D Entity or anyone authorized by the relevant Maestro 3D Entity to do so, no matter whether such software is only branded with one or more Maestro 3D Labels or it is OEM-branded/dual-branded such that the private Label of a third party that is not a Maestro 3D Entity appears on or in the software alone or in addition to one or more Maestro 3D Labels. For the avoidance of doubt, the concept of Maestro 3D Software includes without limitation any customizations and extensions developed by Maestro 3D to the aforesaid software.
"Interface" means any software or software component that enables a piece of Maestro 3D Software to communicate or interact with a non-Maestro 3D hardware device and/or with non-Maestro 3D software.
"Label" means any trademark, service mark, trade name, logo or other commercial or product designation.
"Library" means any set of files which contain a digitized representation of objects or functions.
All rights, including any and all intellectual property rights, to any Maestro 3D Software are owned by Maestro 3D (as defined above) and/or Maestro 3D's licensors.
Maestro 3D License Terms (Section B below): In relation to any specific Maestro 3D Software product, the Maestro 3D License Terms apply if you have acquired a license to use that Maestro 3D Software product directly from Maestro 3D or from an authorized Maestro 3D reseller (meaning any legal or natural person authorized by Maestro 3D to market and resell licenses to the said Maestro 3D Software).
IN RELATION TO ANY SPECIFIC Maestro 3D SOFTWARE PRODUCT, IN CASE YOU HAVE NOT ACQUIRED A LICENSE TO THAT SOFTWARE PRODUCT (INCLUDING ANY REQUIRED SUBLICENSES) IN ANY OF THE WAYS DESCRIBED ABOVE, YOU DO NOT HAVE ANY RIGHT TO INSTALL OR USE THAT SOFTWARE PRODUCT.
B. Maestro 3D LICENSE TERMS
Where applicable (see Section A above), the following terms and conditions relating to the Software (as defined below) constitute an agreement between you (referred to below as a "Customer") and Maestro 3D (meaning the specific Maestro 3D Entity identified on or in the Software as the proprietor of the copyrights to the Software) which you must accept as a condition for your installation and/or use of the Software.
1. Definitions
1.1 The definitions listed below apply to these Standard License Terms and Conditions unless otherwise stated or clear from the context:
1.1.1 The "Agreement" means any agreement entered into between the Customer on the one hand and Maestro 3D or a Maestro 3D Reseller on the other hand regarding Customer’s purchase of one or more Software Licenses. Unless otherwise explicitly agreed in writing, these Standard License Terms and Conditions shall, as between the Parties, apply to the Software Licenses comprised by such Agreement. If the Agreement is an agreement between the Customer and Maestro 3D it may, in its Special Terms, comprise other obligations on the part of Maestro 3D than those which are explicitly described and undertaken by Maestro 3D in these Standard License Terms and Conditions. If, on the other hand, the Agreement is entered into between the Customer and a Maestro 3D Reseller, such that Maestro 3D is not a party to the Agreement, nothing in these Standard License Terms and Conditions, including, for the avoidance of doubt, any reference herein to the Agreement or its Special Terms, shall ever be deemed to imply that Maestro 3D has any obligations (including without limitation any obligations arising from warranties) to the Customer other than those which pertain directly to the Software Licenses comprised by such Agreement and which are explicitly described and undertaken by Maestro 3D in these Standard License Terms and Conditions (as opposed to the Special Terms of such Agreement). Furthermore, for the avoidance of doubt, nothing in these Standard License Terms and Conditions shall be deemed to imply that Maestro 3D has undertaken any joint liability in relation to the performance of any obligations that the Maestro 3D Reseller may have undertaken vis-à-vis the Customer under such Agreement between the Customer and the Maestro 3D Reseller.
1.1.2 The "Customer" means a legal or natural person having acquired one or more Software Licenses by way of an Agreement with Maestro 3D or a Maestro 3D Reseller.
1.1.3 The "General Limited Warranty" means the limited 90 (ninety) days warranty granted to the Customer in relation to the Software as described in Clause 5 below.
1.1.4 A "Party" means Maestro 3D or the Customer, collectively referred to as the "Parties".
1.1.5 The "Software" means the specific Maestro 3D Software designated in the Special Terms as being licensed to the Customer.
