DentalRx EULA

END USER LICENSE AGREEMENT

Last updated December 16, 2024


DentalRx Application is licensed to you (“End-User”, “You”, or “Your”) by Steel Pharmacy Services Inc. (“Licensor“, “We”, “Our”, “Us”) (collectively the “Parties”), for use only under the terms of this agreement (the “License Agreement”).


By downloading or using the DentalRx Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), or by means of the DentalRx website and its subdomain “app.dentalrx.ca”, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store, Play Store and app.dentalrx.ca are referred to in this License Agreement as “Services.”


DentalRx, when downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. DentalRx is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”), or on a website browser accessing the url “https://app.dentalrx.ca/”.


1. THE APPLICATION

DentalRx Application (“Licensed Application“) is a piece of software created to provide dentists and dental healthcare professionals with updated dental guidelines and relevant pharmacology information — and customized for computer, iOS, and Android mobile devices (“Devices“). 


2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You as the End-User own or control and as permitted by these terms (“Usage Rules”).


2.2  This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3  You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Steel Pharmacy Services Inc.’s prior written consent). You may not sell, rent, lend, lease, otherwise redistribute the Licensed Application, transfer Your rights in our Licensed Application to any third party, utilize our Licensed Application for any illicit or unauthorized purpose, or utilize our Licensed Application in a manner that breaches any applicable laws or regulations.


2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, replicate, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, any part thereof, or use any data mining, robots, or similar data gathering and extraction methods from the Services (except with Steel Pharmacy Services Inc.’s prior written consent).


2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If You sell Your Devices to a third party, You must remove the Licensed Application from the Devices before doing so.


2.6 You may not transmit into or submit to the Licensed Application any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (including but not limited to, so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Licensed Application, including the systems or servers which host the Licensed Application.


2.7  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.


2.8  Licensor reserves the right, in our sole discretion, to make changes or modifications to modify the terms and conditions of licensing at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of these terms, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms by Your continued use of the Licensed Application after the date such revised terms are posted.


2.9  Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.


3. TECHNICAL REQUIREMENTS

3.1  The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.


3.2  Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.


3.3  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.


3.4  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.


4. MAINTENANCE AND SUPPORT

The Licensor may provide maintenance and support services for this Licensed Application at their discretion. You can reach the Licensor at the following email address: admin@dentalrx.ca.


5. USE OF DATA

5.1 You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Licensor’s Privacy Policy: https://dentalrx.ca/privacy-policy/.


You acknowledge that the Licensor may periodically collect and use technical data and related information about Your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to You (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to You.


Certain features of Our Licensed Application may require You to create an account. During account creation, You agree to provide accurate and complete information. You bear the responsibility of safeguarding Your account credentials and supervising all activities under Your account. Kindly notify us immediately if You suspect unauthorized access to or use of Your account.


5.2 We will maintain certain data that You transmit to the Licensed Application for the purpose of managing the performance of the Licensed Application, as well as data relating to Your use of the Services. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Services. You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.


6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite You to chat, contribute to, or participate in articles, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:


1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us and other users of the Licensed Application to use Your Contributions in any manner contemplated by Us and this License Agreement.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by Us and this License Agreement.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.


Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of Your rights to use or Your future use of the Licensed Application.


7. CONTRIBUTION LICENSE

By posting Your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking Your account from the Licensed Application to any of Your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.


This license will apply to any form, media, or technology now known or hereafter developed, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide.


We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area in the Licensed Application. You are solely responsible for Your Contributions to the Licensed Application and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.


8. LIABILITY & INDEMNIFICATION

8.1  TO THE EXTENT PERMITTED BY LAW, THE LICENSOR AND ITS PARENT, AFFILIATES, SUBSIDIARIES, SUCCESSORS, DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE LICENSED APPLICATION OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY THE LICENSOR’S FRAUD, RECKLESSNESS, OR GROSS NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THESE BENEFITS. 

You agree that any claim You may have arising out of or related to Your relationship with Us must be filed within one (1) year after such claim arose; otherwise, Your claim is permanently barred.


Regardless of the previous paragraphs, if these limitations are held inapplicable or unenforceable for any reason, and We are found to be liable, our liability to You or to any third party is limited to $100 CAD. 


8.2  You agree to defend, indemnify, and hold harmless Steel Pharmacy Services Inc., its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) Your access to or use of the Licensed Application; (ii) Your breach or alleged breach of the License Agreement; (iii) Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by You. This means that You will be responsible for any loss or damage we suffer as a result of Your breach of the License Agreement. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


8.3  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access or future access to the Licensed Application.


