License Agreements

1. PROMPT Flex Software License Agreement

Software Terms & Conditions

“L&T” REFERS TO Limbs & Things Ltd
“the software” REFERS TO the Prompt Flex Birthing Simulator Software

L&T OWNS THE COPYRIGHT TO THE PROMPT FLEX BIRTHING SIMULATOR SOFTWARE. WE ARE WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT. PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE COMPLETING REGISTRATION OF YOUR BABY. BY REGISTERING YOUR BABY YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT.

1. Licence

L&T owns the copyright in the software contained within this package (‘the Software’). This licence is personal to you as the purchaser of the Prompt Flex Wireless Force Monitoring (Bluetooth) Simulator and the licence granted herein is for your benefit only.

2. Permitted Use
As purchaser of the Prompt Flex Wireless Force Monitoring (Bluetooth) Simulator, you may load the Software onto any compatible computer, tablet or mobile device which is under your control.

3. Restrictions on use
You may not:
3.1 sub-license, assign, rent, lease or transfer the licence or the Software or make or distribute copies of the Software; 3.2 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law;
3.3 copy the written materials (except as provided by this agreement) accompanying the Software.

4. Title

L&T shall at all times retain ownership of the Software.

5. Support

For registered users only, support is available Monday to Friday, excluding public holidays, during the following hours:

• UK: 8.30 to 5.00
• USA: 8.00 to 5.00 Eastern Time
• Australia: 9.00 to 4.00 Eastern Standard time

by emailing or phoning using the details on our website Contact Us page. Support is undertaken on a best efforts basis.

6. Updates and Upgrades

If L&T makes any Updates and Minor Upgrades to the Licensed Software generally publicly available the Licensee will be entitled to obtain such Updates and Upgrades which will be deemed Licensed Software (and subject to the terms of the Agreement) for no additional fees. You acknowledge and agree that notwithstanding the foregoing, L&T is not obligated to make any Updates or Upgrades generally publicly available. “Updates” means any “bug” fixes or error corrections of the Licensed Software or any component thereof. “Minor Upgrades” means minor enhancements to functionality and other minor modifications to the Licensed Software that are not Updates.

L&T reserves the right to make a charge for any future Major Release, meaning a generally available release of the Software that contains functional enhancements and extensions and designated by L&T by means of a change in the digit to the left of the first decimal point (e.g., Software 5.0 >> Software 6.0).

7. Disclaimer

We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free. We exclude and hereby expressly disclaim all express and implied warranties or conditions not stated herein, so far as such exclusion is or disclaimer is permitted under the applicable law.

You are solely responsible for protecting and backing up the data and information stored on the devices on which the Software is used. Limbs & Things is not responsible for lost data or information in the event of errors or other malfunction of the Software or devices on which the Software is used. THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.

8. Liability
8.1 Our liability to you for any losses shall not exceed the value of the Software
8.2 In no event will we be liable to you for any indirect or consequential damages even if we have been advised of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
8.3 Nothing in this clause limits our liability to you in the event of death or personal injury resulting from our negligence.

9. Termination

9.1 The agreement and the licence hereby granted to use the Software automatically terminates if you:
9.1.1 fail to comply with any provisions of this agreement; or
9.1.2 destroy the copies of the Software in your possession; or
9.1.3 voluntarily uninstall or delete the software.
9.2 In the event of termination in accordance with clause 9.1 you must destroy or delete all copies of the Software from all storage media in your presence.

10. Entire Agreement

You have read and understand this agreement and agree that it constitutes the complete and exclusive statement of the agreement between us with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto.

11. Assignment

This agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this agreement or any right or obligation under it without our prior written consent.

12. Law and Disputes

This agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this agreement. If you have any questions about this agreement, write to us at gbsales@limbsandthings.com or

Limbs & Things Limited
Sussex Street
St. Philips
Bristol
BS2 0RA
UK.

 

 

 

2. Suture Tutor Licence Agreement

Licence Agreement - Individual User

Please read these terms and conditions carefully. They set out the terms under which the course(s) you have purchased via the www.limbsandthings.com website (‘this website’) is/are made available for your use. By accessing the course(s), you agree to be bound by these terms and conditions and the Privacy Policy.

1. Licence

This licence is personal to you as the purchaser of the online course and the licence granted herein is for your benefit only. As licensee you have access to the Limbs & Things Suture Tutor course shown in your order confirmation.

You are responsible for maintaining the security of any username and password which may be assigned to
you in respect of your use of this website or any of its services. Accordingly, you are fully responsible for all
activities which occur under them. You must inform us immediately of any unauthorised use of which you
become aware.

2. Permitted use

As purchaser of the online course, you may, subject to the following conditions:
2.1 use the course on any computer or mobile device which is under your control
2.2 download and print one copy of the PDFs provided in the Support Materials section, for your personal use only.