1.1.6 A "Software License" means a non-exclusive, non-transferable, and nonsublicensable license to install and use the Software.
A Software License is subject to a number of restrictions, see in this regard Clause 2 below.
1.1.7 The "Special Terms" means any other part of the Agreement than these Standard License Terms and Conditions.
1.1.8 The "Standard License Terms and Conditions" means these standard license terms and conditions.
1.1.9 A "Supplied Interface/Library" means any Interface or Library that is supplied (i.e. (sub)licensed) to the Customer by Maestro 3D – either directly or via a Maestro 3D Reseller having been authorized by Maestro 3D to distribute such Interface or Library – for use in conjunction with the Software, irrespective of whether such Interface or Library is supplied as integrated into or bundled with the Software, is made available for downloading within the Software or is otherwise supplied, and irrespective of whether it is supplied at the same time as the Software is first supplied to the Customer or whether it is supplied subsequently (e.g. as something that the Customer can choose to download or as something that is supplied in connection with a new release of the Software).
1.1.10 "Maestro 3D" means the specific Maestro 3D Entity identified on or in the Software as the proprietor of the copyrights to the Software.
1.1.11 A "Maestro 3D Reseller" means any legal or natural person authorized by Maestro 3D to market and resell Software Licenses.
1.1.12 The "Warranty Period" means a 90 (ninety) day period from the date of delivery of the Software to the Customer during which the General Limited Warranty shall apply.
2. License
2.1 Rights Reserved: All title and intellectual property rights in and to the Software are owned by Maestro 3D. The Software is licensed, not sold. All rights not expressly granted are reserved by Maestro 3D.
2.2 License Acquired: Subject to the Customer's fulfilment of the Customer's obligations under the Agreement, including without limitation payment of any and all applicable license fees, the Customer is granted such number of Software Licenses as specified in the Special Terms of the Agreement. The Customer’s access to the Software is personal and the Customer may not share or otherwise allow a third party such access. The Customer’s Software License is specific for the geographic market for which the Software is intended. The Customer agrees to immediately notify Maestro 3D of any unauthorized access to the Software or any other breach of security.
2.2.1 Types of Licenses: Each Software License granted is subject to certain restrictions, depending on the type of license. The type of license granted is specified in the Special Terms. The most common types of licenses are the following (although different types with different restrictions may be specified in the Special Terms):
"Pay-Per-Use License": A single non-exclusive, non-transferable license to install and use certain software on more PC. For this license all updates are free and you only pay for each individual case.
"Perpetual License": A single non-exclusive, non-transferable license to install and use certain software on one PC. For the avoidance of doubt, a Perpetual License may not be shared or used concurrently on different PCs. The license requires an internet connection to operate. This license contains some features that are only available by subscription, see the following section "Expert Mode".
"Expert Mode": Some features of the perpetual license are not sold but are only available by subscription. All these features are marked in the software with the "Expert Mode" label. The list of all these features is described on this web page: https://www.maestro3d.com/dental.studio.expert.mode.aspx
2.2.2 "Expert Mode Time-Limited" license is only valid for such period of one (1) year from the date of the first activation of the Software License to the Customer whereupon it may be extended for subsequent periods of time (typically each such extension period is also one (1) year), each such extension being subject to the Customer having paid to Maestro 3D (or the Maestro 3D Reseller in case the Agreement is entered into by the Customer with a Maestro 3D Reseller) a license extension fee. Once the subscription expires, the license will no longer be able to receive software updates and all "Expert Mode" features will be disabled. All other features of the perpetual license, without subscription, will work for a period of time not exceeding 2 years. After 2 years of non-renewal of the subscription, the license will stop working.
2.2.3 Other License Restrictions: In addition to such restrictions as follows from the general license type and possible time-limitations on the Software License as mentioned in Clauses 2.2.1 and 2.2.2 above, the Special Terms may specify other restrictions on the rights of use granted under any specific Software License, including without limitation volume restrictions specifying that certain functions of the Software may only be used a limited number of times in any given month or year.
