mbits imaging GmbH<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t GTC - Version 07\/2024<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t The contract is concluded in text form. The Provider's offers are non-binding. Customer orders are binding for 7 working days and can be accepted within this period.<\/p><\/li> The Provider may deliver the software either on a data carrier or make it available for download on its homepage, an app store, or another agreed medium. The Customer will be provided with the access information required for using the software (in particular, license keys or login data).<\/p><\/li><\/ol><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t The Provider is obliged to maintain the contractually agreed condition of the software during the contract term (\"Maintenance\"). The contractually owed condition of the software is determined according to the respective software description and the agreements made. To fulfil their maintenance obligation, the Provider will perform the necessary maintenance and repair measures according to the state of the art.<\/p><\/li> The Provider is only obliged to change or adapt the software if such change or adaptation is necessary for the maintenance of the software according to the state of the art. The Provider is only obliged to change, adapt, and further develop the software if the parties separately agree. Without such a separate agreement, the Provider is in particular not obliged to further develop the software.<\/p><\/li><\/ol><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t Upon full payment of the fee and all due payment claims, the Provider grants the Customer the non-exclusive, non-transferable, and non-sublicensable right, limited to the contract term and geographically to the Federal Republic of Germany or the agreed country and the agreed number of licenses and locations, to use the software to the agreed extent. Contractual use of the software includes downloading, installing, loading into memory, displaying, and executing the provided software.<\/p><\/li> The Customer is entitled to reproduce or download the delivered software multiple times if required for contractual use. The loading of the software into memory in particular is considered a necessary reproduction for contractual use. The Customer may make one backup copy (\"backup copy\") and mark it as such, provided that the software cannot be downloaded again, and this fulfils the backup purpose.<\/p><\/li> The Customer is not entitled to further reproduce the software beyond what is necessary for contractual use, unless legally permitted otherwise.<\/p><\/li> The Customer is not entitled to sell the software, including the backup copy, and documentation, or to otherwise transfer it to third parties (especially through renting or lending). An exception to the prohibition on resale and transfer to third parties is the transfer of the software to third parties who are not granted independent usage rights and are subject to the Customer's instructions regarding the use of the software.<\/p><\/li> The Customer is not entitled to modify or edit the software unless the modification or editing is necessary to correct a defect for contractual use, with which the Provider is in default. This applies for the duration of the default.<\/p><\/li> The Customer acquires the same rights to modified, extended, or newly created software as to the agreed standard software and the corresponding functionality. The Provider may charge a reasonable fee for extensions, to be agreed separately, or limit or exclude the use of extensions. The GTC sections on amendments apply accordingly. If changes replace the new software, the rights to the previous software expire when the new items are usable.<\/p><\/li> Regarding the specific functionality for the appropriate use of personal licenses for the medical department license, the agreed conditions apply. Unless otherwise agreed, the following applies:<\/p> The amount of the remuneration is determined by the respective agreement. Prices are generally subject to the applicable VAT.<\/p><\/li> Payments are due in advance upon the provision of the software. If the Customer breaches the duty to cooperate in setting up the software and this results in a delay in the setup of the software, payment is due one month after the order is placed, but no earlier than the agreed date for the provision of the software. The aforementioned one-month period is extended if the delayed setup of the software is caused by the provider.<\/p><\/li> Unless otherwise agreed, an annual payment interval applies for the provision of software. If a monthly payment interval is agreed, the rent is due on the first of each month. If the software is provided for a period shorter than a full calendar month, the remuneration is reduced proportionately.<\/p><\/li> The provider is liable without limitation:<\/p> \u2022 for fraud, intent, or gross negligence;<\/p> \u2022\u00a0under an expressly assumed guarantee;<\/p> \u2022 for damages arising from injury to life, body, or health;<\/p> \u2022 for the violation of a material contractual obligation, the fulfilment of which enables the proper execution of this contract in the first place and on the compliance with which the Customer regularly relies and may rely (\"cardinal obligation\"), but limited to the damage that was reasonably foreseeable at the time of conclusion of the contract;<\/p> \u2022 according to the provisions of the Product Liability Act.<\/p><\/li> Otherwise, the provider\u2019s liability is excluded. In particular, the provider is not liable for defects already present at the time of the conclusion of the contract, unless a case under \u00a7 9 paragraph 1 applies.<\/p><\/li> The above liability rules apply accordingly to the behaviour of and claims against the provider's employees, legal representatives, and vicarious agents.<\/p><\/li> It is explicitly noted that the aforementioned liability limitations do not entail a reversal of the burden of proof.<\/p><\/li><\/ol><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\tTable of Contents\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\u00a7 1 Subject, Scope <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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<\/li>\u00a7 2 Conclusion of Contract, Software Delivery<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\u00a7 3 Installation, Cooperation, Consequences of Failure to Cooperate<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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<\/li>\u00a7 4 Maintenance<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\u00a7 5 Grant of Rights & Number of Licenses, Examination<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
A medical department is a specialised unit within a hospital or medical facility focusing on treating specific diseases or conditions (e.g., urology, surgery). These departments are usually organised by specialty and managed and supervised by medical directors or physicians with the relevant expertise.
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<\/li>\u00a7 6 Remuneration, Due Date<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
<\/li>\u00a7 7 Duty of Care<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
<\/li>\u00a7 8 Warranty<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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<\/li>\u00a7 9 Liability; Indemnification<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t