Please read the following End User License Agreement (the “Terms”) before accessing Forsina (“Software”) as they govern your use of Forsina GmbH, and any of its group or related companies, website located at www.Forsina.com and related websites (“Sites”) and the services accessible via the Software the Sites and set out important information regarding your use thereof and your obligations. To make these Terms easier to read, the Software, Sites, services and Content are collectively referred to herein as the “Services.” By downloading, installing or using the Services, you indicate that you understand this Agreement and accept all the Terms contained herein and agree to be bound by such Terms. If you do not accept all the Terms of this Agreement, then you may not use the Services. Forsina may modify the Terms at any time, in its sole discretion: if Forsina does so, Forsina will let you know by either posting the modified Terms on the Sites, on the Software, or through other communications. You are responsible for reviewing and becoming familiar with the Terms whenever they are modified because if you continue to use the Services after Forsina has posted the modified Terms, you are indicating that you agree to be bound by such modified Terms. You may not use the Services anymore if you do not agree to be bound by the modified Terms. This Agreement is void where prohibited by law and the right to access the Software and Services is revoked in such jurisdictions. For the purposes of this Agreement a User is any individual that downloads or uses the Software or Services (“User”).
Accepting the terms and conditions of this Agreement indicates that you acknowledge that Forsina provides you access to the Services for your own personal use. The Services include any service that Forsina provides, in addition to any material displayed or performed through the Services, which include, among others, texts, images of any kind, illustrations, audio, video, and any work of authorship including information or other materials were provided or otherwise made available through the Services (the “Content”).
All your activities under your own account is your responsibility, known or not known by the account owner, you are not allow under any circumstances to use this service in any kind of illegal activity
You certify to Forsina that you are an individual (and not a corporation) and that you are at least 13 years of age and are not barred from using the Services under any applicable law.
Forsina will ensure that the Services it provides you are not interrupted as much as reasonably possible. You agree that Forsina will not be held accountable for any suspension, modification, discontinuance or lack of availability of the Services due to downtime arising from upgrades, system maintenance, or any other unforeseen circumstances. Forsina will take all reasonable steps to minimize disruptions that lie within its control.
Notwithstanding anything else in this Agreement, Forsina may change, suspend or discontinue the Services, or any Content, features, components or functions thereof, for any reason and at any time, without prior notice to you. Forsina may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Forsina may also do so if it reasonably determines that: (a) you breached this Agreement, the Intellectual Property Rights of a third party or applicable laws, or any activity or use of the Services in connection with your Account is otherwise disruptive or harmful to Forsina or any third party; or (b) Forsina is required to do so by law. In the event that Forsina chooses to discontinue the Services, or any features, components or functions thereof, upon notifying you, it will have no obligation to maintain same.
You acknowledge that the use of the Services depends on access to telecommunications and Internet services, which are solely the responsibility of the User. Acquiring and maintaining telecommunications and Internet services, in addition to other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Forsina will not be held accountable for any losses or damages of any kind arising from issues related to telecommunications and Internet services.
Forsina is not a healthcare provider and nor does it provide medical advice of any description. The Software is not intended to be used as a medical device, nor is it a form of Decision Support Software. You should not rely on the information provided via the Services as a substitute for professional medical advice, diagnosis or treatment, nor does it replace same. Seek professional medical advice, diagnosis or treatment for any medical concern or condition you may have. You can use the information provided in the Services to discuss your concerns with your healthcare provider. Information provided in the Services is provided for informational purposes only and is in no way intended to substitute for consulting a medical or healthcare professional. Nothing stated or posted on the Services are intended to be, and must not be taken to be, the practice of medicine or any type of healthcare, the provision of any type of healthcare or a tool to be relied upon by healthcare providers. If you rely on any of the information on the services, you do solely at your own risk.
You must not disclose any information to Forsina that may constitute Protected Health Information as defined in the Privacy Rule associated with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) regulations. You hereby represent and warrant that you will not disclose any such information to Forsina through your use of the Services.
Subject to your acceptance with the Terms, Forsina provides you a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the Software on a computer or mobile device you own or control, and a license to operate the copy of the Software for your own personal and non-commercial use and only within permitted use of the Services. In connection with the rights granted to you under these Terms, you may use the Services to create recordings related to your use of the Content and the Services (“Recordings”), but, unless your license type allows you to publish content, publishing such Recordings in any way is not permitted without the written consent of Forsina. Except when expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Software or Services; (ii) transfer, distribute, sublicense, lend, lease or rent the Software or Services to a third party; (iii) reverse engineer, decompile or disassemble the Software; (iv) perform, display, or in any way exploit, the Content, Software, materials or Services, wholly or partially; or (v) make the functionality and/or Content available to multiple users through any means. Forsina reserves all rights in and to the Software and Services not expressly granted to you under these Terms.