8.4  Licensor takes no accountability and responsibility for any errors or omissions nor any repercussions from use of this information. The information is to be used as a guide, and cannot be substituted for clinical judgement or expert medical consultation. The full medication information as found in the package insert should be consulted before prescribing any medication. The content is reviewed and updated regularly, but We make no guarantees, representations or warranties regarding the currency, accuracy or completeness of the information within the Licensed Application. We expressly disclaim responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of Your reliance on the information contained in the Licensed Application. We do not endorse specifically any of the medical content loaded into the Licensed Application.


9. WARRANTY

AS A CONDITION OF YOUR USE OF THE LICENSED APPLICATION, YOU WARRANT TO THE LICENSOR THAT YOU WILL NOT USE THE LICENSED APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS LICENSE AGREEMENT.


EXCEPT AS OTHERWISE DETAILED IN THIS LICENSE AGREEMENT, THE LICENSED APPLICATION, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE LICENSED APPLICATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE LICENSED APPLICATION WILL BE AT YOUR SOLE RISK.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED APPLICATION, CONTRIBUTIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 


IN ADDITION, THE LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE LICENSED APPLICATION, CONTRIBUTIONS, CONTENT, OR ANY PRODUCTS, SERVICE, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE LICENSED APPLICATION IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR SERVICES WILL BE AVAILABLE. THE LICENSOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR LICENSED APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR VISITING ANY WEBSITE LINKED TO IT.


THE LICENSOR MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES REGARDING THE CURRENCY, ACCURACY OR COMPLETENESS OF THE INFORMATION WITHIN THE LICENSED APPLICATION. THE LICENSOR RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO AVAILABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY SERVICE BASED ON INCORRECT AVAILABILITY INFORMATION. 


10. INFORMAL RESOLUTION OF DISPUTES

If any dispute, controversy, or other claim that may arise between You and Us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”) arises between You and Us, We are committed to working with You to reach a reasonable resolution. You and We agree to make good faith, informal efforts to resolve Disputes to seek a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, You and We must first give the other an opportunity to resolve the Dispute. We will reach out to You via Your information on file and You will reach us by emailing Us at legal@dentalrx.ca with the following information: (i) Your name; (ii) Your address; (iii) a written description of Your claim in the Dispute; and (iv) a description of the specific relief You seek. If You and We do not resolve the Dispute within sixty (60) days after receiving said notification, You or We may pursue the Dispute in the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.


11. WAIVER OF JURY TRIAL & CLASS ACTION 

YOU AND THE LICENSOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND THE LICENSOR AGREE THAT, UNLESS OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, OR RESOLVED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE CONSOLIDATED WITH THOSE OF ANY OTHER USER. 


12. LIMITED TIME TO FILE CLAIMS

To the fullest extent permitted by applicable law, if You want to assert a claim against Us, then You must commence it (by delivery of written notice as set forth herein) within one (1) year after the claim arises, or it will be forever barred. Commencing means, as applicable: (i) by delivery of written notice as set forth herein; or (ii) filing an action in a court. This provision will not apply to any legal action taken by Us to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Licensed Application or Our intellectual property rights.


13. LEGAL COMPLIANCE

You represent and warrant that 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 that You are not listed on any US Government list of prohibited or restricted parties.


14. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact info@dentalrx.ca


15. TERMINATION

The license is valid until terminated by Us or by You. Your rights under this License Agreement will terminate automatically and without notice from Us, if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.


16. INTELLECTUAL PROPERTY RIGHTS

16.1 COPYRIGHT

The Licensed Application, the content, as well as the selection and arrangement of each, are the sole property of the Licensor and are protected by patent, copyright, trademark, trade dress, and other intellectual property law, whether under statutory or common law, and may not be used except in accordance with the terms of the License Agreement or with the Licensor’s express written consent. Other than as necessary for Your use of the Site in accordance with these terms, the Licensor grants no other privileges or rights in the content to You, and You must keep intact all patent, copyright, trademark, and other proprietary notices on the content. Any content owned by the Licensor may be subject to additional restrictions. Except as expressly provided in this Licensed Application, no part of the Licensed Application, or content may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, console or other medium for publication or distribution or for any commercial enterprise, without the Licensor’s express prior written consent.