2.2.4 Use Limited to Such Purpose(s) for which the Software is Intended to be Used: The use permitted under any Software License shall not extend beyond use of the Software for such purpose(s) as the Software is, pursuant to Maestro 3D's official product descriptions of the Software and/or an official user manual from Maestro 3D, intended to be used for.
2.2.5 Dongle Technology: For some Maestro 3D Software, Maestro 3D applies dongle technology for license authentication purposes. Thus, the Software may be associated with a physical dongle which has to be used in order for the Software to work. Such physical dongle shall be authorized and used only in the geographic market for which it is intended. This is a USB hardware device for the purpose of license management and copyright protection which is required for each use of the Software including the Initial Activation. The USB Dongle must at all times be connected to the respective End User computer in order to run or use the Software. The USB Dongle contains a Serial Number to identify each individual license, which is also displayed by the Software during the Initial Activation.
2.2.6 Product Information and Data Transferred to Maestro 3D: The Customer acknowledges and accepts that (A) the Software includes a functionality implying that data (serial number, IP address, PC hardware identification) within the Software is automatically sent to Maestro 3D in order to facilitate the functionality and use of the Software as well as for the purpose of storage, and that Maestro 3D may use any such transferred data for development/improvements of Maestro 3D’s products and, regulatory purposes, provided such data is only processed in an anonymized form, and (B) product information concerning performance and usage of the Software is automatically sent to Maestro 3D. Maestro 3D uses product information concerning performance and usage to analyze and understand the usage of the Software, for statistical purposes, and for purposes of improving the Software in relation to the needs of Maestro 3D's customers. The Customer acknowledges and accepts that some computations during the software's usage are processed by Maestro 3D servers to enhance the software's performance. This could, in some cases such as periodic maintenance or system overload, lead to the slowdown or temporary suspension of these operations, causing the software to temporarily stop functioning. Maestro 3D endeavors to minimize these occurrences, but in any case, cannot be held responsible for temporary service interruptions due to the client-server technology utilized.
2.2.7 Changes in Hardware and Software Compatibility: The Customer acknowledges and accepts that any new releases that Maestro 3D may make of the Software may not always run properly or at all on such older PCs, or more generally be compatible with such hardware or third-party software as a previous release was perhaps compatible with, and that, accordingly, it may be necessary for the Customer to upgrade, at the Customer's own expense, its hardware or third-party software in order to be able to use properly any such new releases of the Software.
2.2.8 Software Licenses Sold by Maestro 3D Resellers: If the Agreement is entered into between a Maestro 3D Reseller and the Customer, then, notwithstanding anything stated in these Standard License Terms and Conditions, any Software License comprised by such Agreement shall only be valid, and indeed is only granted by Maestro 3D, on the condition that the Maestro 3D Reseller has not in the Special Terms of the Agreement transgressed the authorization granted by Maestro 3D to the Maestro 3D Reseller (e.g. by purporting to sell licenses of a type which the Maestro 3D Reseller does not have proper authorization from Maestro 3D to sell).
2.2.9 Software License Activation: before using the Software with its USB Dongle or licensing mechanism on a specific computer, Initial Activation is required. The Initial Activation will only enable use of the Software on the specific computer the USB Dongle or other licensing mechanism is connected to during the activation process. The License is activated by using an online internet connection to Maestro 3D’s License Server from the Software on the computer with the USB Dongle or other licensing mechanism. A successful connection to Maestro 3D’s License Server is a prerequisite for the Software to function. In order to prevent the unauthorized multiple use of the Software with a single USB Dongle or other licensing mechanism, Maestro 3D reserves the right to refuse the Initial Activation of the Software on more than five (5) computers in whole until the question of the further authorization for use by the End User has been clarified. After six months from the initial activation of the license with a specific version of the software, it will no longer be possible to activate or use workstations with previous versions of the software.
2.3 No Assignment, Selling, Sublicensing, Rental, Lending, Displaying, Sharing, Performing, Reproducing, Publishing, Selling, Creating Derivative Works, Transferring or Leasing: The Customer may not assign, sell or resell, sublicense, rent, lease, publish, display, share, perform, reproduce, create derivative works from, transfer, or lend any content obtained from or through Maestro 3D, including the Software or the Customer's license(s) to the Software (including any sublicense under Special Section II). The Software is authorized for access and use only in its intended geographic market.