You hereby grant to Forsina a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, fully paid-up and royalty-free license and right to modify, copy, distribute, display and perform, publish, prepare derivative works of, use and incorporate into the Services (without attribution of any kind): (a) any suggestions, enhancements requests, recommendations, proposals, corrections or other feedback or information provided by you in relation to the Services; and (b) your marks and your image in connection with providing the Services and for marketing and promotional purposes in connection with the business of Forsina. Other than those rights specifically granted to Forsina herein, all right, title and interest in and to your marks and your image are expressly reserved by you.
Certain Subscriptions types include a license to present (“Presentation License”). Such a license permits the User to use the Services for presentations in a classroom or lecture setting. Nothing in this Agreement permits any User to: (i) video record lessons and/or upload same to a learning management or similar system (“LMS”); (ii) export images created within the Services to third-party Software for commercial gain (e.g. for use in a book or similar). If you wish to do (i) or (ii) above, please contact Forsina directly as you will need the written consent of Forsina to do so.
Certain Subscriptions include a license to use the Services for the purposes of patient education (“Patient Education License”). Such a license permits the User to use the Services for demonstration purposes in a consultation setting.
Certain Subscriptions include a license to use the Services for the purposes of student studies (“Student License”). Such a license permits the User to use the Services for studying purposes, and user cannot use this type of license to present materials and structures in the software to a group of people or educate the patients.
Certain Licenses such as lecturer license might include access to the Dashboard, where the license holder can track certain progress of Student license holders. Where you a Student license holder, you hereby agree to such a license holder having access to the information that is collated on the Dashboard. Where you are a lecturer license holder, you are solely responsible for the security of the information held about your students.
Forsina reserves the right to change your license type at any time and for any or no reason, without notice to you, but will endeavor to contact you by email in relation to same in the event that changes are made.
Certain Services require you to create an account (“Account”) before you use them via the Services by providing some basic information, including your name and email address (“Account Information”). You can do this via the website. Forsina may add the option of creating accounts using SNS. If applicable, you may be able to create your account through certain third-party services such as Facebook or Twitter (each an “SNS Account”). To create your Account using the SNS option, Forsina will extract certain personal information from your SNS Account, including any personal information your privacy settings on the SNS Account permit Forsina to access, such as your name and email address. It is important that you provide Forsina with accurate, complete and up-to-date information for your Account. You agree to update such information, as needed, to keep it accurate, complete and up-to-date. Forsina may suspend or terminate your Account at any time and without notice to you if you do not do so. You agree that you will not provide your Account password to any third-party and you will immediately notify Forsina of any unauthorized or suspected use of your Account. You hereby irrevocably authorize Forsina to disclose your personally identifiable information at the request of any governmental agency or in response to any judicial process.
By purchasing or subscribing to the Services, you expressly authorize Forsina (or its third party processor, such as Apple App Store, Google Play Store, or any other platform via which Forsina makes the Software available (the “Application Platform”)) to charge you for the Services and any purchases that you make in the Software. Forsina, or its third-party payment processor, may ask you to supply information for the processing of your payment, including, but not limited to, your credit card number, the expiration date of the credit card, your address and any additional information to verify your identity (the “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented as any such Payment Information. You authorize Forsina to provide your Payment Information to third parties in order that your payment for the Services or and any in- app purchases that you might make (plus any applicable taxes and other charges) can be completed. Please note that renewal automatic payment is unavailable at this time, Forsina reserves the right to change the renewal model into automatic billing; in such case, you will be informed via email.
Some of the Services are available in the paid version. Other features must be paid for (“plug ins”). You agree to pay for the applicable Paid Features that you wish to purchase via the Services. Forsina will communicate the payments options available to you via the Services when you create your Account. Your receipt of the feature is conditioned upon timely payment for the applicable Services. Plug-in or plug-ins expiry date are directly linked to your license key expiry date.
Forsina may provide certain basic features of the Services at no charge to those that have not paid, these features may include: access to the full male skeleton system and selected functions
You may choose to pay an annual subscription for a particular type of license, as set out in the Services (“Subscription Account”). Forsina reserves the right to remove, add or modify any features of such Accounts at any time and without notice to you. In the event that you purchase a Subscription Account, the fees for your Subscription Account will be billed from the date that you convert to a Subscription.
Forsina or the Application Provider will not automatically charge your credit card on each renewal date corresponding to the commencement date of your initial subscription. You acknowledge that the amount charged to your card may vary if you purchase promotional offers, change your account or the amount of sales tax varies and you authorize Forsina or the Application Provider to charge your credit card for such varying amounts. If any fee is not paid in a timely manner or if Forsina or the Application Provider is unable to process the payment using the Payment Information provided, Forsina reserves the right to revoke your access to you Subscription Account.