3. Restrictions on use

You may not:
3.1 copy, adapt, exploit or otherwise use the information contained on this website in any way, save for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal.
3.2 permanently store, reproduce, reverse engineer, decompile, disassemble, modify, retransmit, create derivative works based on the contents of this website without our prior written consent.
3.3 allow a third party to use your log in to access the course content.
3.4 log in to the course simultaneously on more than one computer or mobile device.
3.5 loan or distribute copies of the PDFs in the Support Materials section of the course.

4. Title

This website is owned by Limbs & Things Ltd of Sussex Street, St Philips, Bristol, BS2 0RA (‘us’, ‘we’, ‘our)’ and is protected by copyright and database rights. You acknowledge that all trade marks (registered or unregistered) used in providing this service shall remain our property at all times. We shall at all times retain ownership of the course content.

5. Hyperlinks

Whilst this website contains hypertext links to some third party websites, if you choose to use such a hypertext link then you will leave this website. We are not in any way responsible for the material on the other website that you enter via such link, nor can we be deemed to have endorsed their content.

6. Use of personal data

Any personal details we collect from you we will only use in accordance with our Privacy Policy.

7. Violation

You agree to use this website only in accordance with these terms and conditions and such a way as to ensure compliance with all applicable laws and regulations. You will not use this website to transmit or post any material which is defamatory, racist, offensive or of an obscene or menacing character or which may, in our judgement, cause annoyance, inconvenience or anxiety to any person.

8. Disclaimer

Whilst we endeavour to maintain this website in a fully operating condition and error free we do not warrant that it will meet your requirements or that its operation will be uninterrupted or error free. We do not accept responsibility for any such failings or for any defects that may exist, or for any costs, loss of income, loss of data or consequential loss arising from your use of or inability to use this website.

We exclude and hereby expressly disclaim all express and implied warranties or conditions not stated herein,
so far as such exclusion or disclaimer is permitted under the applicable law. THIS AGREEMENT DOES NOT
AFFECT YOUR STATUTORY RIGHTS.

9. Termination

This agreement and the licence to use the website automatically terminates if you:
9.1 fail to comply with any provisions of this agreement
9.2 fail to pay for the service

10. Support

For registered users only, technical support is available via this website, or by emailing or phoning using the details on our Contact Us page. Support is undertaken on a best efforts basis.

11. Entire Agreement

You have read and understand this agreement and agree that it constitutes the complete and exclusive statement of the agreement between us with respect to subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto.

12. Assignment

This agreement is personal to you as the registered user. You may not assign, transfer, subcontract or otherwise part with this agreement or any right or obligation under it without our prior written consent.

13. Law and Disputes

These terms shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

If you have any queries regarding this agreement, the website or the information contained in it, please contact us by email at sales@limbsandthings.com, by telephone on 00 44 (0)117 311 0500, or write to us at Limbs & Things Ltd, Sussex Street, St Philips, Bristol, BS2 0RA, UK.

3. SurgTrac Terms of Service

Terms Of Service (includes SurgTrac, InsTrac, and TopScalpel)

These Terms of Service (“Terms”) govern your use of eoSims, software, and websites, including the eoSurgical mobile application, and other Limbs & Things/eoSurgical services (collectively, the “Service”).

You must accept these Terms to create a SurgTrac or any related account and to use the Service. If you do not have an account, you accept these Terms by visiting or using any part of the Service. By proceeding you agree to all the terms and conditions contained within this document and acknowledge that you have read the statement in its entirety and agree to be bound by it.

These terms are in addition to all other policies regarding Limbs & Things and their products and services.

Software Privacy

Our products and services provide tools to track your instruments and therefore provide feedback about your learning, enable you to set goals, and compare yourself with your peers. We are committed to the principles of respecting your privacy, keeping your data safe, and letting you decide how your information is used and shared.

We will only collect data that is useful to improving products, services and your experience.

We will be transparent about our data practices and will explain them in clear language.

We will never sell your data.

We will always take the security of your data seriously.

Specifically

By enrolling in SurgTrac you consent to your data and videos being used to create an online leader-board of scores generated during simulated surgical tasks. By proceeding, you agree to allow Limbs & Things/eoSurgical ltd to store and analyse this data and videos. You agree to the data and videos being be used to generate metrics of performance, to compare your uploaded data and videos with your own previous data and videos, and also that of other users.

You agree to allow Limbs & Things to analyse, use and distribute your anonymised data and videos for publication online, in academic presentations and publications and in any other form of media. This includes consent to the sharing of this anonymised data and videos with other professional institutions and other bodies for the improvement of surgical education and training.

By agreeing to these terms and conditions you accept that use of the Service does not constitute any formal assessment of skill, qualification, nor guarantee of surgical ability. Positioning on the TopScalpel/SurgTrac leader board is for informal personal assessment and comparison of performance on simulated tasks and is no statement nor guarantee of surgical ability. The Company accept no liability for any harm resulting from the misuse of this information.

