1. General

These License and Support Conditions shall apply for all OraNext Inc. software products. The present agreement concerns solely executable object code and does not include any rights of any nature to the product’s source code. Within this agreement, the specific products licensed by the customer shall be referred to as a whole as the “Program”. The Program shall be supplied with a manual in electronic format describing the Program characteristics and its use (the “Documentation”).

2. Scope of the Licence

2.1 Remunerated Licences

Purchase of a remunerated licence from OraNext Inc. shall entitle the Licensee to the non-exclusive, perpetual right to use the Program on the agreed number of the Licensee’s servers run on the agreed platform.

2.2 Free Use of Trial Versions

For certain products, OraNext Inc. offers freely available versions which can be run without purchasing a licence key (Trial versions), albeit with restrictions compared with the purchased licence of the same product as described in the pertinent product documentation. For Trial versions, the Licensee shall be granted a non-exclusive, free, non-transferable and perpetual licence to try the Program on any number of the Licensee’s servers.

Trial in this sense is the consideration by the Licensee whether to purchase the Program for productive use, and the development of products by the Licensee in which a subsequently purchased remunerated licensed copy of the Program or a Trial version is or will be integrated and whose intended use materially exceeds the integration of the OraNext Inc. Program. If the Licensee integrates the Trial version in one of its own products of the aforementioned type, it shall also be entitled to transfer the licence to the integrated Trial version when passing on its product to a third party.

3. Restrictions

3.1 Intellectual Property

The Software is licensed, not sold. The Program and the Documentation are the copyrighted intellectual property of OraNext Inc.

3.2 Reverse Engineering and Confidentiality

The Licensee undertakes not to translate, disassemble or reverse-engineer the Program, insofar as this is not permitted by applicable law.

The Licensee undertakes not to redistribute or make publicly available any licence key received from OraNext Inc.

3.3 Updates and Upgrades

If the Licensee receives the Program as a new main version or maintenance release to an earlier version of the same or another product (Update), or if a product licence is converted into a licence for another product which contains the originally licensed product (Upgrade), the new licence shall be provided on a licence-exchange basis. Installing and using an updated or upgraded version shall terminate the licence for the earlier version.

4. Delivery

The Program and the Documentation shall be delivered in digital format only. The Program, Documentation and all pertinent maintenance updates shall be retrieved from the OraNext Inc. website. OraNext Inc. shall not provide the Licensee with either digital storage media or printed Documentation.

5. Limited Warranty

OraNext Inc. warrants that if the customer discovers a material non-conformity between the Software and the Documentation within 30 days of purchase and reports the material non-conformity to OraNext Inc. in writing within that period, OraNext Inc. shall promptly, at its expense, provide a correction or workaround for any reproducible material non-conformity and deliver an updated version of the Software as and when made generally available. OraNext Inc. can also provide a 30-day money-back guarantee on Software products.

This warranty does not apply if the Software is used in ways not covered by the Documentation, including calling undocumented functions or disregarding documented restrictions; if the Software has been modified without authorization; if it has been improperly installed, operated, stored or maintained; or if the non-conformity is caused by a virus or by a breach of this Agreement.

6. Support Agreement / Support Services

OraNext Inc. provides support services free of charge within 60 days of the initial product purchase. In addition to purchasing the licence, the customer can request support services from OraNext Inc. against payment of an annual fee. This is agreed by the customer choosing the support service for the purchased licences and OraNext Inc. accepting that choice.

Under the support agreement, OraNext Inc. shall render the services listed under the Contractual Support column in the support-services overview below.

7. Data Protection

OraNext Inc. collects, processes, uses and transmits personal data solely insofar as this is necessary for executing and fulfilling the contractual relationship with the customer.

8. Applicable Laws

This agreement shall be governed by the law of the country in which the customer has its registered offices, excluding the UN Convention Relating to a Uniform Law on the International Sale of Goods and the conflict-of-law provisions of international private law.

9. Legal Forum

The exclusive legal forum for disputes under and in conjunction with the purchase, licence and/or support agreements shall be the registered offices of OraNext Inc. for the customer’s claims, and the registered offices of the customer or OraNext Inc. for OraNext Inc.’s claims. This is without prejudice to statutory provisions for filing counterclaims in the forum of the original action.

Questions regarding this Agreement or requests for information may be sent using the contact information provided with the product or on the PL/PDF website.

Support Services

Service	Contractual support (fee-based)
Response time for a support case	2 business days
End of support	Lifetime of the product
Correction or workaround for a fault	Yes
Modifications for a newer database version not fully compatible with the previous version	Yes
Licence to use the current maintenance release	Included
Availability of the licensed product	Lifetime of the product
Availability of the latest maintenance release	Lifetime of the product
Update to the current main version	Included
Information about new maintenance or major releases	By email
Purchase of additional licences	At the applicable list price
Support channels	Email and support site