End-User License Agreement (EULA) Zfx Manager 2.0

Zfx Manager 2.0

End-User License Agreement (EULA)

This End-User License Agreement (“EULA”) is a legal agreement between you and Zfx GmbH.

This EULA agreement governs your acquisition and use of our Zfx Manager 2.0 service (“Software”) directly from Zfx GmbH or indirectly through a Zfx GmbH authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before using the Zfx Manager 2.0 software. It provides a license to use the Zfx Manager 2.0 service and contains warranty information and liability disclaimers.

If you register for a beta version of the Zfx Manager 2.0 software, this EULA agreement will also govern that beta version. By clicking “accept” and using the Zfx Manager 2.0 software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Zfx GmbH herewith regardless of whether other software is referred to or described herein. The terms also apply to any Zfx GmbH updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Description of the Service

The Zfx Manager 2.0 service enables you to exchange CAD (Computer Aided Design) files and related data (e.g. tool paths for production purposes) with one or more recipients.

The Zfx Manager 2.0 service is not designed for medical emergencies, and not for the transfer of medical information. Do not use this service for adverse event reporting. If you are a dentist/physician, follow the regulations required by your country’s regulations.

The Zfx Manager 2.0 service should not be used to transfer confidential healthcare information. Patient-related data, such as patient names or related info, shall not be transferred through the Zfx Manager 2.0 service.

Terms of Use

The Service provided by Zfx GmbH may be used only in accordance with the following provisions. By using our Services, you agree to these conditions.

You are required to sign up for an account before commencing use of the service. When creating an account, you are responsible for the use as well as misuse of the service through this account. If You use this account in an inappropriate manner, Zfx GmbH reserves the right to terminate the account with immediate effect. Inappropriate use includes but is not limited to the following:

Making duplicate copies of the content of the service across several accounts;
Attempting to gain access to accounts of other users;
Attempting to infiltrate the service by any means, including viruses, malicious codes, scripts etc.;
Inflicting a large load on the infrastructure;
Committing an Illegal act with the service;
Signing up for many accounts to carry out inappropriate use; and/or
Interfering with the proper workings of the service.
You are solely responsible for the truth and accuracy of your personal profile entered to your account and for keeping your passwords confidential. If you become aware of any unauthorized use of your password, you are responsible for changing your password.

It is expressly prohibited to upload or to make available in any other manner any content

which violates applicable criminal laws
which infringe upon the copyright, trademark, patent, competitive, or intellectual property rights.
contains viruses, Trojan horses, worms other malicious software which may damage, render useless, delete an automated work or data, or which may otherwise harm the computer systems of Zfx GmbH or any other users.

The users of the service

shall comply with all applicable laws, particularly legislation intended to protect minors and statutory provisions designed to protect intellectual property and personal rights in general. The use of copyrighted works without the express permission of the copyright holder or the holder of the usage rights is prohibited.
may not infringe upon the copyright, trademark, patent, competitive, or intellectual property rights
may not use the service to incite or participate in criminal acts. Likewise, instructions for the committing of criminal acts may not be expressed or published in any form or manner.
may not disseminate content which is harassing, defamatory, obscene, racist, glorifying of violence, discriminatory, pornographic or threatening.
may not use the services for purposes of commercial advertising.
may not use the service to engage in hacking or the spread of viruses. The services offered may not be modified in any way. Any interference or attempt to interfere in Zfx GmbH system is expressly prohibited and will result in civil and criminal penalties.
may not abuse the system resources. They must refrain from anything that uses an inordinate amount of storage capacity or which could negatively impact transfer speeds or any other aspect of the services offered.
may use the Zfx Manager 2.0 service only as permitted by this Terms of Use and any applicable laws. Don’t misuse our service. For example, don’t interfere with our service or try to access it by using a method other than the web interface, or an Zfx GmbH-supplied software.

Collection of Information

Zfx GmbH will collect Your Personal Data that You provide when You sign up for an account through the Service. Zfx GmbH will be unable to facilitate the collection of Your Personal Data if the registration process is not completed in full. The types of Personal Data that will be collected include:

name
email address
an avatar or picture

Use of information

While using the service, Zfx GmbH may collect Personal Data that can be used to contact or identify You. Personal Data is or may be used:

to provide and improve the service
to administer Your use of the service
to communicate with You in matters relating to Your use of the app and to better understand Your needs and interests
to personalize and improve Your experience and
to provide or offer application updates and product announcements.

Zfx GmbH will not distribute Your Personal Data to external parties, unless you exchange contact data with another user of the service or Your prior consent is obtained.

However, Zfx GmbH may use trusted third-party companies and individuals to provide improvements to the service. Some of these services include, but not limited to general maintenance service and management of the database. These external parties may be given access to Your Personal Data for the sole purpose of performing these tasks on the behalf of Zfx GmbH.

