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Terms and conditions

1 May 2022

Overview

These Terms of Conditions apply to your use of the Dental Mammoth Online Service. Dental Mammoth Online Service is an online service of dentistry for registered users (the “User”), and it is provided by Dental Mammoth Ltd (“DM”). Dental Mammoth Online Service contains free and chargeable content.

By using the Dental Mammoth Online Service, the User acknowledges that he/she has read, understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations, including those governing export and re-export controls. If you do not agree to these Terms and Conditions, do not use the Dental Mammoth Online Service.

General

User rights and obligations

The User needs to create an account to access Dental Mammoth Online Service. When creating the account, the User must provide accurate and complete information. The User agrees to use Dental Mammoth Online Service in accordance with the law, these Terms and Conditions, and the Instructions for Use. The User is fully liable to DM for all the damage caused by infringing the law, Instructions for Use, or these Terms and Conditions.

Copyright

Dental Mammoth Online Service and its content are protected by copyright. All the immaterial rights belong to DM or to its partners or collaborators. The User has only the limited rights specified below – all other rights are reserved. The User can utilize all the functions of the Dental Mammoth Online Service available for the User. The User may read and search content from Dental Mammoth Online Service. The User may not make permanent copies, distribute, reproduce, transmit, or sell any content of Dental Mammoth Online Service. The User may not integrate material from Dental Mammoth Online Service with other material or create derivative works in any media.

Disclaimer

Dental Mammoth Online Service and all its content is provided on an “as is” basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, or implied warranties of merchantability, warranties of content or fitness for a particular purpose. Dental Mammoth Online Service may not operate uninterruptedly, and it may not be error-free. DM, its partners, and its collaborators shall not be responsible for any direct, indirect, punitive, incidental, special, or consequential kind of damage arising out of or in any way connected with the use of Dental Mammoth Online Service.

Miscellaneous

DM has the right to suspend or terminate the User’s access to Dental Mammoth Online Service for violations of these Terms and Conditions. DM has the right to unilaterally modify these Terms and Conditions. If the User continues to use Dental Mammoth Online Service after having been notified, it shall be deemed as the acceptance of the modifications. User is not allowed to alienate the right of use.

Each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law. If any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions.

Place of jurisdiction

Disputes concerning these Terms and Conditions or the use of Dental Mammoth Online Service is subject to Finnish law. Any action or proceeding arising from or relating to these Terms and Conditions or the use of Dental Mammoth Online Service shall be brought and maintained only in the court of Helsinki, Finland.

Special notice

All users of the chargeable Dental Mammoth Online Service Professional and Premium, or those for whom an organization has purchased Dental Mammoth Online Service access, should also understand the terms and conditions set forth below in the DM EULA, EBM Guidelines and Medbase Databases Subscription and Licensing Terms.

DENTAL MAMMOTH end user license agreement 04/2022 (EULA)

