Terms & Conditions

1. Introduction
     1. Please read this download agreement carefully. You will be asked to expressly agree to the download agreement before you place an order for downloads on our website.
     2. The download agreement is applicable for download and use of the PhacoOptics ® software as DEMO download and licensed version

2. Interpretation
     1. In the download agreement, "we", "us" or "our" or IOL Innovations refer to IOL Innovations Aps.
     2. "You" or "yours" refer to you as our "Customer" and user of PhacoOptics ® software. "Licensee" denotes the user who has agreed upon the download conditions and has accepted the License Agreement presented by the PhacoOptics ® software on first run of the program.

     3. ”PhacoOptics ® software” refers to the product offered on this web-site. The product is available as a DEMO download and a fully licensed version, respectively. The DEMO version can be downloaded for free and is accessible for 30 days. The fully licensed version requires a license key, which can be purchased on this website. The license key gives the user unlimited access to the program if the download agreement below is accepted in word and action.

3. Procedure for download and purchase of license
      1. The advertising of downloads on our website constitutes a contractual offer. The download agreement will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. The final agreement is activated when we have accepted your order and provided you with a program-link and a license-key (licensed version, only) by e-mail.
      2. In order to enter into the download agreement, you will need to take the following steps:  
           1. You must add any downloads you wish to purchase to your shopping cart
           2. You must give correct information on name, address and email
           3. You must accept the download and license conditions for the use of the PhacoOptics ® software
           4. For permanent license you must buy a license-key by proceeding to the check-out.
           5. When the payment has been confirmed a license-key and program-link will be delivered by e-mail.
      3. We will not file a copy of the specific download agreement in relation to your order. We may update the version of the download agreement on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of the download agreement for your records
      4. Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order using the website interface.

4. Prices and payment
      1. Prices for (trial and permanent) downloads are in EUR (or converted to USD or DKK by user of sit) as stated on the website. All prices are inclusive VAT and other taxes which may be applicable according to current national or international legislation.
      2. It is possible that some of the prices on the website may be incorrect due to updates or currency exchange rates. In case of discrepancy between displayed price and price appearing on the invoice, the latter information will be valid
      3. Payment must be made upon the submission of your order. We will withhold the downloads if the price is not received from you on time, in full, in cleared funds.
      4. The prices include all value added taxes and VAT (where applicable).
      5. Payment can be made using the following credit-cards: (VISA, MasterCard and American Express via PayPal service)

5. Safety
      1. IOL Innovations use the electronic payment system made by PayPal. All data are crypted and sent via SSL. For more information on safety issues please visit the homepage of PayPal (www.paypal.com).
      2. Besides the payment information other information transferred on this website are not crypted

6. Your warranties
You warrant to us that:
      1. You are legally capable of entering into binding contracts;
      2. You have full authority, power and capacity to agree to the download agreement;
      3. The information provided in your order is accurate and complete; and
      4. You have or have access to the necessary computer systems, software and network connections to receive and enjoy the benefit of the downloads that you purchase.

7. Rights of license holder
      1. This agreement gives Licensee the right to access the PhacoOptics ® software and use it for own purposes of calculating the appropriate IOL power needed for lens surgery
      2. The program and the license-key are personal and not transfereable or sublicenseable
      3. The PhacoOptics ® software may not be reproduced, modified, reverse engineered, decompiled or disassembled without the express consent of IOL Innovations and the author. Licensee agrees to use reasonable efforts to prevent unauthorized use, distribution, publication or other misuse.

8. Warranties
      1. IOL Innovations expressly disclaims all liability of any person in respect of all matters and all actions taken or not taken based on any information contained herein.
      2. PhacoOptics ® software is a diagnostic tool designed to assist the surgeon in the evaluation of the patient undergoing lens surgery. It cannot replace the clinical judgement made by a physician. Physicians are advised to consult the product labelling, and any appropriate research literature before implementing any new treatments or techniques.
      3. IOL Innovations cannot warrant that all information contained in the PhacoOptics ® software will be error-free, and is not responsible for any deletion of inaccuracy
      4. IOL Innovations expressly disclaims any warranty, either express or implied, regarding system and/or software availability, accessibility or performance. By accepting these terms, Licensee hereby acknowledges that, at any given time, the software may not be available or may become unavailable due to one or more of the following: periodic system maintenance, technical failure of the software, telecommunications, infrastructure, acts or omissions of third parties, or any other cause reasonably beyond the control of IOL Innovations.

9. Use of patient information
      1. Use of the PhacoOptics ® software may involve the entry of patient data, which may be subject to international or national legislation. It is the responsibility of the Licensee that all such legislations are met with and that the registration, storing and accessibility of any data do not conflict with applicable law.

10. Product liability
      1. Under international and national law IOL Innovations is not responsible for any product damage whatsoever

11. DEMO download
      1. By DEMO download the user has the right to use the PhacoOptics ® software for a limited time period of 30 days or 30 sessions. DEMO download can only be performed once every 6 months.

12. Disagreement
      1. Danish law is applicable in case of disagreements between customer and IOL Innovations
      2. Disagreements are to be settled by the Court of Copenhagen or higher Courts according to current national legislation.

13. IOL Innovations
This web site is owned and operated by IOL Innovations Aps. If you have any suggestions, comments or complaints, or if you need to contact us, please email us using the information on the home page or the details below:

PhacoOptics
c/o IOL Innovations Aps
INCUBA Science Park
Aabogade 15
8200 Aarhus N
Denmark

CVR:    31947707
Phone:    (+45) 87 34 55 55
email     mail@phacooptics.com