However, Zfx GmbH may disclose Your information when Zfx GmbH has a good faith belief to avert a serious threat to health or safety and/or as required by law.

Zfx GmbH is permitted by You to utilize the service data to carry out internal research.

Data retention

Zfx GmbH will retain Your Personal Data for the period that Your account is active or as needed to provide You services. Once Your account is terminated, Zfx GmbH shall cease to retain Your Personal Data, or remove how the Personal Data can be associated with You, as soon as it is reasonable to assume that:

the purpose for which Your Personal Data was collected is no longer being served by the retention of Your Personal Data or
retention is no longer essential for business or legal purposes.

Security

The security of Your Personal Data and Personal Profile is of utmost importance to Zfx GmbH. When information is entered during the registration of a new account or on uploading project data, Zfx GmbH will ensure that the said transmission is encrypted. Zfx GmbH utilizes the standard Secure Socket Layer (SSL) encryption technology to protect the security of Your Personal Data and Personal Profile.

Zfx GmbH abides by generally accepted industry standards to guard Your Personal Data and Personal Profile submitted to Zfx GmbH, both when the information is in transmission and once it is received by Zfx GmbH. However, while Zfx GmbH strives to keep Your Personal Information and Personal Profile protected, Zfx GmbH is unable to assure You that it is absolutely secure as no method of electronic submission or storage can be 100% secure.

You can choose to increase the security of the Personal Data saved with Zfx Manager 2.0 by choosing a password that contains a combination of letters and numbers as well as picking one that is easy for You to remember, but difficult for others to guess. In addition, you have the sole responsibility of sustaining the confidentiality of Your account by logging out when You are finished with Your session. You agree to accept responsibility for all activities that occur throughout Your account.

You are the only person with the ability to edit Your Personal Profile. If You choose to, you can share this information with other parties.

Zfx GmbH will embark on reasonable procedures to ensure the integrity of data on the servers, but Zfx GmbH will not take responsibility for any loss of data because of unforeseen circumstances. Zfx GmbH will not take responsibility for such compromised access to data (which includes poor network coverage, local device failure etc.).

Zfx GmbH will undertake reasonable procedures to ensure the integrity of data on the servers, but Zfx GmbH is not responsible for any data loss due to unforeseen circumstances. As such, Zfx GmbH is not accountable for compromised access to data (due to factors such as, including but not limited to, poor network coverage or local device failure).

Zfx GmbH stores all data within a world-class environment trusted by organizations to store data. The environment utilizes state-of-the art network security, electronic surveillance, physical security and multi-factor access control systems along to protect client data. The data centers are staffed 24×7 by trained security teams and located in Europe.

Examination of Content

Although Zfx GmbH may from time to time monitor or review files uploaded to Zfx Manager 2.0, Zfx GmbH is under no obligation to do so, and assumes no responsibility or liability arising from the content of any such files.

Deletion of Content

Zfx GmbH does not tolerate illegal content and expressly states that all files with illegal content will be deleted immediately after that fact becomes known to Zfx GmbH. Reports of illegal content (abuse reports) should be sent to support@zfx-dental.com. The reports should also contain information about the specifics of the file concerned. Further claims, especially claims for damages and other redress against Zfx GmbH, are excluded.

If you want to delete your profile and project data, please also inform us at support@zfx-dental.com.

Beta Testing

The Zfx Manager 2.0 service is not yet a service for production usage, it is currently to be used for testing purposes only. “Testing purposes” is defined to mean only use of the service subject to the following conditions:

The service will be used for the express and sole purpose of evaluation toward determination of suitability for usage of an upcoming production release of the service
In the absence of explicit permission from Zfx GmbH, performance results obtained using the service will not be published or presented in a public forum.

Disclaimer of warranties

You expressly understand and agree that:

Your use of the Zfx Manager 2.0 service is at your sole risk. You guarantee to Zfx GmbH that you are entitled to make use of the service and that you will act in accordance with these Terms of Use. You are responsible for the activities performed via the Zfx Manager 2.0 service, including the content that is transferred by means of the service. Zfx GmbH accepts no responsibility or liability for your use of the service.
Your use of Zfx GmbH services is at your sole risk. The Zfx Manager 2.0 service is provided on an “as in” and “as available” basis. To the maximum content permitted by law Zfx GmbH expressly disclaim all warranties and conditions of any kind.
Zfx GmbH does not warrant that the Zfx Manager 2.0 service will meet your requirements, the Zfx Manager 2.0 service will be uninterrupted, timely, secure, or error-free, the result that may be obtained from the use of Zfx GmbH services will be accurate or reliable, the quality of any services, products, information will meet your expectations, and any errors in the software will be corrected.
Any material downloaded using Zfx GmbH services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
no advice or information, whether oral or written obtained by you from Zfx GmbH shall create any warranty not expressly stated in the terms.

