Gynzone

The Licensee hereby purchases a licence for GynZone’s e-learning system about Perineal Repair.

The e-learning system is distributed on the homepage www.gynzone.net.

1. AIM OF THE AGREEMENT

1. This Licencing Agreement applies in regard to all matters concerning the use of GynZones e-learning system on ‘Perineal Repair” as described on the homepage (henceforth referred to as ‘the Product’) via online access to servers on which GynZones software is installed.

2. LICENSING RIGHTS

1. GynZone holds the copyright and all other rights to software and services as well as user-interfaces, photographs, sound, animation, text and other media that are incorporated or used in the Product.
2. The Licensee is granted a limited, non-transferable right of use of the Product.
3. The Licensee must only use the Product as educational material and may not reproduce copy, transfer or in any other way exploit the Product for commercial purposes unless permission is granted by GynZone.
4. The licence granted is personal and cannot be shared with others.
5. The Licensee undertakes not to sell, hire, loan, allow use of or in any way transfer or deliver the licensing right to a third party.

3. AIM OF GYNZONES SERVICE

1. GynZone endeavours to maintain an up-time of 100% for online access. This is ensured by using stable servers with a 24 hour service and daily back-up.
2. GynZone optimises the educational material continuously to keep up to date with the latest professional knowledge. New versions and updates of the educational material are freely available for the Licensee within the licence period.
3. GynZone is not responsible for the failure of or failure of access to the home page. Nor are they responsible for the failure of electricity, internet-connection, malicious damage to the system (physical as well as a computer virus or hacking), misuse of personal information or other conditions or circumstances which are out of GynZones control.

4. DELIVERY OF SERVICE AND FEE

1. All prices are shown in the currency of the Licensee’s home country and are inclusive VAT and local taxes.
2. The delivery of the licence is regarded as complete and accepted by the Licensee when GynZone has sent the login information to the Licensee. The Licensee thereby accepts that the Licensee’s right of cancellation, pursuant to the consumer protection act, no longer apply, see paragraph 12.1 below.
3. Fees for other services or products other than access to the online course module, such as identifying and fixing errors which the Licensee is responsible for, are invoiced on the basis of GynZones list prices.

5. DEFAULT NOTICE AND DEFECTS

1. If a defect is found the Licensee must make a written default notice containing details of the fault in question and a description of the faults consequence regarding use by the Licensee.
2. The Licensee must, within a reasonable amount of time, make a default notice if a file is damaged or not functioning. The right to complain about a damaged file is limited to possible original defects.
3. GynZones responsibility for faults and defects is always and in every situation limited to (according to GynZones choice) undertaking replacement, solutions or by imparting a proportional discount to the Licensee. The Licensee can thus, not claim compensation of any kind. This includes compensation for operating loss, consequential loss or other indirect loss.

6. IMMATERIAL RIGHTS

1. GynZone holds the copyright and all other immaterial rights to the Product.
2. The Licensee is not authorised to break or change any security codes and source codes. The Licensee is not authorised to change or remove information in the software regarding copyright conditions, trademarks or the like and is also not authorised to wholly or partially copy the Product.
3. Information and data delivered by GynZone in connection with these services are the property of GynZone. The Licensee is not authorised to reproduce or copy such information unless it is necessary for the Licensees use of the service.

7. LIABILITY AND LIMITATION OF LIABILITY

1. Online access to the course module is delivered by GynZone with the functions and content that appear in the Product description and the offer submitted.
2. GynZone has tested the service before delivery. It can however not be ruled out that the service (as other software related products) contains lesser errors. All defects will be corrected as quickly as possible and an updated version will then be sent or made accessible online.
3. GynZone cannot, in any circumstance, be made liable for damages of the Product and GynZone does not guarantee, in any instance: - that the Product fulfils the Licensees requirements, expectations and needs and - that the Product is flawless, accessible, correct, precise, safe, is delivered on time or can be used for the stated purpose.
4. GynZone is therefore not liable for direct loss, consequential damages (including operating loss), lost profit and indirect loss which the Licensee or third party sustain due to errors in the Product or caused by use of the Product.
5. The content of the Product cannot substitute medical treatment.
6. The Product is for informational and educational purposes only.

8. PRODUCT LIABILITY

1. GynZone is liable for the Product according to the regulations for the law of product liability which cannot be deviated from by agreement. GynZone disclaim responsibility for damages to the Product on any other basis. Product liability cannot exceed the coverage of GynZones product liability insurance in monetary terms.
2. It is the duty of the Licensee to inform GynZone in writing if, to the Licensees knowledge, damage caused by the delivery has occurred, that a third party claim that a such damage has occurred or if there is a risk that such damage will occur.

9. MARKETING

1. GynZone is entitled, in its own marketing material, to refer to the Licensee and the Product including a possible brief description of the Product procedure.
2. Personal information is stored for a maximum of 5 years after the final transaction with the Licensee. No personal information that is registered is passed on to a third party in any shape or form at any time unless it is demanded by law or otherwise demanded by public authorities.

10. FORCE MAJEURE

1. A party is without liability to the other party subject to force majeure. Force majeure occurrences shall include: war and mobilization, natural disasters, strikes, lockouts, fire, breakdowns in the electricity or telecommunications networks, delayed or incomplete deliveries from subcontractors, damage to production equipment, computer virus, incapacity for work of key personnel, import and export regulatory conditions and other circumstances beyond the affected party’s control.

11. VIOLATION

1. If one of the parties is in material breach of their obligations in accordance with this licence agreement the other party may terminate the agreement.
2. GynZone is always entitled to terminate the agreement without notice if the Licensee uses the service for or as a means of spreading or participating in the spreading of virus, spyware or any other malicious program codes or additional acts which are in conflict with Danish or International law.
3. The Licensee has no claim to a reduction in fee for the intended period, or refund of advance payment, in the event of GynZones termination and/or discontinuation of access to the Product.

12. RIGHT OF CANCELLATION, DURATION AND TERMINATION

1. By ordering this e-learning program the customer accepts that the right of cancellation no longer applies in accordance with the consumer protection acts § 17, see the consumer protection acts § 20 paragraph 3.2. By accepting the terms and conditions of sale, the Licensee acknowledges that they have given their explicit consent to the renunciation of the right of cancellation. The Licensee can therefore not regret their purchase after the order has been made.
2. This agreement is limited to the specific time mentioned in the order confirmation or to the mentioned number of hours granted for use. The agreement expires automatically when the mentioned time runs out or the granted hours of use have been used.
3. Upon termination of the existing licence agreement, the Licensee is obliged to cease use of the Product and according to GynZones wishes return or destroy the materials belonging to GynZone.
4. Changes to these terms and conditions will be published on GynZones homepage.

13. APPLICABLE LAW AND VENUE

1. Any dispute between GynZone and the Licensee must be settled according to Danish law. This does not however apply to the Danish regulations of International Private Law.
2. The dispute must be settled in the district court of Aarhus as the venue. Both parties agree to request that expert assessors are present at the district court if possible.

14. CONFIRMATION OF PURCHASE

1. This Agreement is binding between the parties when the Licensee places an order for a licence electronically on the homepage and this order is accepted by GynZone. GynZone will hereafter mail an order confirmation containing the necessary information for log in on the homepage.