End-User License Agreement ("EULA") of Mint Medical GmbH/Mint Medical, Inc. (Mint Medical)

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Mint Medical for the Mint Medical software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE

1.1 Mint Medical grants you the following rights provided that you comply with all terms and conditions of this EULA:

Installation and use. You may install, use, access, display and run one copy/copies of the Software on a single or multiple computers with respect to the kind of license you obtained from Mint Medical. Accessing the software remotely (i.e. by means of Remote Desktop or others) is explicitly permitted ONLY for network licenses.

1.2 Mint Medical grants you a limited, non-exclusive, non-transferable license to use the Software acquired hereunder subject to the restrictions set forth in these terms. The Software may only be accessed and/or used

(a) in accordance with its intended use; (b) for the Term, if provided on a subscription basis, or perpetually, if not provided on a subscription basis; (c) at the location indicated in the Quote, and/or, solely with respect to Software installed on a Customer or Affiliate owned server, at an Affiliate co-located in the same geographic setting; and (d) by the number of permitted concurrent users indicated in the Quote, or if no number of concurrent users is indicated in the Quote, by one (1) authorized user at a time.

1.3 You hereby accept any further license conditions for the Software that may be required by third party manufacturers or licensors in so far as such conditions are commonly used or reasonably acceptable to customers. Mint Medical will make such additional license conditions available to you upon request.

1.4 Mint Medical may terminate a Software subscription by giving six (6) months written notice in the event that you choose not to install an upgraded version of such Software offered by Mint Medical.

2. RESERVATION OF RIGHTS AND OWNERSHIP

Mint Medical reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Mint Medical or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

All title and interest to any Software provided to Customer shall remain with Mint Medical, the third party manufacturers or the licensors, as applicable. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. NO RENTAL/COMMERCIAL HOSTING

You may not rent, lease, lend or provide commercial hosting services with the Software.

5. CONSENT TO USE OF DATA

You agree that Mint Medical and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Mint Medical may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 

6. LINKS TO THIRD PARTY SITES

You may link to third party sites through the use of the Software. The third party sites are not under the control of Mint Medical, and Mint Medical is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Mint Medical is not responsible for webcasting or any other form of transmission received from any third party sites. Mint Medical is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Mint Medical of the third party site.

7. ADDITIONAL SOFTWARE/SERVICES

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Mint Medical may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component.

8. UPDATES

You are obliged to keep the Software current by installing updates of the Software offered by Mint Medical without undue delay.

9. UPGRADES

To use Software identified as an upgrade, you must first be licensed for the software identified by Mint Medical as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.

10. NOT FOR RESALE SOFTWARE

This software may not be sold or otherwise transferred for value, or used for any purpose other than stated here and in the software documentation.

11. EXPORT RESTRICTIONS

You acknowledge that the Software is subject to German export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the German Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by Germany and other governments.

12. SOFTWARE TRANSFER

Internal. You may move the Software to a different Workstation Computer. For this purpose, you will have to request an updated license file from Mint Medical.

13. TERMINATION

Without prejudice to any other rights, Mint Medical 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 and all of its component parts.

14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINT MEDICAL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, 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, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MINT MEDICAL OR ANY SUPPLIER, AND EVEN IF MINT MEDICAL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

15. MISCELLANEOUS

If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning this EULA, or if you desire to contact Mint Medical for any reason, please use the following contact details: 

+49 6221 3218029

support@mint-medical.com 

Copyright (c) 2010 Mint Medical. All rights reserved.