  1. Definitions
    1. Company” shall mean Dental Mammoth Ltd. (Business ID 2508076-4), a company duly registered under the laws of Finland, having its principal place of business in the address set out in the Order Form;
    2. Confidential Information” shall have the meaning set out in Section 8.1;
    3. “Controller” shall mean the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
    4. Customer” shall mean the entity or person identified as the Customer in the Order Form;
    5. “Data Protection Laws” means EU Data Protection Laws enforced into Finnish legislation and, to the extent applicable, the data protection or privacy laws of Finland;
    6. “EULA” shall mean this Dental Mammoth End User License Agreement 04/2022;
    7. “EU Data Protection Laws” means EU Directive 95/46/EC, as enforced into domestic legislation of each Member State and as amended, replaced, or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR, provided the same are enforced into Finnish legislation;
    8. “GDPR” shall mean EU General Data Protection Regulation 2016/679;
    9. Intellectual Property Rights” shall mean (i) patents, inventions, designs, copyright, and related rights, database rights, trademarks, and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) proprietary rights in domain names; (iii) knowhow and confidential information; (iv) applications, extensions and renewals in relation to any of these rights; and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world;
    10. License Agreement” shall mean the agreement between the Company and the Customer, consisting of the Order Form and the EULA; 
    11. Order Form” shall mean the Dental Mammoth Order Form entered into by the Company and the Customer, to which the EULA is attached;
    12. Parties” and “Party” shall mean the Company and the Customer jointly and separately, as the context may require;
    13. Payment(s)” means the compensation paid by the Customer for the license to use DM Online Service;
    14. “Personal Data” means any information relating to an identified or identifiable natural person which can be identified, directly or indirectly, in particular by reference to an identifier such as name, e-mail address, location data, or the factor associated with a domain identifier;
    15. “Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller;
    16. Dental Mammoth Online Services” (later also “DM Online Service”) shall mean the services provided by the Company to the Customer, as set out in the License Agreement; and
    17. “Third Party Offering(s)” means any products or services developed by a third party or which Intellectual Property Rights belong to a third party but which are supplied by the Company in connection with DM Online Service.
  2. Dental Mammoth Online Services
    1. The Company shall deliver the Dental Mammoth Online Service to the Customer substantially as described in the License Agreement.
    2. The Company reserves the right to make changes to DM Online Service at any time. If a change made by the Company has a material adverse effect on the agreed contents of the Subscription Services or the agreed service levels, the Company shall inform the Customer of such change at least sixty (60) days before the effective date of the change. In such a case, the Customer shall have the right to terminate the License Agreement subject to thirty (30) days prior to written notice. The termination notice shall be delivered to the Company in writing no later than fourteen (14) days prior to the effective date of the change.
    3. The Company shall always have the right but shall have no obligation to make such changes to DM Online Service that (a) concern or relate to the production environment of DM Online Service and do not have a material adverse effect on the agreed contents of DM Online Service or the agreed service level, (b) are necessary to prevent any data security risk to DM Online Service, or (c) result from the law or from an administrative order.
    4. The Customer shall not have the right to terminate the License Agreement as described in Section 2.2 if the change is based on reasons set forth above in Section 2.3.
    5. DM Online Service shall be provided on an “as is” basis, and the Company shall not be responsible for the contents of DM Online Service or its correctness.
  3. Grant of License
    1. All rights, title, and interest, including all Intellectual Property Rights in and to DM Online Service and any changes thereto, shall belong exclusively to the Company or its licensors. Except for the express license to use DM Online Service granted to the Customer under and in accordance with the terms and conditions of this License Agreement, the Customer shall have no and shall not by virtue of this License Agreement obtain any rights, license, or interests in and to DM Online Service or any Intellectual Property Rights pertaining thereto.
    2. DM Online Service also includes Third Party Offerings. To the extent a Third Party Offering is licensed and made available subject to the terms and conditions of the respective supplier or developer of the Third Party Offering, which deviate from these EULA, such Third Party Offering terms and conditions are attached to the License Agreement. In case of discrepancy between these EULA and the Third Party Offering terms and conditions attached to the License Agreement, the Third Party Offering terms and conditions shall prevail with respect to the Third Party Offering in question.
    3. Subject to the Customer’s due payment of the applicable Payment, the Company hereby grants to the Customer a non-exclusive, non-transferable, non-sublicensable, limited right and license to use DM Online Service during the term of the License Agreement.
    4. The Customer’s right to use DM Online Service is limited to the Customer’s internal business operations and internal business purposes only and is limited to the number of user licenses set out in the Order Form.
    5. The Customer may not use DM Online Service for the benefit of any third party or grant any third party access to use DM Online Service. The Customer shall be solely responsible for the use of DM Online Service, including any breach of this License Agreement by the Customer, its customers, and its cooperation partners.
  4. Customer’s Responsibility, Password and Usernames
    1. The Customer shall be responsible for making any Payments properly due in accordance with the Order Form license invoices sent. 
    2. The Customer shall be responsible for its own devices, systems, applications, security solutions, connections and software used to access DM Online Service.
    3. The Customer shall be responsible for the protection of Customer’s data communications and data systems and costs for communications and other comparable costs related to the use of DM Online Service.
    4. The Customer shall ensure that only its own users are able to use DM Online Service in accordance with the License Agreement and licenses granted to the Customer under the License Agreement.
    5. The Customer shall be responsible for ensuring that its users using DM Online Service maintain their usernames and passwords diligently and do not disclose them to third parties. The Customer shall be responsible for all use of DM Online Service when such Customer’s usernames and passwords are used.
