28
Article number
Licence Agreement
Manufacturer: see back of this document
PLEASE READ THIS END USER LICENCE AGREEMENT ("EULA" OR "LICENCE AGREEMENT") CAREFULLY
BEFORE YOU INSTALL OR USE THE OTTOBOCK SOFTWARE. BY INSTALLING OR USING THE OTTOBOCK
SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS EULA.
DO NOT USE THE OTTOBOCK SOFTWARE UNLESS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENCE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENCE
AGREEMENT, YOU CAN RETURN THE OTTOBOCK SOFTWARE TO THE LOCATION WHERE YOU ACQUIRED
THE SOFTWARE. IF YOU ACQUIRED THE OTTOBOCK SOFTWARE JOINTLY AND IN CONJUNCTION WITH
HARDWARE, YOU CAN RETURN BOTH THE HARDWARE AND THE SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU ARE NOT AUTHORISED TO
INSTALL OR USE THE OTTOBOCK SOFTWARE.
1. Contractual partners and object of the agreement
1.1 By accepting this EULA, you are entering into a contract between yourself and the named Ottobock company
(hereinafter also “Ottobock”); however, if you are acting on behalf of a company when installing or using the Ottobock
software (e.g. as an employee of said company), the contract is concluded between the company and Ottobock (in
which case “you” refers to said company). In case of any doubt, you are a party to the contract.
1.2 The licence covers the Ottobock software, including any related documentation (referred to as “Ottobock
Software” below). The terms and conditions of this licence agreement also apply to any updates to the Ottobock soft
ware that replace or amend the original software – where Ottobock provides them to you after the installation of the
Ottobock software – unless such an update is the object of a separate licence agreement. Any possible maintenance
of the Ottobock software or other Ottobock products is not covered by this agreement; a separate agreement is
required.
1.3 To the extent that the Ottobock software will be used to provide recommendations regarding patient fittings (e.g.
for certain adjustments to Ottobock products after taking customer measurements), please note that such suggestions
merely represent non-binding recommendations from Ottobock. While Ottobock will take reasonable steps to ensure
the suggestions are correct, it is not obliged to provide technically accurate recommendations. Accordingly, Ottobock
is not liable for possible technical errors in the recommendations except in the case of intent or gross negligence.
Your own technical responsibility for correct patient fittings remains unaffected by the non-binding recommendations.
1.4 To the extent that training requirements are specified for the use of the Ottobock software, the software may only
be used by qualified personnel.
1.5 The Ottobock software uses the Graphviz program subject to the conditions of the Common Public License Ver
sion 1.0, the wording of which can be found under the following link: http://www.graphviz.org/License.php
2. Licence
2.1 The Ottobock software is protected by national copyright laws in many countries and by international treaties.
Ottobock will prosecute any violation of the copyrights it holds. You are only granted the right to use the Ottobock soft
ware to the extent required by law or expressly granted to you according to this licence agreement. Ottobock and/or its
licensor(s) expressly reserve all ownership and/or other rights to the Ottobock software, including all copyrights, pat
ents, business and trade secrets, trademarks and other intellectual property rights.
2.2 By accepting this EULA, you are granted the non-exclusive and non-transferable right for 15 years to use the
Ottobock software for your own purposes in accordance with its intended use, subject to any restrictions contained in
this EULA. “Own purposes” refers solely to the purposes of the respective contractual partner. In the case of medical
supply companies or other companies that provide patient services related to Ottobock products (e.g. prosthesis
adjustments), “own purposes” in terms of this licence agreement are also the purposes of the respective patient who
wants to use the Ottobock products in accordance with their intended use.
2.3 You do not have the right to modify, edit, translate, rearrange, or otherwise alter the Ottobock Software nor to
decompile, disassemble, or reverse engineer the Ottobock Software yourself or via third parties unless expressly per
mitted to do so by law.
2.4 You are authorised to install the Ottobock Software on several computers at the same time, or to use it on a net
work where the software can be accessed on more than one computer simultaneously. Making the software accessible
to the public is not permitted. For the purposes of this EULA, “computers” shall also be understood to mean those
Ottobock products using the software according to its intended function.
