3. Licence terms

3.1Definitions

• Installation: one copy of LatinoSoft on one computer.
• Licence: the right of use recorded in the file license.lic. A licence file is issued for one Installation and states its own unique licence number, the role of that Installation (Main Server or Workstation), that Installation's number within the practice's Licences, and the number of Installations the practice's Licences cover together (the seats). Where an older licence file does not state one of these facts, the software reads it as: licence number unknown, role Main Server, Installation number 1, one seat.
• Practice Licence: all Licences issued to one practice, one per Installation, together covering the number of seats stated in the Order.
• Main Server: the one Installation per practice that hosts the practice's MariaDB/MySQL database; its Licence states the role Main Server.
• Workstation: every other Installation of the same practice, which connects to the database of the Main Server over the practice's own network; its Licence states the role Workstation.
• Machine Hash: the value in machine.dat (document 1, clause 1.10) identifying the computer on which the Licence was first used.
• Order: the quotation, order, checkout or invoice in which term, fee and number of Installations (seats) are recorded.

3.2Grant

1. Stardent B.V. grants the practice, per Licence, a non-exclusive, non-transferable right to use LatinoSoft on the Installation that Licence is issued for, for the running of its own practice. The practice uses no more Installations than the seats of its Practice Licence.
2. A Practice Licence covers one practice. Exactly one Installation per practice is the Main Server; all others are Workstations on the same local network, connecting to its database. On an Installation whose Licence states the role Workstation, the software does not create a new practice database, does not start the bundled database engine from the second start on (document 1, clause 1.10), and leaves the automatic daily backup to the Main Server (document 5, clause 5.3). A licence file that states no role, or another role, is treated as Main Server.
3. Term, fee and number of Installations (seats) are as stated in the Order. A Licence may be agreed per month, per quarter, per year or as a one-off; these terms apply to all of those forms.
4. The right of use does not include: renting out, lending, sub-licensing or otherwise making the software available to third parties, decompiling it, or circumventing the licence check, save where mandatory law permits.
5. The practice does not copy, reproduce, distribute, publish, resell, transfer, give away or sub-license LatinoSoft, a Licence, a licence number, an activation code or a licence file, in whole or in part, for or to anyone outside the licensed practice, and does not make any of them available on a network beyond the practice's own local network. A Licence is issued to the practice named in the Order and to no one else.
6. The practice does not use LatinoSoft, its screens, forms, data model, documents or texts for the benefit of a competitor of Stardent B.V., does not let a competitor use them, and does not use them to build, train, benchmark, copy or market a competing product.
7. The Licence is granted solely for the running of the licensed practice's own dental or medical practice and for no other purpose.
8. A breach of items 5 to 7 is a breach of these licence terms and a ground for revocation under clause 3.4. It leaves every other remedy of Stardent B.V. intact, including those named in the end-user licence agreement shipped with the software (LICENSE.txt).

3.3Binding to the computer

1. On the first start with a valid Licence the software records the Machine Hash of that computer in machine.dat. When a code is redeemed, and each time the licence check of clause 3.5 runs, that hash is reported to Stardent B.V. (with the licence check, together with the licence number, the role and the Installation's number), so that a Licence used on more computers than it covers becomes visible.
2. The software does not refuse to start on another computer: it shows a notice that the Licence was first activated elsewhere, in which the user may ask to move the Licence to this computer or open the page where further seats are bought, and it keeps working whatever the user chooses. The request to move is sent only where the licence check of clause 3.5 is configured; otherwise the practice asks as in item 3. Use beyond the number of Installations the Practice Licence covers is nevertheless a breach of clause 3.2 and a ground for revocation (clause 3.4).
3. If the practice replaces a computer, or wishes to move a Licence, it asks Stardent B.V. through dentalsoft@godentalplace.com to revoke the old number and issue a new licence file. Stardent B.V. does so within five working days at no extra charge, provided the Licence has been paid for and has not been terminated.

