Last Updated: Oct 9, 2024
ClearAdvance LLC – Titan Dental Design Software
CAUTION: READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
This End User License Agreement and Terms of Service (the "Agreement" or "EULA") is a binding legal contract between ClearAdvance LLC ("Licensor," "ClearAdvance," "we," "us," or "our") and you, the individual end user ("Licensee," "you," or "your"), governing your use of ClearAdvance's Titan Dental Design software, related updates, services, and websites.
By installing, accessing, or otherwise using the software or services, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree, you must not install, access, or use the software, and must immediately delete and destroy any copies in your possession.
1. DEFINITIONS
1.1 "Software" means the Titan Dental Design application and related components provided by ClearAdvance for download or installation, including updates, supplements, and additional services.
1.2 "Media Elements" means photographs, clip-art, templates, forms, animations, sounds, music, advertisements, product promotions, and video clips included in or distributed with the Software.
1.3 "Service" means the Software, ClearAdvance websites (including www.titandentaldesign.com), and any other online properties owned or operated by ClearAdvance.
2. LICENSE GRANT AND RESTRICTIONS
2.1 License Grant. ClearAdvance grants Licensee a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software, strictly in accordance with this Agreement.
2.2 Restrictions. Licensee may not:
- Transfer, sublicense, rent, lease, lend, or export the Software.
- Copy, modify, reverse engineer, decompile, or disassemble the Software.
- Circumvent technological measures designed to prevent unauthorized use.
- Use the Software in ways that cause business or financial damage to ClearAdvance.
3. ACCEPTANCE AND ACCESSION
Installation, copying, or use of the Software constitutes Licensee's acceptance of this Agreement. If Licensee does not accept, the Software must not be installed or used.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The Software, Media Elements, documentation, trademarks, logos, and all related intellectual property remain the sole property of ClearAdvance.
4.2 Licensee acknowledges no ownership rights and only the limited license granted herein.
5. SUPERVISION AND INSTRUCTIONS
5.1 Professional Use. The Software may only be used by licensed practitioners.
5.2 Instruction Manual. Licensee must carefully review the instructional manual before use.
6. DATA COLLECTION AND PRIVACY
6.1 Licensee agrees ClearAdvance may collect and use information generated during use of the Software for business purposes, including improving products, customizing services, and marketing.
6.2 ClearAdvance will not identify Licensee personally in the course of such use.
7. THIRD-PARTY LINKS AND SERVICES
The Software may provide links or access to third-party websites or services. ClearAdvance is not responsible for the content, updates, accuracy, or practices of such third parties. Inclusion of links does not constitute endorsement.
8. UPDATES AND ADDITIONAL SERVICES
8.1 Updates, upgrades, or supplemental services may be provided by ClearAdvance and are subject to this Agreement unless accompanied by separate terms.
8.2 Licensees are responsible for ensuring contact information (e.g., email) remains current to receive update notices.
9. LICENSE MANAGEMENT
9.1 Refusal of License. ClearAdvance may deny or revoke a license at its sole discretion.
9.2 Termination. ClearAdvance may terminate this Agreement immediately if Licensee breaches any provision. Upon termination, Licensee must cease use and destroy all copies.
10. LIMITATIONS OF LIABILITY AND DISCLAIMERS
10.1 No Warranties. The Software is provided "AS IS" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
10.2 Limitation of Liability. To the maximum extent permitted by law, ClearAdvance shall not be liable for any damages (including loss of profits, business, data, equipment, or consequential damages) arising from use or inability to use the Software.
10.3 These limitations apply even if the Software fails to fulfill its intended purpose.
11. LICENSEE RESPONSIBILITIES
11.1 Clinical Responsibility. The clinician is solely responsible for treatment outcomes, products, or services created using the Software. ClearAdvance assumes no responsibility for patient care decisions or results.
11.2 Account Security. Licensee is responsible for safeguarding account credentials and all activity under the account. ClearAdvance is not liable for unauthorized account use.
11.3 Accuracy of Information. Licensee must provide and maintain true, accurate, and current information.
12. BILLING AUTHORIZATION
By providing payment details, Licensee authorizes ClearAdvance (or its payment processors) to charge applicable fees and taxes, and to store payment information for billing purposes.
13. GENERAL PROVISIONS
13.1 Severability. If any provision is unenforceable, the remaining provisions remain valid.
13.2 Integration. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications or representations.
13.3 Governing Law and Jurisdiction. This Agreement is governed by the laws of the State of Delaware, USA. All disputes shall be resolved exclusively in state or federal courts located in Delaware, and Licensee consents to such jurisdiction.
13.4 Jurisdictional Restrictions. Access to the Service from outside the United States is at the user's own risk and may be prohibited where unlawful.
13.5 Modification of Terms. ClearAdvance may revise this Agreement at any time. Continued use of the Software after such changes constitutes acceptance.
14. ACKNOWLEDGEMENT
By installing or using the Software, Licensee acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.