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The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by DOVIDEQ medical.
DOVIDEQ medical grants to you a worldwide non-exclusive royalty-free revocable license to:
DOVIDEQ medical does not grant you any other rights in relation to this website or the material on this website.In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without DOVIDEQ medical’s prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to DOVIDEQ medical.
DOVIDEQ medical takes the protection of its copyright very seriously. If DOVIDEQ medical discovers that you have used its copyright materials in contravention of the license above, DOVIDEQ medical may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
Definitions
The DDA shall mean this Dovideq Data Distribution Agreement, which is signed by the Distributor and DOVDEQ medical.
Subscriber shall mean any natural person or legal entity that access the Data through the Services provided by the Dovideq to Distributer for the sole purpose of its own use or that makes such Data accessible to its own employees for internal usage only.
Subscriber Agreement shall mean the agreement concluded between Dovideq and Subscriber prior to the distribution of the Data to Subscribers, which defines the respective direct or indirect obligations of the Distributor and Subscriber for the usage and distribution of the Data under the “DDA”.
Distributor shall mean any legal entity, which is entitled to receive the Data directly or indirectly from Dovideq for the purpose of use and distribution within the framework of the DDA.
Device shall mean any fixed or portable equipment, that accesses the Data and makes the Data usable, understandable, visible and audible or in other comprehensible form.
Access Point shall mean locations where the Data is supplied over the infrastructure owned by Dovideq or over the infrastructure provided through third parties authorized by Dovideq.
Derived Data shall mean a new Data that is created in whole or in part from the Data and that cannot be reverse-engineered to substitute or recreate the original Data.
Subject to the Licensee complying with the terms and conditions of this Agreement, the Licensee will have a non-exclusive and non-transferable right to use the Service.
Third Party Content Provider shall mean any natural person or legal entity permit the use or distribution of the Third Part Content within the framework of the DDA.
The Data shall mean any and all Data contained in and derived from the use of the ScopeControl Endoscope tester. (monitoring, processing, derivation and storage in the Dovideq database)
Data feed shall mean direct transmission of the Data by the Distributor to any other environment without using an Entitlement System.
Authorization Start Date shall mean the date on which the authorization for the use and distribution of and access to the Data comes into effect within the framework of the DDA.
The right to quote from the Dovideq Database record (for example an abstract) may only be exercised in strict respect of the relevant standards relating to such and, in particular, when doing so, by indicating the source of the data.
The right to use the contents of the Dovideq Databases that the Licensee enjoys includes a right of access, consultation, reproduction in computer memory or in hard copy form.
Contents from the Dovideq Databases that are consulted may not be communicated, duplicated or transferred to another person outside the subscribing body by the Licensee, in any way whatsoever, to whomsoever, free of charge or for a consideration, on any support medium whatsoever.
Subject, Purpose and Scope
Dovideq hereby grants to the Distributor a non-exclusive and non-transferable right for receiving the Data from Dovideq Database and to use and distribute any such Data in accordance with and within the framework of the terms, conditions and provisions of the DDA.
The Distributor may use the Data provided that the Distributor strictly complies with provisions of the DDA.
The authorization granted for the distribution of the Data shall be limited to the transmission of any such Data through any electronic environment/devices aimed at the purpose of monitoring, use and redistribution of such Data and access to historical databases and graphical services.
Intellectual and Industrial Property Rights over the Data
Copyright and Ownership of Software
Copyright subsists in the User Interface and Software supplied with the Service. The User Interface was created by Dovideq who is copyright owner thereof. Dovideq retains ownership and title of the interface design and text used. The Software was created and developed by the Software Owner. These copyright owner retain title and ownership of the Software incorporated in the Service and all subsequent copies of the Software, regardless of the form of media in or on which the original Software of copies thereof may exist. This Agreement is a licence agreement only and not a sale of the original Software or any copy thereof, and nothing contained in this Agreement shall be construed as granting or otherwise transferring to the Licensee any copyright or ownership interest whatsoever in the Software.
Distributor agrees that the data contained in the Database contain confidential information, and that Dovideq owns all rights in the Databases and the data contained therein, including without limitation all copyright and other proprietary rights. Distributor agrees to keep confidential and use its best efforts to prevent and protect the Databases from unauthorized disclosure or use. Distributor agrees that the confidentiality obligations shall survive termination of this Agreement.
Distributor shall not sell, license, subrogate, transfer, convert, publish, reveal, copy or make the said Data available in any other manner to third parties, nor shall it use the Data to provide services to
a third party, nor shall it incorporate it, in whole or in part, into any other program, nor shall it use the Data in the development or production of any derived product or extension, except for the purposes and in the cases specified in this Agreement, or unless it has Dovideq’s prior, express and written permission
Distributor shall not use /permit the use of the Data for any illegal purpose.