2.4 Copying: The Customer may make one backup copy of the media on which the Software is provided to the Customer. Such backup copy may be used only for reinstallation of the Software. Other than the said backup copy the Customer is not allowed to make any copies of the Software, except to the extent expressly permitted by mandatory law applicable notwithstanding this limitation. Similarly, the Customer may not publish the Software for others to copy.
2.5 Limitations on Reverse Engineering, De-compilation, and Disassembly: The Customer is not entitled to reverse engineer, decompile, modify, or disassemble the Software or any device that, when connected to a computing system running the Software, enables the creation and export of a file that can be used to fabricate a dental surgical drill guide using a milling or grinding unit, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3. Special Provisions Regarding Supplied Interfaces/Libraries
3.1 Scope of Clause: The special provisions set forth in this Clause 3 apply to any Supplied Interface/Library. Subject to the deviations set forth in this Clause 3, all provisions of these Standard License Terms and Conditions shall apply equally to any Supplied Interface/Library as they do to the Software.
3.2 Intellectual Property Rights: Any Supplied Interface/Library, including all title and intellectual property rights in and to the Supplied Interface/Library, is the property of Maestro 3D and/or a third-party licensor having granted Maestro 3D a license to distribute the Supplied Interface/Library.
3.3 License: Except as otherwise stipulated herein or in the Special Terms, the license(s) granted to the Customer to use a Supplied Interface/Library shall follow and be the same as that/those granted in relation to the Software (and thus also be subject to the same restrictions as apply in relation to the Software, see without limitation Clause 2). Without prejudice to the generality of the foregoing, the Customer accepts that the Customer may only use any Supplied Interface/Library in conjunction with the Software, and only for such purpose(s) as the Software is, pursuant to Shape's official product descriptions of the Software and/or an official user manual from Maestro 3D, intended to be used for.
3.4 Fees: Special license fees, as stipulated in the Special Terms, may be charged by Maestro 3D (or the Maestro 3D Reseller in case the Agreement is entered into by the Customer with a Maestro 3D Reseller) in respect of Supplied Interfaces/Libraries.
3.5 Exclusion of General Limited Warranty With Regard to Third-Party -Owned or -Controlled Supplied Interfaces/Libraries: As regards any such (parts of) Supplied Interfaces/Libraries as are owned or controlled by third parties, the General Limited Warranty shall not apply. Thus, any third-party-owned or -controlled (part of a) Supplied Interface/Library is provided strictly on an "as is" basis without any liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Maestro 3D DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY-OWNED OR -CONTROLLED (PART OF A) SUPPLIED INTERFACE/LIBRARY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
3.6 Exclusion of Liability for Third-Party Owners of Supplied Interfaces/Libraries: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Maestro 3D FURTHERMORE ON BEHALF OF ANY AND ALL THIRD-PARTY OWNERS OF (PARTS OF) SUPPLIED INTERFACES/LIBRARIES DISCLAIMS LIABILITY IN RESPECT OF SUCH (PARTS OF) SUPPLIED INTERFACES/LIBRARIES, AND EXPRESSLY DISCLAIMS ON SUCH THIRD PARTIES’ BEHALF ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH (PART OF A) SUPPLIED INTERFACE/LIBRARY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WHILST ANY SUCH THIRD-PARTY OWNER OF (PARTS OF) SUPPLIED INTERFACES/LIBRARIES
SHALL NOT BE CONSIDERED TO BE A PARTY TO THE TERMS AND CONDITIONS SET FORTH HEREIN, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY SUCH THIRD-PARTY OWNER OF (PARTS OF) SUPPLIED INTERFACES/LIBRARIES SHALL VIS-À-VIS THE CUSTOMER BE ENTITLED TO INVOKE THE SAID DISCLAIMER OF LIABILITY.
3.7 Special Right of Termination: Notwithstanding anything to the contrary herein or in the Special Terms, any license to use a Supplied Interface/Library may at any point in time be terminated, without liability, by Maestro 3D without notice, and the Supplied Interface/Library may at any point in time without prior notice be removed from, or no longer supported by, new releases of the Software, such that the Supplied Interface/Library cannot be used anymore with, or as part of, the Software. If the Customer has paid directly to Maestro 3D a separate fee specifically covering the license to the Supplied Interface/Library in question and such fee covers a license to use the Supplied Interface/Library for a specific limited period of time, such proportionate part of the said fee as corresponds to the non-expired part of the said period of time shall be refunded to the Customer.
