Clinic License Agreement

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License Agreement (LI) for the Use of webop in Clinics / Libraries / Universities

With the license agreement for clinics/libraries/universities (LI = License Agreement) of Webop GmbH, the use of the website www.webop.de/www.webop.com is regulated within the framework of licenses. This LI can be printed, saved, or downloaded.

1. Scope of Application

1.1 This LI applies to businesses.
1.2 All transactions with business customers regarding licenses are based exclusively on this LI. We only recognize opposing or deviating conditions of the customer if we expressly agree to their validity in writing. Our LI also applies if we perform the service unconditionally in the knowledge of opposing or deviating terms of the customer.

2. Subject of the Agreement

Webop is a provider of a service that allows the customer to access the full content of the multimedia surgical teaching (currently general and visceral surgery, vascular surgery, thoracic surgery, robotics, hand surgery, gynecology) online through a digital paywall.
The presentation of the Webop offer does not constitute an offer in the sense of §§ 145 ff BGB but is a non-binding invitation to the customer to use the content from servers. By placing an order, the customer submits a binding offer to conclude a contract for the selected content with Webop. The contract with Webop is concluded when the customer completes an online order and makes a payment. Receipt of the order is confirmed by email.

3. Terms of Use

The services of Webop include protected content and materials owned by Webop or its licensors, protected by applicable intellectual property laws (especially copyright law) and other laws. The customer is not permitted to use this protected content in any way outside the rights granted under this service. Webop content is provided only under license. The customer is obligated to use the products only according to the usage rules established by Webop. Any other use constitutes a copyright infringement.
The content is exclusively for internal use. Commercial use is only permitted with written consent from Webop.
Webop content may not be distributed or copied without Webop's consent. Creating a backup copy for the customer is not allowed.
The use of Webop requires compatible devices, internet access, and specific software. High-speed internet access is required to view and download video recordings. These prerequisites are the customer's responsibility. It is up to the customer to provide the necessary system requirements (hardware or other software) for proper download and installation.
Webop reserves the right to change, temporarily or permanently remove, or disable access to the content without notifying the customer. This does not entitle the customer to revoke their usage.
Passwords and Account Access. The license includes a quota of personal licenses for using webop.de/webop.com mobile+home. The licensee enters the employees’ email addresses in the administration area and can manage them there.
Employees then receive access to the Webop service via email address and a default password.
To maintain control over the account and prevent unauthorized access, the account holder must always keep the login data confidential and must not share the password or payment information with third parties.
The customer is responsible for updating the information provided in connection with their account and ensuring that it remains current. To protect employees and Webop from identity theft or fraudulent activity, Webop may terminate the membership or temporarily suspend the account.

4. License Term, Pricing

4.1 Term
Your Webop license begins with your written order and runs for one year.
Unless the licensee terminates the license before the end of the license period, it automatically renews for another year.
4.2 Prices
The prices for licenses are calculated on webop.de/webop.com per module and per selected employee quota and are payable immediately via online payment after purchase.
The purchase is quota-based in units of 5 to 50 individual licenses per module.

5. Rights of Set-off and Retention

The customer may only offset claims that are legally established, undisputed, or recognized by Webop. A right of retention for business customers is excluded unless the counterclaim arises from the same contractual relationship and is undisputed or legally established.

6. Statute of Limitations / Forfeiture

To the extent that liability for damages not resulting from injury to life, body, or health of the customer due to slight negligence is not excluded, such claims become time-barred within one year from their origin.
Claims by Webop for payment become time-barred in five years, deviating from § 195 BGB. § 199 BGB applies regarding the start of the limitation period.

7. Liability for Damages

Webop is not liable for the surgical techniques shown in the video recordings. The responsibility for the method of performing a surgery lies solely with the performing physician. The procedures shown may involve methods that deviate from established surgical standards.
Liability for breach of contractual obligations and tort is limited to intent and gross negligence. This does not apply to injuries to life, body, and health, or in the case of essential contractual obligations (cardinal duties), where breach would endanger the contract's purpose, as well as compensation for delay damages (§ 286 BGB).

8. Data Protection

Customer data is stored and processed electronically to the extent necessary for business and permissible under the Federal Data Protection Act. The data protection regulations listed under 'Data Protection' in the homepage main menu are part of this LI.

9. Miscellaneous Provisions

9.1 The place of fulfillment and payment is the business location of Webop.
9.2 If the customer has no general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of Webop.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the court responsible for Webop's business location.
9.3 Legally significant declarations and notices from the customer to Webop must be in writing.
9.4 Should one or more provisions be or become invalid, the validity of the remaining provisions shall not be affected.
9.5 All legal relationships from this contract are subject to the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
License Agreement (LI) as of June 1, 2025.