Licensed Data Access
Distributor may receive the Licensed Data via direct connection to the Dovideq Database and/or via indirect connection, i.e., via one or several Data Providers.
Where directly connected to DOVIDEQ data servers, DOVIDEQ’s Licensed Data provision to the Contracting Party’s Group shall be carried out via the technical connection described in the Technical Specifications Documents. The Contracting Party acknowledges being familiar with such document and hereby accepts it. Any cost related to the direct connection to DOVIDEQ shall be payable by the Contracting Party.
Modes of access
With the exception of the Service homepage and the general information pages, which are accessible to the public, the Licensee may only access the Service via a confidential identifier and password or authorised IP address.
Any identifier and password are strictly reserved for the Licensee. Consequently, the Licensee assumes entire responsibility for the use he/she makes of his/her identifier and password must not communicate these to other establishments or third parties.
The Licensee will have access to the Service via the Internet communication network. The Licensee declares that he/she is familiar with and accepts the specific characteristics of the Internet. The Licensee must take all the necessary steps to access information, and will be responsible for providing the necessary communications equipment to receive the Service, including among other things a suitable computer configuration and must ensure that he/she is protected against intrusion on or contamination of the Licensee’s computer system by any viruses. The Licensor is not liable to the Licensee for any loss or damage of any nature that the Licensee suffers as a result of the Licensee’s computer system being affected in any way by a computer virus.
Licences
Pursuant to this Agreement and during its term, Dovideq hereby grants the Contracting Party a non-exclusive and non-transferable licence to use the Licensed Data in accordance with the provisions of this Agreement and those set forth in the Product Distribution Agreement.
Termination of Licence
In addition to all other legal remedies that may be available to the Licensor, the Licensor is entitled to terminate the licence granted hereunder upon giving the Licensee notice if the Licensee breaches any term of the Agreement.
In addition the Licensor may, by not less that 30 days notice to the Licensee in advance of the expiration of the current twelve months licence period, terminate the Agreement.
A renewal notice will be sent to the Licensee before the end of the period indicated in Part 1 to this Agreement. It is up to the Licensee to renew the Agreement before the date indicated in order to avoid interruption of the service. The Licensee may terminate this Agreement by giving the Licensor not less than 90 days written notice expiring on the last day of the initial period set out in Part 1 or expiring on the last day of any subsequent 12 month subscription period.
In the eventuality of late payment, the Licensor may charge interest on any late payment at a rate as permitted by the Laws of the country of the Licensor or, in the absence of such Laws, equal to one and a half times the current central bank base interest rate effective in the country of the Licensor.
Creation of Derived Data and Non Display Use
The Distributor may create Derived Data by processing the Dovideq Data in whole or in part together with other information and may use this Derived Data internally.
The Distributor hereby agrees and warrants that it will record any and all creations Derived Data and/or Non-Display Use by itself and that it will submit reports to Dovideq who will become the owner of this Derived data.
Indemnity and Limited Liability
Dovideq shall use its best efforts for ensuring the uninterrupted service or error free service, or continuity, timing, accuracy and completeness of the Data, however Dovideq does not make any representations or gives any warranties for the continuity, timing, accuracy and completeness of the Data and may not be held liable or responsible for any resulting loss or damage for any reason whatsoever. Dovideq shall use its best efforts for correcting the errors regarding to the continuity, timing, accuracy and completeness of the Data as soon as possible.
Dovideq shall not be liable for any delay, inaccuracy, error or omission of any kind in the Data or for any resulting loss or damage for any reason for whatsoever.
The Distributor shall take all necessary legal, administrative and technical measures to ensure the reliable and effective use and/or distribution of the Data including without limitation the continuity, timing, accuracy and completeness of the Data and to prevent any unauthorized access.
Confidentiality
Each party acknowledges that the Data of a confidential nature relating to the business of the other (“Confidential Data”) may be disclosed to it under the DDA. Either party shall keep strictly confidential all of the other party’s confidential and sensitive Data and shall not use any such Data or Data for other than authorized purpose under this Agreement and shall not disclose any such Data to any other person without the prior written consent of the other party.
The confidentiality obligation shall not apply to the Data which is already known to the recipient or is publicly available at the time of disclosure, or which is legally disclosed to the recipient by a third party without an obligation of confidentiality, or which becomes publicly available after disclosure without any fault of the recipient, or to the Data for or to the Data which is developed independently from the information disclosed.
Research carried out by the Licensee and the results thereof are covered by a confidentiality commitment and accordingly the Licensee must not make such research results available to a third party. The Licensee must not use any information contained from the Service otherwise than as permitted by this Agreement and must keep secure any information the Licensee has obtained from using the Service.
Competent jurisdiction and applicable legislation
In the eventuality of any dispute relating to the provision of the Service or the terms and conditions of this Agreement the Laws of the country of the Licensor shall apply and the parties submit to the courts of that jurisdiction.