If you print, copy, or download any part of the Site in breach of these terms, your right to use the Licensed Application will cease immediately and you must, at the Licensor’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Licensed Application for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. The Licensor’s status (and that of any identified contributors) as the author of material on the Licensed Application must always be acknowledged.


16.2 TRADEMARK

As between You and the Licensor, all trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the "Mark(s)") that appear on the Licensed Application are proprietary to the Licensor or the owner of such Mark. You may not display or reproduce the Marks other than with the prior written consent of the Licensor, and you may not remove or otherwise modify any trademark notices from any content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.


As between You and the Licensor, the Licensor is the sole owner or lawful licensee of all the rights and interests in and to the Licensed Application and any content contained therein, including without limitation designs, drawings, photography, text, typography and software, whether currently registered or not, and any of its subdomains and related icons and logos, including without limitation certain related descriptions, images, text, and graphics, are registered trademarks or trademarks and/or Marks of the Licensor and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these Marks, and any Marks that we may register in the future, is strictly prohibited.


In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of the Licensor or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Licensor.


16.3 COPYRIGHT AND TRADEMARK INFRINGEMENTS

The Licensor upholds and respects the intellectual property rights of others, recognizing the importance of protecting original works, creations, and innovations. We ask that you also act in accordance with this principle. The Licensor may, in appropriate circumstances and at our discretion, terminate service and/or access to the Licensed Application for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Licensed Application, please provide the Licensor's designated agent the following information:


  • Your name, address, and contact information;

  • identify the work or other subject-matter to which the claimed infringement relates;

  • your interest or right with respect to the copyright in the work or other subject-matter;

  • the location data for the electronic location to which the claimed infringement relates;

  • specify the infringement that is claimed; and

  • specify the date and time of the commission of the claimed infringement. 


The Licensor's agent for notice of claims of copyright or trademark infringement on the Licensed Application can be reached by email: leagl@dentalrx.ca


Please also note that for copyright infringements, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.


17. APPLICABLE LAW

This License Agreement is governed by the laws of Canada excluding its conflicts of law rules. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Licensed Application. Any infraction of this License Agreement shall be governed by the laws of the Province of British Columbia and the laws of Canada without regard to any conflict of law provisions of Your domicile residence or physical location. At the Licensor's discretion, we may report any infractions or violations relating to the License Agreement to the appropriate authorities. You and We each agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.


18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You consent to receive electronic communications from the Licensor either in the form of email sent to you at the email address you provide to us or by communications posted on the Licensed Application for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Licensed Application shall satisfy any legal requirement that such communication be in writing. You agree that DentalRx may use and/or disclose information in accordance with the Privacy Policy. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


19. MISCELLANEOUS

19.1  If any provision of these terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Any headings or titles herein are for convenience only.


19.2  You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this License Agreement, the Privacy Policy, or any use of the Licensed Application. Our performance of this License Agreement is subject to existing laws and legal process. Nothing contained in this License Agreement or the Privacy Policy is in derogation of Our right to comply with law enforcement requests or requirements relating to Your use of the Licensed Application or information provided to or gathered by Us with respect to such use.


19.3 All waivers of provisions by the Licensor must be in writing. No waiver of any provision of this License Agreement shall be considered a further or continuing waiver of such provision or any other provision, and the Licensor's failure to assert any right or provision under this License Agreement does not constitute a waiver of such right or provision.


19.4 This License Agreement, including all terms and conditions incorporated by reference herein and the Privacy Policy, constitute the entire agreement between You and the Licensor with respect to the Licensed Application provided by Us, and they supersede all prior or contemporaneous communications and proposals, express of implied, whether electronic, oral, or written, between You and Us with respect to the Licensed Application.

19.5 In addition to Sections 8, 9, 10, 11, 12, 16, 17, 18, 19 all representations, warranties and conditions made by you in this License Agreement shall survive the termination of these terms. Unless otherwise explicitly identified as terminating elsewhere in these terms, all licenses granted by you in this License Agreement of use shall survive their termination. All payment obligations incurred by You prior to the termination of this License Agreement shall survive their termination.

19.6 You agree it is the express wish between You and Us that the official language of this License Agreement and all communications and agreements between Us and You and any proceedings in connection with this License Agreement and/or Your use of the License Application exclusively shall be made in the English language. You waive any rights You may have under any other law to have a License Agreement written in another language. Any translation of this License Agreement will be for convenience only.