Thank you for your interest in synedra View Professional. In order to receive your requested number of licenses, please fill in the order form and the contact form below. We will contact you after we have received your data.
If you require any assistance, please call +43/512/581505 or send an email to sales@synedra.com.
Update service for purchase: We will always provide you with the latest version of our Class IIb medical device product. Additionally, our email support is available to you.
From the 2nd year on, the update service with email support will cost EUR 300,00 excluding VAT. The update service will be automatically extended by one additional year if no notice of cancellation is received within the stipulated time.
Sobald Ihre Bestellung bei uns eingegangen ist, wird diese so schnell wie möglich bearbeitet. Nach erfolgreicher Bearbeitung erhalten Sie den Lizenzschlüssel per E-Mail.
synedra information technologies GmbH | Feldstr. 1/13 | 6020 Innsbruck | Österreich
T +43 512 581 505 | F +43 512 581 505 111 | office@synedra.com | www.synedra.com
EN ISO 9001:2008 | EN ISO 13485:2003 FN 268961g | ATU 62047369 | HG Innsbruck
BTV | BLZ: 16000 | KTO: 100448157 | IBAN: AT841600000100448157 | BIC: BTVAAT22
1. Content
By purchasing or ordering the subscription referred to herein, Customer has the rights stated below in accordance with the quantity of subscriptions acquired:
* the right for a workstation to use synedra View Professional ("Product") as a medical device in compliance with the EULA;
* the right for a workstation to bug fixes, updates and upgrades (but not the right to specific quantities or frequencies);
* the right for a workstation to email support for synedra View Professional.
The license will be granted on a non-exclusive, non-transferable (esp. without the right to sub-license), indefinite basis to use the Product within the TRIPS member states. Payments in due time within 14 days from receipt of the invoice as a precondition for granting the license, software maintenance and support.
2. Ownership and Intellectual Property Rights of the Product
Customer acknowledges and agrees that synedra owns all the right, title and interest in and to the Product as well as the "synedra®" trademark. Any ideas, enhancements, modifications and the like with respect to the Product will be the property of synedra. Customer further acknowledges and agrees that nothing contained in the present EULA shall be construed as granting to Customer any right in connection with a patent, copyright, trademark or any other industrial or intellectual property right belonging to synedra.
3. Rights and Obligations of the Customer
Customer may not transfer, rent, lease, lend, copy, modify, translate, sub-license, publish the Product in whole or in part, whether alone or combined with or integrated into other material, to any other person or entity without the prior written approval of synedra. Customer may take all such action reasonably requested by synedra in order to protect the ownership and intellectual property rights of synedra in respect of the Product (e.g. but not limited to an appropriate operating system and safeguards against unlicensed transfer).Furthermore, synedra is allowed to install monitoring tools to ensure accordance with the EULA.
4. Limitation of Liability
Any claims for damages against synedra are excluded unless the damage results from gross negligence or willful misconduct on the part of synedra. Gross negligence does not include mere ordinary negligence; gross negligence is any act or failure to act which is in reckless disregard of harmful consequences which synedra knew of or should have known could result from such act or failure to act. synedra cannot be held liable for loss of profit and all other consequential and punitive damages. In any case claims for damages are limited to the amount of respective order but in no event more than € 500.000,-- (EURO fivehundredthousand).
5. Term
The duration of the EULA is unlimited. Customer may terminate the EULA with one month's notice to the end of the annual accounting period. synedra may terminate the EULA by giving Customer not less than one (1) year prior notice, but reserves the right to terminate the EULA immediately if Customer fails to comply with the terms and conditions set forth herein; if Customer fails to meet her/his payment obligations; if Customer fails to observe her/his obligations as an operator of a medical device.
6. Data
synedra ensures that all Customer personal data received are kept secure and confidential in accordance with applicable law. However, this includes the possibility that synedra Schweiz AG and synedra Deutschland GmbH have access to those data. Customer agrees to receive postal and/or email information in respect of all applicable laws from synedra, synedra Deutschland GmbH, and synedra Schweiz AG. Customer expressly declares approval with the download terms and conditions. Upon registration, Customer warrants to give accurate and complete information and shall notify synedra promptly in the event of any change to such information. Any notice must be in writing by email to office@synedra.com. Customer is responsible and liable for maintaining the confidentiality and security of her/his password to prevent unauthorized use by third parties. Customer will immediately notify synedra of any known unauthorized use. Any notice must be in writing by email to office@synedra.com.
7. Usage as Medical Device
Customer is aware that in purchasing the Product she/he acquires the right to use the Product as a class IIb Medical Device pursuant to the guidelines stated in Medical Device Directive 93/42/EEC. However, the right to use the Product as a class IIb Medical Device is limited to EU member states as well as to all states adhering to the Medical Device Directive 93/42/EEC. The Product has not been approved by the U.S. Food and Drug Administration (FDA) for use as a Medical Device and may hence not be used as such within the United States and all states adhering to FDA approvals. Prior to using the Product, Customer has to ensure that she/he complies with all applicable national and international obligations with regard to using a medical device. Furthermore, Customer undertakes to use the Product in compliance with its intended purpose of use as defined in the manufacturer's regulations as well as to cooperate with the manufacturer in the event of a product recall. The operability of the Product as a medical device shall expire upon termination of the EULA and is also subject to the Medical Device Declaration of Conformity applied by synedra.
8. Miscellaneous
In addition General Terms and Conditions of synedra, which can be downloaded at https://www.synedra.com/en/contact/, shall apply. This EULA and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of Austria, excluding its conflict of laws rules and the Convention on Contracts for the International Sale of Goods (CISG). All disputes arising out of or in connection with this EULA which cannot be settled amicably shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce in Vienna by one or more arbitrator(s) appointed in accordance with these rules and of juridical education. The arbitration proceeding shall be conducted in English, if not mutually agreed otherwise by synedra and Customer. The award of the arbitration will be final and binding among synedra and Customer. If individual provisions of the EULA become invalid, the remaining provisions of the EULA stay in force. In that case, Partners agree that the invalid provision shall be replaced by a provision whose commercial purpose approaches that of the invalid provision as closely as possible. This document contains the entire EULA between synedra and Customer with respect to the subject matter hereof.
This EULA may not be assigned or transferred without the prior written consent of the other Party.