Dental Illustration End User License Agreement
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA").
THIS IS A LEGAL AGREEMENT BETWEEN DENTAL ILLUSTRATION AND YOU.
This Application is provided by:
Mitiuc Alexandr (Alex Mit)
Owner contact email: 
Website: alexmit.com
The Owner offers Products through the App Store. Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that Apple may enforce these Terms as a third-party beneficiary.
By using this application and having access to the content (graphics, text), you agree to follow the Terms. If you do not agree to any part of the terms, you do not have the permission to access the application.
By using this Application, Users confirm to meet the following requirements:There are no restrictions for Users in terms of being Consumers or Business Users; Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; Users aren’t listed on any U.S. Government list of prohibited or restricted parties;
Medical Disclaimer:
The application includes medical illustrations that demonstrate various dental procedures.
The application does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. These illustrations are not an example or a guide for physicians in any medical treatment. These illustrations are for demonstration use only and can only be used to show the patient an approximate treatment plan within the framework of this application. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in the application. If you need medical advice, you should consult a doctor or other appropriate medical professional. These illustrations are artistic works and the imagination of the author.
The author shall not be liable for any medical procedure or operations which have been carried out based on the illustrations in this application. In no event shall the author of the Application be liable for any consequential, incidental, special or punitive damages, lost profits, data, use, the prestige of the company or a person, or other intangible damages resulting from the use of the application. Reliance on any information provided in this application is solely at your own risk. Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.
Grant of License:
Subject to, and in consideration of, your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the App and content on the App for your lifetime on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms (http://www.apple.com/uk/legal/terms/), and in accordance with our Privacy Policy.
TERMS REQUIRED BY APPLE (1-9)
1.Acknowledgement:
This Agreement is between you and application Dental Illustrations by Alex Mit. only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Dental Illustrations by Alex Mit., not Apple, is solely responsible for the application and its content.
2.Software license( Scope of License):
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.
You may only use Application on Apple devices that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You’re not allowed to copy, or modify the Application, any part of the Application, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Application, and you also shouldn’t try to translate the Application into other languages, or make derivative versions. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
3.Maintenance and Support:
The owner is solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. The owner does not promise that it will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device.
4.Warranty:
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to , any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, officers, directors, agents, co-branders, affiliates, licensors, doctors, clinics, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
Federal law of some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
5.Product Claims:
You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims. You agree to defend, indemnify and hold harmless the author of this application from any claims, losses, liabilities, costs or debts and expenses (including but not limited to attorney’s fees) arising out of:
a) use of this application by you or any other person using your account, password or device;
b) violations of these Terms;
c) content posted on the application.
6.Intellectual Property Rights:
This application and its original content (excluding user-provided content) is intellectual property and is owned by Alexandr Mitiuc (Alex Mit), alexmit.com in its entirety. The author of the application is the only creator and copyright holder of dental illustrations application available in this appendix. The content is protected by copyright, trademark, and other laws of the United States and other countries.
Any commercial use of illustrations or videos(3D Animations) outside this application is prohibited. If you need these dental illustrations for commercial use, please go to alexmit.com for more information.
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
The Owner holds and reserves all intellectual property rights for any such content.
7.Legal Compliance:
You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
8.Third Party Beneficiary:
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that when you accept the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.Your right to use the application will terminate immediately if you violate any provision of this Agreement.
9.Third Party Terms of Agreement:
We may use third party software and services provided by (amongst others) Facebook, Youtube and Twitter with the Application . Use of the Application is therefore subject to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the Application. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers.
10.Restriction on Transfer.
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
11.Limitations of liability:
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, doctors, clinics, agents, co-branders, partners, suppliers and employees be liable for any indirect, incidental, special, punitive, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss or injury any errors, mistakes, or inaccuracies of content; and personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
12.Indemnification:
You shall indemnify, defend and hold harmless Dental Illustration application and its affiliates, partners, suppliers, vendors and licensors, and each of their respective officers, directors, doctors, clinics, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any Intellectual Property or misappropriation of any proprietary right or trade secret of any person or entry. These obligations will survive any termination of this License.
13.Service reselling:
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
14.Privacy policy:
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
15.Termination:
Owner may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to owner with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Owner. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.
16.Subscription Terms:
Payment will be charged to your Apple ID account at the confirmation of purchase.Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. Subscriptions can be managed or canceled in the Users’ Apple App Store account settings.
17.Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
Changes to these Terms:
The author of the application may, at his discretion and at any time, change the subscription fee. Any change in the subscription fees will take effect at the end of the current payment cycle.
The author of the application reserves the right to modify or update content, information and correct errors, inaccuracies or omissions at any time without prior notice.
The author reserves the right, at his discretion, to modify or replace these Terms at any time. By continuing to access or use this application after any changes take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use this application.
Term and Termination This License shall be effective until terminated.