    6. The Customer undertakes to inform the Company without delay if any password has been revealed to a third party or if the Customer has a reason to suspect misuse of a username or password. The Customer’s liability for the misuse of DM Online Service by the use of the user name or password of its User shall expire when the Company has received the Customer’s written and sufficiently detailed notice thereof.
    7. The Customer shall change the password required for the use of DM Online Service upon written request of the Company if necessary due to data security risk to DM Online Service.
    8. To the extent the Customer inputs any personal data into DM Online Service, the Company (Processor) processes such data on behalf and for the benefit of the Customer while the Customer remains (at all times) as the data controller (Controller) for such personal data. The Company processes data submitted by the Customer to the Company in accordance with the Finnish Data Protection laws, other laws and decrees in force, and GDPR regulations, and the Company does not transfer the data submitted by the Customer to the Company outside the European Economic Area (EEA) without appropriate contractual safeguards or other ground under the applicable law. 
  5. Suspension of Service
    1. The Company shall have the right to suspend the provision of DM Online Service for a reasonable period of time if this is necessary in order to perform installation, change, or maintenance work in respect of DM Online Service or if such suspension results from installation, change or maintenance work in respect of public communication networks. The Company shall also have the right to suspend the provision of DM Online Service due to a data security risk to the Subscription Service or if the law or administrative order requires the Company to do so.
    2. The Company shall always have the right to suspend the Subscription Service if the Customer is in default with its payment of the Payments due under the License Agreement and the Order Form and does not pay such Payments despite a request to pay within fourteen (14) days calculated from the date of such request. The suspension can be continued until the Customer has paid all Payments due under the License Agreement. 
    3. The Company shall have the right to deny the Customer’s access to DM Online Service without first hearing the Customer if the Company reasonably suspects that the Customer burdens or uses DM Online Service contrary to this License Agreement, applicable laws or administrative orders, or for a purpose prohibited by the License Agreement, applicable laws or administrative orders or in a manner that jeopardizes the provision of DM Online Service to other users.
  6. Payments
    1. The Payments defined in the Order Form shall cover the Dental Mammoth Online Service and billing practices specified in the Order Form.
    2. Any DM Online Service or other services or deliverables not expressly defined in the Order Form as being included in the Payments, shall be charged in accordance with the Company’s then-applicable price list, or in lack of such price list, on time and material basis.
    3. The Company reserves the right to increase the Payments agreed in the Order Form or otherwise where this is justified due to the general increase of the Company’s costs and expenses of production (such as but not limited to the general increase of labor costs and expenses), in the case of increase of costs of Third Party Offerings, or in case of material changes in the Customer’s use of DM Online Service. The Company shall inform the Customer of the Payment change at least thirty (30) days in advance to the effective date of the adjusted Payments. 
    4. All Payments are defined without value-added tax (VAT) or any other applicable sales tax, which shall be added to the Payments in accordance with the then-applicable tax laws and regulations.
    5. The term of payment of each invoice shall be thirty (30) days net from the date of the invoice. Any periodic Payments shall be invoiced after 30 days from the beginning of the invoicing period.
    6. Overdue interest on any amounts overdue shall accrue in accordance with the applicable Finnish Interest Act (Korkolaki 1982/633, as amended). If the Customer fails to pay any Payments within thirty (30) days from the date such Payments have fallen due, the Company shall have the right, in its sole discretion, to either suspend the performance of its obligations under this License Agreement, or terminate this License Agreement with immediate effect.
  7. Intellectual Property Rights & Indemnification
    1. The Company agrees to defend the Customer, at its own expense, against any third party claims or actions where a third party claims that DM Online Service or the use of DM Online Service in accordance with the terms and conditions of this License Agreement infringes upon copyrights of a third party, provided that the Customer:
      1. notifies the Company of such claim immediately upon receipt of notice thereof;
      2. provides the Company, free of charge, with all available information, permissions and assistance;
      3. grants the Company the exclusive and sole right to control the defense of the claim; and
      4. shall in no event participate in the resolution of any such claim or action prior the dispute has been resolved, either by any settlement between the Company and a third party or final judgment has been rendered by a competent court of arbitration, without the express prior written consent of the Company.
    2. If the Customer has acted in accordance with paragraphs 7.1.1 to 7.1.4, the Company shall pay any damages finally agreed against the third party claimant by the settlement between Company and a third-party or awarded by the court of arbitration.
    3. If the Company justifiably deems that DM Online Service infringes or may infringe upon any third party rights, the Company shall have the right, at its own expense and in its sole discretion, to (a) acquire for the Customer the right to continue the use of DM Online Service; or (b) replace DM Online Service; or (c) modify DM Online Service to the extent necessary to avoid the infringement. 
    4. If none of the alternatives defined in Section 7.4 are available to the Company on commercially reasonable terms and/or without the significant loss of time, the Company shall have the right to terminate this License Agreement or the relevant Subscription Service subject to a notice period set by the Company, upon which the Customer agrees to cease using DM Online Service and the Company agrees to reimburse the Payments paid by the Customer for the terminated DM Online Service, less a proportion equal to the time of use of DM Online Service by the Customer.
    5. The indemnity in this Section 7 shall not apply to, and the Company is not liable for, any claim that (i) is based on the modification or alteration of DM Online Service or a modification or alteration influencing DM Online Service by the Customer or any third party; or (ii) arises or results from the use of DM Online Service in combination with any software, equipment or products not developed or supplied by the Company or which are contrary to the instructions given by the Company; or (iii) relates to Third Party Offering(s).
    6. This Section 7 sets out the entire liability of the Company and the Customer’s sole remedy in case of any infringement of any Intellectual Property Rights.
       