Zfx GmbH distances itself from all content uploaded and downloaded via its service. The users themselves are solely responsible for the files they upload and download through the service. Zfx GmbH does not assume any liability for the content. The content is the sole responsibility of those users who upload or download the files. Zfx GmbH assumes no liability for quality of the content available on its service, or that it is accurate, or up to date, nor for consequential damages caused by content.

Zfx GmbH assumes liability for direct or indirect links or references to external web sites / images for which Zfx GmbH is not responsible. Zfx GmbH explicitly distances itself from all content in sites previously linked and those to be linked in the future. This also applies to subsequent changes in content of the linked pages.

Limitation of liability

You expressly understand and agree that Zfx GmbH shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: the use or inability to use Zfx GmbH services, unauthorized access to or alternation of any third party on Zfx GmbH services or any other mater relating to Zfx GmbH services. The only action that you can take – if you think that you have suffered damage – is to discontinue the use of the Service.

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

Accessibility of the Service

The user has no right that the Service can be accessed at any time and without any interruptions or failures. Unrestricted access to the service is not guaranteed. Zfx GmbH is not liable for damages if the service cannot be used or accessed temporarily or permanently or if uploaded files are lost or damaged.

Zfx GmbH is entitled to put the Site (temporarily) out of Service and/or to reduce the use of it without any prior notification. Zfx GmbH is entitled to suspend and/or terminate your use of Service and to delete Content if Zfx GmbH deems this necessary, for instance, if you violate these terms of use.

Exclusion from the Service

The Zfx Manager 2.0 service is made available to users of the full version of the Zfx GmbH Dental CAD software, who are entitled to the delivery of Zfx GmbH Dental CAD software updates through their reseller.

Zfx GmbH reserves the right at any time and without notice, to suspend the service for users by blocking access and/or deleting the user’s account if

they use the service on a repeated basis to make content under copyright protection available to the public
it is demonstrated that they have violated the terms of use or other obligations as set forth in these terms and conditions
their use of the service could pose a threat to the liability of third parties or Zfx GmbH
the service or the access provided is misused, especially by allowing several users to share one account. Each account is made available solely for personal use and may not be shared with other users and or used from different IP addresses
there are doubts about the authenticity of the content or information provided
there are other important reasons that make this action necessary. If a user is blocked from the service, the user is not entitled to payments or a reimbursement of software update fees, service contract fees, or other. This also applies to payment requests already submitted.
the user is no longer entitled to updates of the Zfx Dental CAD software, e.g. because the update agreement between Zfx GmbH and its customer for the user’s software license expired

Copyright

All Content uploaded to the Zfx Manager 2.0 is copyright the respective owners. The owners retain full rights to distribute their own work.

Anything you transmit may be used by Zfx GmbH or its affiliates for any purpose, including, but not limited to, reproduction and transmission, to the extent allowed by law. Zfx GmbH is free to use any data you upload to the Zfx Manager 2.0 for any purpose whatsoever including, but not limited to, research, development, testing, manufacturing and marketing of products using such information. By uploading content to the Zfx GmbH Share, you hereby grant Zfx GmbH a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to the content.

Changes in the Service and Terms

You accept that the service only includes the functionality and other characteristics as found in the service at the time of use. The use of the service is at your own risk. You guarantee to Zfx GmbH that you are entitled to make use of the service and that you will act in accordance with these Terms of Use. You are responsible for the activities performed via the service, including the content that is transferred by means of the Service. Zfx GmbH accepts no responsibility or liability for your use of the Service.

You may use our Service only as permitted by this Terms of Use and any applicable laws. Don’t misuse our Service. For example, don’t interfere with our Service or try to access it using a method other than the interface and the instructions that we provide. We may discontinue the use of our Service, in case you interfere with the Terms of Use, or we suspect abuse or inappropriate content.

If new and innovative ideas for business or functionality are sent to Zfx GmbH, Zfx GmbH is permitted to utilize them without paying You further compensation.

We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.

We may modify the Terms of Use at any time. Each revision will be posted on the Zfx GmbH website, www.Zfx-GmbH.com. If you don’t agree to any modified terms of Use, you’ll have to stop using the service. By continuing to use the service you agree to be bound by the amended or supplemented terms.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Zfx GmbH.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Applicable Law and Severability

For all legal relationships between Zfx GmbH, users, and third parties, the law of the Republic of Germany applies. This choice applies to consumers only insofar as the protection provided is not withdrawn by mandatory provisions of the laws of the country where the user is domiciled.

Should one or more provisions of these Terms and Conditions or any provision contained in any other contractual agreements be or become invalid, the validity of the remaining provisions or agreements shall not be affected. The fully or partially invalid provision or agreement is to be replaced by a provision that fulfills the business purpose of the invalid provision.

Last changed: June 2020