By enrolling with these Services you also agree to the Company storing your details for the purposes of marketing; we do not have access to your bank or credit card details. We will contact you from time to time with newsletters and updates, if you do not wish to have your details stored in this way then please contact us via [INSERT REGIONAL CONTACT EMAIL]

Creating an Account

Full use of the Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. The Company is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the Service. These communications are part of the Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications at any time by contacting the Company.

Necessary Equipment

Full use of the Service is dependent upon your use of suitable hardware (the eoSim or other compatible laparoscopic box trainer), a computer with adequate software, or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The Service

Use of SurgTrac and other software requires the upload of videos of your performance of simulated surgical tasks. You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Service will not:
a) Infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
b) Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability
c) Be fraudulent, false, misleading or deceptive
d) Be defamatory, obscene, pornographic, vulgar or offensive
e) Promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
f) Be violent or threatening or promote violence or actions that are threatening to any person or entity
g) Promote illegal or harmful activities or substances

You also agree that Your Content will comply with the following community guidelines:

a) Be respectful of the opinions of others, give everyone the same courtesy you would expect in return
b) Do not post profane or explicit content
c) Do not post profile pictures that might be considered inappropriate
d) Do not post communications that could be interpreted as threatening or harassing
e) Do not post, advertise, or promote products or services commercially

Limbs & Things retains the right to remove any content it deems to be in breach of these guidelines and principles.

The Company’s Rights

“Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service to you. Except for Your Content, the Company’s Content, Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

What You Can Do on The Service

The Service is intended for your personal, non-commercial use as an aid to learning. The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to:

1. access and view the Content
2. access and use the software and mobile applications provided by the Service
3. use the software that partners the Company’s products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Service as permitted in these Terms

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content, Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Limbs & Things/eoSurgical or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do on The Service

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Service:

1. use, display, mirror or frame the Service or any individual element within the Service, name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent
2. access or tamper with non-public areas of the Service, the Company’s computer systems, or the technical delivery systems of providers
3. test the vulnerability of any system or breach any security or authentication measures
4. circumvent any technological measure implemented by the Company, any of their providers or any other third party (including another user) to protect the Service or Content
5. access the Service or Content through the use of any mechanism other than through the use of an Authorized Connection, Service or API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that the Company provides to you or any other part of the Service

Our Enforcement Rights

We are not obligated to monitor access or use of the Limbs & Things/eoSurgical Service, Content, or Your Content or to review or edit any Content or Your Content, but we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Service, any Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Content, Your Content, or your use of the Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service.

Use the Service at Your Own Risk

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Service. The Company is a provider of training equipment for the learning and practice of surgical skills. These products are not toys and are not suitable for use for children under any circumstance, or any person whose impaired comprehension or function might expose them to risk of injury by using the product. Purchase and training with this equipment is not a replacement for formal education and training in surgery. Using the Company’s hardware and software does not by itself guarantee you will acquire skills that allow you to safely practice surgical skills in the clinic. You should not undertake any surgical procedure on a living organism or being without having fulfilled the appropriate regulatory requirements of the country in which you live or work.

Use of any of our products in a way not expressly intended, may result in injury to yourself or others and should not be performed. Indicative uses of our products may be found on our w ebsite or related informational literature, but this does not guarantee that you can perform them safely. Your purchase may also include instruments or sutures. If this is the case, you acknowledge that these are potentially dangerous materials and may cause harm to yourself or others if used inappropriately or without due care. You agree that you will not use these materials unless you have taken steps in terms of education and or supervision to ensure that you can use them within the limits of your own competence and the safety of yourself and others. You also undertake to make safe disposal of these materials and to dispose of them in a way that meets any regulatory requirements of the jurisdiction in which you are located. The disposal of other parts of our products, such as electrical components, may also be governed by local legislation that will change from time to time, but that you are required to adhere to at the time of safe disposal.

Hardware & Software

If your use includes access to SurgTrac software, you acknowledge that the software remains wholly owned by the Company. You may not transfer any right to use the software to any other person or organisation. The software may be modified or withdrawn at any time and without notice. The access you have in relation to your purchase is for your own single use and cannot be shared with others. We may from time to time place a limit on the amount of hours per unit period that the software will be able to be activated if we have concerns that this agreement to a single use license is being breeched. If you wish to have access for multi-user then this can be purchased separately from the Company and will be covered by its own terms and conditions.

Indemnity

You will indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with

1. your access to or use of the Service
2. Your Content
3. your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences

Limitation Of Liability

Neither the Company, its suppliers or licensors, nor any other party involved in creating, producing, or delivering the Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will the Company‘s total liability arising out of or in connection with these terms or from the use of or inability to use the Service exceed the amounts you have paid to the Company for use of the Service or one hundred pounds (£100), if you have not had any payment obligations to the Company, as applicable.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

By completing and submitting the following electronic registration form you are confirming that you agree to these terms and conditions.