END USER LICENSE AGREEMENT (EULA)
This End User License Agreement ("Agreement") is a legal agreement between you ("End User" or "You") and Drawing Board Solutions Limited, ("Licensor", "We", "Our", or "Us"), for the use of iSmile and MyClinics ("Software"), which includes computer software, online services, and may include associated media, printed materials, and "online" or electronic documentation.
By using the Software, You agree to be bound by the terms of this Agreement.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Licensor grants You a non-exclusive, non-transferable, limited, and revocable right to access and use the Software for Your personal or business purposes.
2. RESTRICTIONS ON USE
You agree that You will not:
(a) Modify, reverse-engineer, decompile, or disassemble the Software.
(b) Rent, lease, lend, sell, redistribute, or sublicense the Software.
(c) Use the Software to perform any unauthorized actions or violate any laws.
(d) Transfer or assign Your rights under this Agreement to any third party without Licensor's consent.
(e) Access or use the Software for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.
3. USER ACCOUNT
To use the Software, You may be required to create a user account. You agree to provide true, accurate, current, and complete information. You are responsible for maintaining the confidentiality of Your account and password.
4. DATA USAGE AND PRIVACY
By using the Software, You consent to the collection and use of data as outlined in our Privacy Policy https://ismiledental.safeerahmed.online/legal-policy/. The Software may collect and transmit personal and technical data necessary to provide the service and improve functionality.
5. SOFTWARE UPDATES
Licensor may provide updates to the Software that include bug fixes, patches, and new features ("Updates"). These Updates will automatically install, and You agree to receive such Updates as part of Your continued use of the Software.
6. INTELLECTUAL PROPERTY
All intellectual property rights in and to the Software are owned by or licensed to the Licensor. This Agreement does not grant You any ownership interest in the Software.
7. TERMINATION
This Agreement is effective until terminated. Licensor may terminate this Agreement at any time if You violate any terms. Upon termination, You must cease all use of the Software and destroy any copies of the Software in Your possession.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
(a) The Software is provided "AS IS" without any warranties of any kind. Licensor disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) In no event will Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to Your use of the Software.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Licensor, its affiliates, officers, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to Your use of the Software or violation of this Agreement.
10. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of England (UK), without regard to its conflict of law provisions.
11. DISPUTE RESOLUTION
Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration under the rules of Central Arbitration Committee in England (UK). Any claims not subject to arbitration shall be litigated in the courts of England (UK).
12. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between You and Licensor regarding the Software and supersedes any prior agreements.
(b) If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. CONTACT INFORMATION
If You have any questions about this Agreement, please contact us at:
Drawing Board Solutions t/a iSmile Dental Software, 1st & 2nd Floor, 22c Station Road, Stockport, SK8 7AB
info@drawingboardsolutions.co.uk
Tel: 01615071160