  8. Confidentiality 
    1. Each Party shall keep in confidence all material and information received from the other Party and marked as confidential or which should be understood to be confidential (“Confidential Information”) and may not use such Confidential Information for any other purpose than those set forth in this License Agreement. The confidentiality obligation shall, however, not apply to material and information (a) which is or later becomes generally available or otherwise public; or (b) which the receiving Party has received from a third party without any obligation of confidentiality; or (c) which was rightfully in possession of the receiving Party prior to receipt of the same from the disclosing Party without any obligation of confidentiality related thereto; or (d) which a Party has independently developed without any use of or reference to the Confidential Information received from the other Party.
    2. Each Party shall promptly upon termination of this License Agreement, or when the Party no longer needs the Confidential Information in question for the purpose of performing its obligations or exercising its rights under this License Agreement, cease using the Confidential Information received from the other Party and, unless the Parties separately agree on the destruction of such Confidential Information, return the Confidential Information in question (including all copies and reproductions thereof) to the other Party. Each Party shall, however, be entitled to retain the copies required by law or administrative orders applicable to such Party.
    3. Notwithstanding the confidentiality obligation set forth herein, each Party shall be entitled to use the general professional skills and experience acquired in connection with the performance of this License Agreement.
    4. The rights and obligations related to the Confidential Information shall survive the termination or cancellation of this License Agreement for a period of three (3) years from such termination or cancellation.
  9. Limitation of Liability
    1. The total aggregate liability of a Party towards the other Party under the License Agreement shall not exceed the amount of Payments made by the Customer to the Company during the twelve (12) months immediately preceding the event giving rise to liability.
    2. The limitations of liability shall not apply to damages caused by willful misconduct or gross negligence or to liability under Section 7 (Intellectual Property Rights Indemnification) or Section 8 (Confidentiality).
    3. A Party shall not be liable for any indirect, incidental, or consequential damages such as loss of profits, revenue, or business, damages caused due to a decrease in turnover or production or loss, alteration, destruction, or corruption of data.
  10. Term and Termination
    1. The License Agreement shall enter into force on the date set out in the Order Form.
    2. Each Party may terminate the License Agreement by 60 days in advance written notice to the other Party.
    3. Each Party may terminate the License Agreement with immediate effect upon written notice to the other Party if:
      1. the other Party becomes insolvent, applies for or is adjudicated in bankruptcy or liquidation or corporate restructuring or otherwise ceases to carry on its business; or
      2. the other Party is in material breach of the terms and conditions of this License Agreement and fails to remedy such breach within thirty (30) days from the date of receipt of a written notice by the non-defaulting Party. Such written notice detailing the breach and the intention to terminate.
  11. Governing Law and Disputes
    1. This License Agreement shall be governed by and construed in accordance with the substantive laws of Finland.
    2. All disputes arising out of or relating to this License Agreement shall be primarily settled by amicable negotiations between the Parties. Should the Parties fail to reach an outcome acceptable to both Parties as a result of the negotiations within sixty (60) days from the date when a Party has requested in writing to commence with the aforementioned negotiations, the dispute shall be finally settled in arbitration in accordance with the Rules of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall take place in Helsinki, Finland and the language to be used in the proceedings shall be English.
  12. Other Terms
    1. The Company shall have the right to use its relationship with the Customer as a reference in its marketing and sales promotion activities.
    2. Neither Party shall be liable for any delays or non-performance of its obligations or any damages caused by an impediment beyond its reasonable control, which it could not have reasonably taken into account at the time of entering into this License Agreement, and whose consequences it could not reasonably have avoided or overcome. For instance, errors in public communication networks or electricity supply shall constitute such an impediment. Strike, lockout, boycott and other industrial action shall constitute a force majeure event also when the Party concerned is the target or Party to such action. A force majeure event suffered by a subcontractor of Party shall also discharge such Party from liability if the work to be performed under subcontracting cannot be done or acquired from another source without incurring unreasonable costs or significant loss of time. Each Party shall without delay inform the other party in writing of a force majeure event and the termination of the force majeure event.
    3. All formal notices and other formal communication between the Parties hereunder shall be made in the English language.
    4. Neither Party shall be entitled to assign nor transfer all or any of its rights, benefits, and obligations under this License Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed.
    5. The Company shall have the right to update the EULA at its sole discretion. The Company shall notify the Customer of such an update at least two (2) months in advance. Should the Customer not accept the updated EULA, the Customer shall have the right to terminate the License Agreement by written notice to the Company, effective as of the effective date of the new EULA.
    6. Any terms and conditions that by their nature or otherwise reasonably should survive cancellation or termination of this License Agreement shall be deemed to so survive.