4. Expiry and Termination
4.1 Expiry: The Expert Mode time-limited Software License(s) granted to the Customer shall expire as described in Clause 2.2.2 above if not renewed in accordance with the said clause.
4.2 Termination: The Software License granted to Customer shall terminate immediately if the Software is accessed, used or sold for use in a geographic market other than its intended geographic market. In addition to any other provisions for termination that may be contained in the Agreement, Maestro 3D may by notice in writing to the Customer terminate the Software License(s) granted to the Customer under the Agreement if Customer is in breach of any term, condition or provision of the Agreement, with these Standard License Terms and Conditions or required by the applicable law and fails to remedy such breach (if capable of remedy) within thirty (30) days of having received written notice of such breach from Maestro 3D.
The License of the End User will automatically and immediately expire without further notice if (i) mandatory usage of the USB Dongle or other licensing mechanism is circumvented, (ii) existing USB Dongle or other licensing mechanism protection is impaired, circumvented or tampered with (e.g. by making copies of the USB Dongle or other licensing mechanism, or its contained license data), (iii) the Software is used on any other computer than the computer the Software has been successfully activated for, (iv) the connection between the computer where the Software is running and the License Server is blocked, circumvented, impaired or tampered with or (v) any attempt, preparation or support measure for any of the above actions is undertaken. Any potential claims of Maestro 3D or the Distributor regarding compensations for fictitious license fees or any further claims, including damage claims exceeding fictitious license fees, shall remain unaffected.
4.3 Cease of Use Upon Termination or Expiry: At the termination or expiry, for whatever reason, of the Software License(s) granted to the Customer, the Customer shall discontinue any and all use of the Software and shall destroy, or return to Maestro 3D or the applicable Maestro 3D Reseller if so requested, any and all copies that the Customer may have of the Software.
5. General Limited Warranty
5.1 Software Not Error-Free: For the avoidance of doubt, Maestro 3D does not warrant that the Software will be error-free.
5.2 General Limited Warranty: Maestro 3D warrants that the Software will, if used in accordance with the instructions, perform substantially in accordance with the accompanying technical software description from Maestro 3D that the Customer receives in or with the Software. The said limited warranty covers the Software for the Warranty Period. If the Customer discovers a breach of this General Limited Warranty and the Customer notifies Maestro 3D (or the applicable Maestro 3D Reseller, as the case may be) thereof immediately after discovering the breach, and in any event before expiry of the Warranty Period, Maestro 3D shall, to the exclusion of any and all other remedies of breach, use reasonable endeavours to correct, by patch or new release (at Maestro 3D's option), that part of the Software which has caused the non-compliance with the warranty, PROVIDED THAT
5.2.1 such non-compliance has not been caused by any modification, variation or addition to the Software not performed by Maestro 3D or its licensor or caused by the Customer's incorrect use, abuse or corruption of the Software or by use of the Software with other software or on equipment with which it is incompatible; and
5.2.2 the most recent release of the Software that Maestro 3D (or the applicable Maestro 3D Reseller, as the case may be) may have provided to the Customer has been installed by the Customer in accordance with applicable installation instructions, such that the release of the Software installed with the Customer is the most recent release provided by Maestro 3D (or the applicable Maestro 3D Reseller) to the Customer.
5.3 NO OTHER WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, Maestro 3D DISCLAIMS ALL OTHER WARRANTIES (THAN THE GENERAL LIMITED WARRANTY SET FORTH IMMEDIATELY ABOVE) WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ACCORDINGLY, AFTER THE EXPIRATION OF THE WARRANTY PERIOD THE CUSTOMER WILL NO LONGER BE ENTITLED TO SUBMIT ANY CLAIMS IN RELATION TO DEFECTS IN THE SOFTWARE.