The Free Trial Period shall commence once you create an Account and register, and the Free Trial Period ends at whichever comes earlier of: (a) the end of the free trial time period as designated in the Services; or (b) the time at which you purchase or subscribe to the Services.
THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FORSINA HAS NO SPECIAL RELATIONSHIP OR DUTY TO YOU. YOU ACKNOWLEDGE THAT FORSINA HAS NO CONTROL OVER, AND NO DUTY TO TAKE ACTION REGARDING WHICH USERS GAIN ACCESS TO THE SERVICES, WHAT CONTENT YOU ACCESS VIA THE SERVICES; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT OR WHAT ACTIONS THAT YOU MAY TAKE AS A RESULT OF BEING EXPOSED TO THE CONTENT. FORSINA MAKES NO REPRESENTATIONS CONCERNING CONTENT CONTAINED IN THE SITES OR SERVICES AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT,COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. THE SOFTWARE, SERVICES, SITES AND CONTENT ARE PROVIDED AS “AS IS,” WITHOUT WARRANTIES OF ANY KIND. Forsina DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. Forsina MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Forsina MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL ACCURACY), TIMELINESS, AVAILABILITY, LEGALITY, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR OPERABILITY OF MATERIAL, CONTENT, SOFTWARE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FORSINA OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Forsina DISCLAIMS ANY WARRANTY THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE SOFTWARE AND SERVICES OR AND FOR ANY AND ALL CONCLUSIONS DRAWN FROM SUCH USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to third-party websites or resources may be encountered in the Services. These links are provided by Forsina for the sole purpose of convenience, and Forsina has no control over and is not responsible for the content, products or services on or available on those websites or resources. You acknowledge that you take sole responsibility for and assume all risk arising from the use of any third-party websites or resources.
To the extent permitted by applicable law, you agree to defend, indemnify and hold Forsina harmless, its officers, directors, employees, agents and representatives from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your negligence or misconduct; (iv) your provision of medical care; (v) a claim that a serious health event or bodily injury resulted from your use of the Services; (vi) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; (iv) your infringement, or the infringement by any third party using your registration information or Account, of any intellectual property or other right of any person or entity; or (v) any claim that your User-Submitted Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Forsina, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING FROM OR IN CONNECTION TO THE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Forsina HAS BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT IT WAS FORESEEABLE. EACH OF SUCH LIMITATION IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Forsina AND YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Forsina’S TOTAL LIABILITY ARISING UNDER THIS AGREEMENT, FROM ANY AND ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE 12 (TWELVE) MONTHS IMMEDIATELY PRECEEDING THE DAY THAT THE ACT OF OMISSION THAT GAVE RISE TO YOUR CLAIM OCCURRED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT BE APPLICABLE IN YOUR CASE. IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE LAWFULLY EXCLUDED, TO THE EXTENT PERMITTED BY LAW Forsina’S LIABILITY IS LIMITED (AT Forsina’S OPTION) TO THE REPLACEMENT, REPAIR, RESUPPLY OR REFUND OF THE RELEVANT SERVICES.
The term of this Agreement starts once you download the Software and Services and ends when terminated by either party (the “Term”). Either party may terminate the Services at any time by notifying the other party by the means set out in this Agreement. If you breach any of the terms or conditions of this Agreement, Forsina may terminate or suspend any and all Services and access to your Account without notice or liability. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services or access your Account will immediately stop. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination.
As part of the Services, Forsina may provide Forsina’s standard support or premium support services based on your license type as set out at https://Forsina.com/category/support, or other such URL that may be specified by Forsina and as may be updated by Forsina from time to time.
You may not assign, delegate or transfer this Agreement or any rights hereunder, in whole or in part, by operation of law or otherwise, without Forsina’s prior written consent and any attempt to do so will be void. Forsina may freely assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without notice to you.
The failure by either party to exercise or enforce, in any respect, any right provided for herein, shall not be deemed a waiver of that or any other provision herein. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
Forsina shall not be liable for any failure or delay in performance under this Agreement for causes beyond its reasonable control and occurring without that party’s fault or negligence, including, but not limited to: mechanical, electronic or communications failure and degradation; acts of God or government; flood, fire or civil unrest; acts of terror; strikes or other labor issues; computer attacks (by government/national entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility.
The parties to this Agreement are independent contractors. This Agreement does not establish any relationship of agency, partnership, joint venture, employment, or franchise between the parties. You will not have the authority of any kind to bind Forsina or incur obligations on its behalf in any respect whatsoever.
If you have any questions regarding this Agreement, please contact firstname.lastname@example.org
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