Duodecim EBM Guidelines Subscription and License Terms

Definitions

In these Subscription and License Terms, the term “Licensee” refers to: (i) an individual purchasing an EBM Guidelines subscription, either on his or her own behalf or as agent for a corporation or other entity or organization; or (ii) an individual consenting to this Agreement as a condition of using EBM Guidelines through a subscription purchased by a hospital, medical school, library or other institution (“Institution”), where the individual is employed by or affiliated with the Institution.

License

Duodecim Medical Publications Ltd. in consideration of payment of the applicable subscription fee grants Licensee a non-exclusive, non-transferable license and right to use and access the EBM Guidelines database and software (the “Licensed Materials”) in accordance with the applicable subscription terms:

Individual subscription

An individual subscription permits one individual to access and use the Licensed Materials by using his or her unique user name and password to access the Licensed Materials from any location via the Internet.

Institutional subscription

An Institutional Subscription permits individuals who are employed by or affiliated with the relevant institution to access and use the Licensed Materials at any Internet-connected computer validated for such use by Duodecim Medical Publications Ltd., but only for the clinical, educational or research purposes of the Institution.

Ownership

The Licensed Materials, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of Duodecim Medical Publications Ltd. or its suppliers.

Permitted uses

Licensee may print out individual articles containing only insubstantial portions of the most current version of the Licensed Materials, but only for 1) Licensee’s personal clinical, educational or research use; 2) teaching healthcare professionals; or 3) consulting with individual colleagues, provided that any printed articles include a source reference to EBM Guidelines and its copyright notice. Licensee is not permitted to print substantial portions of the Licensed Materials.

Prohibited uses

Except as expressly permitted by these Terms, any copying, distribution or modification of the Licensed Materials is strictly prohibited. No part of the Licensed Materials may be copied for resale or other commercial use. No part of the Licensed Materials may be reverse engineered or included in other software. Duodecim Medical Publications Ltd. reserves the right in its sole discretion to change and or cancel an individual’s username and password or to disable an IP address without notice in the event of multiple concurrent logins, excessive search quantities or excessive download traffic volumes. Duodecim Medical Publications Ltd. reserves the right in its sole discretion to terminate the license to use the Licensed Materials if the user fails to comply with any term or condition in these terms.

Subscription term

Licensee has obtained the right to use and access the Licensed Materials for a specific limited period of time, i.e., the subscription period for which Licensee has agreed to pay subscription fees. At the end of this period, the license and associated rights, such as technical support, will expire automatically, unless Licensee has renewed the subscription on EBM Guidelines’ then-current terms.

Restriction against transfer

Licensee may not sublicense, assign, share, sell, rent, lease, or otherwise transfer the right to use the Licensed Materials.

Liability and Risk

The program has been tested and the documentation reviewed by Duodecim Medical Publications Ltd. The company, however, makes no warranty or representation, either express or implied with respect to the program or the documentation, its quality, performance or fitness for a particular purpose. Duodecim Medical Publications Ltd does not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error free. Possible program defects will be corrected when a new version of the program is released. As a result the program and the documentation are licenced “as is”, and the licencee is assuming the risk as to its quality and performance. The licensee acknowledges that the product is intended as a reference source for medical professionals. The information contained in the software includes a significant number of common diseases as well as some rare diseases; however, it should not be considered complete. The variation in the spectrum of diseases between different countries and a number of alternative treatment protocols cannot be covered by the guidelines. It is therefore crucial that the software be used only as reference material, similar to a textbook or a journal article, and that the software not be given undue weight in diagnostic decicion-making. The software should never replace informed medical judgement and diagnosis by a competent licensed physician. The responsibility for all decisions rests solely with the licensee. Furthermore, Duodecim Medical Publications Ltd has no control over the conditions under which the licensee uses the software, and Duodecim Medical Publications Ltd therefore does not and cannot warrant any performance or results.

