This End User License Agreement (“EULA”) governs the use of the HEARRING BOOST learning platform (“Software”) provided by MED-EL Elektromedizinische Geräte GmbH, headquartered in Innsbruck. The Software is intended exclusively for educational and training purposes in the field of hearing implant usage and surgical procedures. By installing or using the Software, you agree to be bound by the terms of this Agreement.

1. Definitions

“Software” means the HEARRING BOOST learning platform, “Licensee” means the individual or organization using the Software, “Licensor” means the provider of the Software.

2. License Grant

The Licensor grants the Licensee a non-exclusive, non-transferable, and revocable license to use the Software in accordance with its intended purpose as a training and educational platform.

3. Intended Use

The Software is intended solely for training and demonstration purposes. It is not a medical device and must not be used for diagnosis, therapy, or patient treatment.

Licensee acknowledges that the Software does not constitute clinical decision support. The Provider does not guarantee the accuracy of the results in the sense of binding information.

4. User Obligations / Registration

The Licensee agrees to use the Software only for its intended purpose, prevent unauthorized access, refrain from bypassing security mechanisms, and comply with all applicable laws and regulatory requirements.

In the course of creating the user account or registering, the license will be asked to set a password. The Licensee undertakes to keep its password and account information confidential and not to disclose it to third parties or to grant access to third parties. The Licensee is also responsible for all activities that occur using his password or account. As soon as the Licensee becomes aware of disclosure of his password, the Licensee must inform the Licensor immediately.

5. User-Posted Content

The learning platform provides various open communication channels, such as forums, where users can exchange ideas. It is not possible for the licensor to comprehensively review or continuously monitor all content published or transmitted by users/licensees on the learning platform.

The licensee is prohibited from creating content that is unlawful, immoral, offensive or derogatory.

The Licensor reserves the right to review content at any time, to monitor the use of the learning platform, and, at its sole discretion, to remove content or refuse to publish it.

By publishing content or using the aforementioned communication functions, the Licensee agrees that their contributions comply with this license agreement and are neither unlawful nor illegal, nor do they infringe the rights of third parties.

6. Restrictions / Export Compliance

The Licensee is prohibited from copying, modifying, reverse engineering or decompiling the software, or making it available to third parties, as well as from removing copyright notices.

You must not use this software in breach of Austrian, EU, US or any other applicable national export laws and regulations or embargo provisions within the license holder’s jurisdiction.

7. Intellectual Property

All rights to the software, including the source code, design and content (e.g. training data, graphics), remain exclusively with the provider or its Licensors.

8. Liability

The Licensor shall only be liable to the extent provided for by law. Liability for damage resulting from improper use or use that contravenes the law or the terms of the contract is excluded.

9. Data Protection

The software processes personal data in accordance with the GDPR or other applicable data protection regulations. The Licensee is obliged to comply with all applicable data protection regulations.

10. Updates and Maintenance

The Licensor provides security updates. The licensee undertakes to install these regularly.

11. Disclaimer of Warranties

In particular, the Provider accepts no liability for the absence of errors, uninterrupted use or suitability for a particular purpose.

12. Limitation of Liability

The Provider and its Licensors shall not be liable for: a) indirect, consequential, incidental, exemplary or special damages; b) loss or damage to data; c) loss of actual or anticipated revenue, profits or savings; d) the procurement of substitute goods and/or services; and e) business interruption. The above limitations and exclusions do not apply to liability for death or personal injury caused by negligence, willful misconduct or a breach of fundamental contractual obligations. Liability for indirect damages, consequential damages and loss of profit is excluded.

13. Termination

In the event of a breach of this agreement, the license may be terminated. Following termination, the user account will be suspended. The Licensee undertakes not to attempt to register a new account without the Licensor’s permission.

14. Governing Law and Jurisdiction

Austrian law shall apply. Place of jurisdiction is the registered office of the Licensor.

15. Severability

Should any provision of this agreement be invalid, this shall not affect the validity of the remaining provisions.