6. Exclusions and Limitations of Liability
6.1 EXCLUSION OF LIABILITY FOR INDIRECT DAMAGES, ETC.: IN NO EVENT WILL Maestro 3D OR ITS LICENSORS BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER SPECIAL, INDIRECT, PUNITIVE,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE, TO ANY SUBLICENSE (SEE SPECIAL SECTION II), TO ANY SUPPLIED INTERFACE/LIBRARY OR TO ANY SERVICE FURNISHED TO THE CUSTOMER, OR UNDERTAKEN BY Maestro 3D TO BE FURNISHED TO THE CUSTOMER, OR TO THE USE THEREOF OR OTHERWISE ARISING OUT OF OR RELATING TO ANY OBLIGATIONS THAT Maestro 3D MAY HAVE UNDER THESE STANDARD LICENSE TERMS AND CONDITIONS OR UNDER SPECIAL TERMS AGREED BETWEEN Maestro 3D AND THE CUSTOMER, EVEN IF Maestro 3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING EXCLUSION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE AND OTHER TORTS.
6.2 CAP ON LIABILITY: THE MAXIMUM AGGREGATE LIABILITY OF Maestro 3D UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THE SOFTWARE, TO ANY SUBLICENSE (SEE SPECIAL SECTION I), TO ANY SUPPLIED INTERFACE/LIBRARY OR TO ANY SERVICE FURNISHED TO THE CUSTOMER, OR UNDERTAKEN BY Maestro 3D TO BE FURNISHED TO THE CUSTOMER, OR TO THE USE THEREOF OR OTHERWISE ARISING OUT OF OR RELATING TO ANY OBLIGATIONS THAT Maestro 3D MAY HAVE UNDER THESE STANDARD LICENSE TERMS AND CONDITIONS OR UNDER SPECIAL TERMS AGREED BETWEEN Maestro 3D AND THE CUSTOMER WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE DIRECT DAMAGES ACTUALLY INCURRED BY THE CUSTOMER AND FURTHERMORE BE LIMITED TO THE TOTAL AMOUNT OF (LICENSE) FEES (REGARDING THE SOFTWARE OR SUPPLIED INTERFACE/LIBRARY OR SERVICES IN RESPECT OF WHICH THE CAUSE OF ACTION ACCRUED) PAID BY THE CUSTOMER UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE AND OTHER TORTS.
6.3 Failure of Essential Purpose: The Customer agrees that the exclusions and limitations of liability specified above will survive and apply even if any exclusion or limitation of remedies set forth herein is found to have failed of its essential purpose. Notwithstanding the foregoing, nothing contained herein shall limit Maestro 3D's liability for its own wilful conduct.
6.4 Types of Liability That Are Not Disclaimed: Nothing herein stated shall exclude or limit Maestro 3D's liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any other liability that cannot, as a matter of law, be limited or excluded.
SPECIAL SECTION I:
Maestro 3D Dental Studio: IMPORTANT INFORMATION AND LEGAL DISCLAIMER
The functionality of the Maestro 3D Dental Studio software allows you to manipulate a 3D visual model of a patient’s dentition by dragging and moving individual teeth in the model, whereby you may explore how the visual appearance of the dentition may change if such tooth movements are implemented.
Please be informed that the Maestro 3D Dental Studio software does not in any way attempt to check if any specific tooth movement or combination of tooth movements visualized in the software is actually possible to implement on the patient in real life. Manipulations visualized in the software may not be possible to implement in real life, e.g. because the teeth may not actually be moved as visualized. A visualization created in the software of any tooth movements may also be inaccurate, e.g. because such movements, if implemented in real life, might cause more or different effects than as shown in the visualization created within the software.
Furthermore, the software does not contain any functionality attempting to check whether any such real-life implementation attempt might result in damage, e.g. to the patient’s teeth or jaw. Any treatment attempt to implement on a patient a tooth movement or other manipulation visualized by way of the software should be planned and made only by a dental professional having with due diligence assessed whether the visualized manipulation can actually be implemented without causing damage to the patient.
The risks pertaining to any such treatment attempt shall be assumed entirely by the person carrying out the treatment.
Maestro 3D disclaims any and all liability for the results of any treatment attempts made on the basis of the visualizations generated within the Maestro 3D Dental Studio software.
AGE Solutions Srl
01 April 2024
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