Privacy Statement

Duodecim Medical Publications Ltd. respects your privacy. Our policy is to keep all personal information we receive completely confidential and use it solely for internal purposes.The collected data is used only to improve the quality of EBM Guidelines for the benefit of our users. Duodecim Medical Publications Ltd. is not responsible for the content or the privacy policies of Web sites to which it may link.

Medbase Databases Subscription and License Terms

Definitions

In these Subscription and License Terms, the term “Licensee” refers to: (i) an individual purchasing an Medbase Databases subscription, either on his or her own behalf or as agent for a corporation or other entity or organization; or (ii) an individual consenting to this Agreement as a condition of using Medbase Databases through a subscription purchased by a hospital, medical school, library or other institution (“Institution”), where the individual is employed by or affiliated with the Institution.

License

Medbase Ltd. in consideration of payment of the applicable subscription fee grants Licensee a non-exclusive, non-transferable license and right to use and access the Medbase Databases database and software (the “Licensed Materials”) in accordance with the applicable subscription terms.

Individual subscription

An individual subscription permits one individual to access and use the Licensed Materials by using his or her unique user name and password to access the Licensed Materials from any location via the Internet.

Institutional subscription

An Institutional Subscription permits individuals who are employed by or affiliated with the relevant institution to access and use the Licensed Materials at any Internet-connected computer validated for such use by Medbase Ltd., but only for the clinical, educational or research purposes of the Institution.

Ownership

The Licensed Materials, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of Medbase Ltd. or its suppliers.

Permitted uses

Licensee may print out individual articles containing only insubstantial portions of the most current version of the Licensed Materials, but only for 1) Licensee’s personal clinical, educational or research use; 2) teaching healthcare professionals; or 3) consulting with individual colleagues, provided that any printed articles include a source reference to Medbase Databases and its copyright notice. Licensee is not permitted to print substantial portions of the Licensed Materials.

Prohibited uses

Except as expressly permitted by these Terms, any copying, distribution or modification of the Licensed Materials is strictly prohibited. No part of the Licensed Materials may be copied for resale or other commercial use. No part of the Licensed Materials may be reverse engineered or included in other software. Medbase Ltd. reserves the right in its sole discretion to change and or cancel an individual’s username and password or to disable an IP address without notice in the event of multiple concurrent logins, excessive search quantities or excessive download traffic volumes. Medbase Ltd. reserves the right in its sole discretion to terminate the license to use the Licensed Materials if the user fails to comply with any term or condition in these terms.

Subscription term

Licensee has obtained the right to use and access the Licensed Materials for a specific limited period of time, i.e., the subscription period for which Licensee has agreed to pay subscription fees. At the end of this period, the license and associated rights, such as technical support, will expire automatically, unless Licensee has renewed the subscription on Medbase Databases’ then-current terms.

Restriction against transfer

Licensee may not sublicense, assign, share, sell, rent, lease, or otherwise transfer the right to use the Licensed Materials.

Liability and Risk

The program has been tested and the documentation reviewed by Medbase Ltd. The company, however, makes no warranty or representation, either express or implied with respect to the program or the documentation, its quality, performance or fitness for a particular purpose. Medbase Ltd does not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error free. Possible program defects will be corrected when a new version of the program is released. As a result the program and the documentation are licenced “as is”, and the licencee is assuming the risk as to its quality and performance. The licensee acknowledges that the product is intended as a reference source for medical professionals. The information contained in the software includes a significant number of common diseases as well as some rare diseases; however, it should not be considered complete. The variation in the spectrum of diseases between different countries and a number of alternative treatment protocols cannot be covered by the guidelines. It is therefore crucial that the software be used only as reference material, similar to a textbook or a journal article, and that the software not be given undue weight in diagnostic decicion-making. The software should never replace informed medical judgement and diagnosis by a competent licensed physician. The responsibility for all decisions rests solely with the licensee. Furthermore, Medbase Ltd has no control over the conditions under which the licensee uses the software, and Medbase Ltd Ltd therefore does not and cannot warrant any performance or results.

Privacy Statement 

Medbase Ltd. respects your privacy. Our policy is to keep all personal information we receive completely confidential and use it solely for internal purposes.The collected data is used only to improve the quality of Medbase Databases for the benefit of our users. Medbase Ltd. is not responsible for the content or the privacy policies of Web sites to which it may link.