PreViser™ End-User License Agreement

Software License Agreement

Do not use the software until you have carefully read the following Agreement.

This Agreement sets forth the terms and conditions for licensing of the Software (as defined below) from Oral Health Innovations Limited (Reg. No. 6033739) whose registered address is Birmingham Research Park, Vincent Drive, Birmingham B15 2SQ) to you, and installing and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you download the Software and do not agree with this Agreement, promptly Uninstall the Software from your computer.

Software is defined as the computer program developed by PreViser Corporation (distributed under licence by Oral Health Innovations Limited) with which this Software License Agreement is included and any updates or maintenance releases thereto. The use by You of any services or content accessible through the Software may be subject to your acceptance of separate agreements with PreViser Corporation, Oral Health Innovations Limited or third parties.

This Agreement applies to the software whether it is operated in the: (i) demonstration or (ii) clinical mode and other branded or customized versions unless otherwise agreed.

License and Certain Restrictions

Demonstration mode:

If you are operating the software in Demonstration mode, you are granted a limited non-exclusive license to use the Software for the purposes of inspecting the ‘look and feel’ of the Software, or for the purpose of training other users in how to use the Software. You may not copy electronically or in print form the Software or any of the information contained in the Software under any circumstances. BY YOUR USE OF THE DEMONSTRATION MODE OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT ALL INFORMATION REGARDING CLINCAL INFORMATION, RISK ASSESSMENT INFORMATION, OR RECOMMENDED TREATMENT OPTIONS CALCULATED BY THE SOFTWARE WILL NOT BE ACCURATE OR APPROPRIATE FOR ANY LIVING PATIENT, BUT RATHER ARE PRESENTED ONLY TO FAMILIARISE YOU AND/OR OTHER USERS OF THE SOFTWARE OF BASIC FUNCTIONALITY, AND NO CLINICAL VALUE BEYOND THAT LIMITED EDUCATIONAL SCOPE.

General

Making additional copies of the Software, or enabling others to use your User Account and Password, if any, is strictly prohibited. It is also prohibited to give copies to a person who does not have the appropriate License for the Software from Oral Health Innovations Limited, to install the Software on computers used by individuals who lack such Licences; or to duplicate the Software by any other means including electronic transmission. The Software in its entirety is protected by the copyright laws. The Software also contains trade secrets which are the property of PreViser Corporation and Oral Health Innovations Limited, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form, disable any functionality which limits the use of the Software, or disclose confidential interfaces to the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell for profit, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof.

Termination

This Agreement may be terminated by Oral Health Innovations Limited immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately Uninstall from all computers in your possession or control all complete and partial copies of the Software, including all backup copies.

Change of Licence Terms

From time to time, Oral Health Innovations Ltd may change the terms and conditions of this Agreement. Oral Health Innovations Limited will notify you of any such change. For the latest version of this Agreement, go to www.previser.co.uk, or such other site designated by Oral Health Innovations Limited. Your continued use of this Software will indicate your agreement to the change.

Purpose of the Software

By using the Clinical mode of the Software, you acknowledge by such use that you understand and accept that all calculations of disease risk or severity, and all treatment option recommendations made by the Software are made purely as a supplement to your best clinical judgment, and are not intended to replace, supplant or influence your best clinical judgment except to the extent that you deem at your sole discretion to allow such influence to affect your treatment planning decisions.

DISCLAIMER OF LIABILTY

EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORAL HEALTH INNOVATIONS LIMITED AND PREVISER CORPORATION DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, THEIR CLINICIAL VALIDITY OR THEIR NONINFRINGEMENT. ORAL HEALTH INNOVATIONS LIMITED AND PREVISER CORPORATION DO NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DO ORAL HEALTH INNOVATIONS LIMITED AND PREVISER CORPORATION WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE DEMONSTRATION MODE OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE DEMONSTRATION MODE OF THE SOFTWARE. IN THE EVENT THAT THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED UNDER ENGLISH LAW, ANY IMPLIED ARRANTIES ARE LIMITED (WHERE LIMITATION IS PERMITTED) IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF THE FIRST USE OF THE SOFTWARE.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. UNDER ENGLISH LAW THIS WARRANTY DOES NOT AFFECT OR DETRACT FROM ANY STATUTORY LEGAL RIGHT YOU MAY HAVE IF YOU ARE A CONSUMER ACQUIRING THE PACKAGE OTHERWISE THAN IN THE COURSE OF A BUSINESS.

LIMITATION OF LIABILITY AND DAMAGES

ORAL HEALTH INNOVATIONS LIMITED DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF ORAL HEALTH INNOVATIONS LIMITED, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVE. SAVE AS MENTIONED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF ORAL HEALTH INNOVATIONS LIMITED AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY USE OF THE SOFTWARE FOR A PERIOD OF 60 DAYS PRECEEDING ANY CLAIM UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORAL HEALTH INNOVATIONS LIMITED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, MEDICAL LIABILITY OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ORAL HEALTH INNOVATIONS LIMITED OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General Provisions

This Agreement sets forth Oral Health Innovation Limited’s and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Oral Health Innovation Limited with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.

This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and Oral Health Innovations Limited or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to Oral Health Innovations Limited and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by Oral Health Innovations Limited between you and Oral Health Innovations Limited or the applicable Representative(s).

This Agreement does not limit any rights that Oral Health Innovations Limited may have under trade secret, copyright, patent, or other laws. The Representatives of Oral Health Innovations Limited are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Oral Health Innovations Limited, other than in writing signed by a director of Oral Health Innovations Limited. Accordingly, such additional statements are not binding on Oral Health Innovations Limited and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

Save for PreViser Corporation, a person who is not party to this Agreement has no right to benefit under or to enforce any term of this agreement.

The validity and performance of this Agreement shall be governed by and construed according to English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Consumer and Patient Information and Privacy

For details about Oral Health Innovations Limited's privacy policies, please refer to the Oral Health Innovations Limited Privacy Statement contained either in the Software or on a website designated by Oral Health Innovations Limited.

By using the Software, you acknowledge that you are solely responsible for compliance with the provisions of the Data Protection Act 1998, and Oral Health Innovations Limited warrants that it is in full compliance with those provisions of the Act that pertain to the patient or clinical information collected by the Software resident on the servers of Oral Health Innovations Limited and PreViser Corporation.

YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE SERVICE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE. ORAL HEALTH INNOVATIONS LIMITED AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Your use of the Service indicates that you have read this Agreement and agree to its terms.

This Service is designed to provide information with the understanding that Oral Health Innovations Limited is not engaged in rendering definitive medical or clinical advice.

Payment for the use of Software

By Using the Software, you agree to pay that sum established by Oral Health Innovations Limited for such use, and acknowledge that non-payment of such fees may, at its sole discretion, result in a termination by Oral Health Innovations Limited of your use of the Software. Oral Health Innovations Limited reserves the right to change or modify the fees it charges for the use of the Software and agrees to advise you of such changes a minimum of 90 days to the effective date of such changes.