3.4Revocation

1. Stardent B.V. may revoke a licence number on non-payment after the period in document 4, clause 4.4, on use contrary to clause 3.2(4) to (7) or 3.3(2), or at the request of the practice itself (clause 3.3).
2. A revoked number stops working at the first start after the licence check of clause 3.5 has received the revocation notice (revocation.lic), and in any case at the end of the term stated in the Licence. On an Installation where that check is not configured, a revocation cannot arrive; the Licence still lapses at its end date.
3. Revocation does not touch the practice's data: the database remains the practice's and sits on its own hardware.

3.5Offline use and licence check

1. The software works without a connection to Stardent B.V. There is no obligation to connect in order to be allowed to work.
2. The licence check (document 1, clause 1.5(3)) is a right of Stardent B.V. to make a revoked Licence stop, not a duty of the practice to let that check run. It runs only when SOFTLEX_LICENSE_HUB names a licence hub.
3. A slow, unreachable or faulty licence server never suspends a Licence. Only a revocation notice for that specific licence number, verified against the issuer's key, or the end date in the Licence, stops it.
4. An Installation that never connects receives no updates and no revocation notice; the practice bears the consequences (clause 3.7).

3.6No use without a Licence

1. An Installation without a Licence does not open the practice. It shows the activation dialog, in which a licence file is imported or an activation code is redeemed.
2. There is no time-limited use of any kind and no demo mode in this edition. The product is bought or it is not; there is no intermediate form.
3. A promotional code sets the price of a Licence for the months it names; it changes what is paid, not what is licensed and not for how long.

3.7Updates

1. Updates are offered through the update check (document 1, clause 1.5(1)). The practice decides whether to install an offered update; the software installs nothing on its own. A manifest may mark a version as required; that changes the wording of the offer, not the choice.
2. Support is given only on the current and the immediately preceding minor version. On an older version Stardent B.V. may decline requests until the practice has updated.
3. An update may contain a database migration. The practice makes a backup according to document 5 before every update.

3.8Support

1. Support is by e-mail only, through dentalsoft@godentalplace.com, with a first response within five working days. No telephone support is offered.
2. Support covers: questions about use, reporting faults, re-issuing a Licence. It does not cover: administration of the practice's hardware, operating system, network or database, nor restoring data (document 5).

3.9Intellectual property

1. All rights in LatinoSoft, its source code, documentation and these texts rest with Stardent B.V. or its licensors. The practice acquires only the right of use of clause 3.2.
2. The data the practice enters into the software is and remains the practice's.

3.10Audit of licence use

1. Stardent B.V. may, at most once a year and on ten working days' notice, ask the practice to state in writing on how many computers LatinoSoft is installed and which licence numbers are in use there.
2. If there are more Installations than the Licences cover, Stardent B.V. invoices the missing Installations from the moment they were taken into use, with a minimum of three months, and may on repetition terminate under clause 3.11.

3.11Termination

1. A fixed-term Licence ends on expiry of the term in the Order, unless the Order provides for renewal. A monthly, quarterly or yearly Licence may be terminated by either party as of the end of the current period with one month's notice.
2. Either party may terminate with immediate effect if the other party, after written notice of default allowing 14 days, fails to perform a material obligation, or becomes insolvent or applies for suspension of payments.
3. After the end the right of use lapses and the practice removes the software. The database remains the practice's; the practice itself arranges export or preservation according to its retention duties (document 5).

3.12Warranty and disclaimer

1. Stardent B.V. supplies LatinoSoft as it is. It endeavours to fix reported faults in a subsequent version, but does not warrant that the software is without faults, works without interruption, or is fit for a specific purpose not stated in the Order.
2. LatinoSoft is not a medical device and takes no clinical decision (document 6).
3. Stardent B.V. holds no copy of the practice's data and can restore nothing (document 5).

3.13Backup

The backup of the Main Server — database, documents and uploaded files — is the sole responsibility of the practice. Document 5 forms an integral part of these licence terms.

3.14Other provisions

1. The general terms (document 4) apply to these licence terms, including the limitation of liability in clause 4.10.
2. Dutch law; District Court of the Northern Netherlands (rechtbank Noord-Nederland), Groningen location.