TERMS AND CONDITIONS

The terms and conditions (“terms”) set forth the terms of this business-to-business contract by which the Customer has agreed to purchase, and 3Shape has agreed to supply, the Products and services in the order the Customer submits and 3Shape accepts via the 3Shape ecommerce platform and, unless the parties otherwise agree, each subsequent order between the parties.

1. DEFINITIONS

1. “3Shape” means, collectively 3Shape A/S and 3Shape TRIOS A/S.
2. "3Shape Account" is the account used on the eCom platform or any of the 3Shape platforms. The account will be created by or for the Customer if the Customer does not already have a 3Shape Account prior to the purchase.
3. “Customer” means, collectively, the entity identified as the owner of the 3Shape Account and any affiliate identified on the Order.
4. “Customer Data” means data and information that Customer provides or makes available to 3Shape in connection with the Order or Customer’s use of Software, including information concerning Customer’s patients, suppliers, employees, and agents.
5. “Documentation” means the instruction manuals and videos, service manuals and videos, and other similar materials that 3Shape provides or makes available to Customer and relating to a Product.
6. “EULA” means the End User License Agreement accompanying the Software as available at EULA page.
7. “Intellectual Property Rights” means all copyrights, patents, trade secrets, trademarks, trade-mark rights, service marks, trade names, industrial designs, discoveries, inventions (whether patented or not), developments or other intellectual proprietary rights registered or recognized by EU or national law.
8. “Law” means all applicable laws, rules, statutes, decrees, decisions, orders, regulations, judgments, codes, ordinances, and requirements of any government authority (EU or national) having jurisdiction.
9. “Order” has the meaning given in Section 2(b) below.
10. “Product” means Software.
11. “Services” means any training, and support services provided to Customer by 3Shape, in each case as specified by the Order.
12. “Software” means the software program(s), firmware, program interfaces and any tools or object libraries embedded in the software, identified on the Order as being licensed to Customer by 3Shape and includes any customizations, updates, enhancements and error corrections to the Software.
13. “Warranty Period” means the twelve (12) month period following the date of delivery.

2. CUSTOMER ACCOUNT; ORDERS

1. Customer Account. Customer must keep its 3Shape Account profile up to date with accurate information, including contact information, office location, scanners payment card or other payment information. Customer is solely responsible for maintaining the confidentiality of its account and password and for restricting access to its account. Customer is solely responsible for all activities that occur under its account or password. 3Shape never asks Customers for their password, and Customers should never reveal their 3Shape password in any forum. 3Shape is not responsible for unauthorized access to Customer's account. Customer is not permitted to sell or otherwise transfer its account without prior written approval from 3Shape.
2. Orders. The Order will be deemed accepted only when 3Shape sends an email to Customer accepting the Order (such accepted Order being referred to in these Terms as an "Order"). 3Shape's confirmation on the 3Shape eCommerce Platform that it has received an Order or processed payment does not constitute acceptance. Each accepted Order will be deemed a separate agreement between the parties, governed by these Terms.
3. Quotations. Customer, before placing an Order, may request that 3Shape provide Customer with a quotation. Quotations are valid for 30 days unless anything else is stipulated in the quote.
4. Cancellation; Returns. Software purchased may not be cancelled or returned.

3. CUSTOMER DATA

1. Customer Data. 3Shape acknowledges that the Customer Data is the Confidential Information of the Customer and the Customer Data is, and will, remain the sole and exclusively property of the Customer. In compliance with applicable data protection laws, Customer grants 3Shape an irrevocable, perpetual, assignable, worldwide, royalty-free, fully paid right to use, modify, copy, process, display and prepare derivative works of the Customer Data (i) for purposes of 3Shape performing its obligations under these Terms and the Order, (ii) to standardize, validate, aggregate and process the data in Order to create aggregated and summarized data of the Products that may be used by 3Shape or its affiliates as a data source in connection with the provision of Services to Customer and other 3Shape customers, and (iii) internally by 3Shape for analytical purposes, including to enhance and create 3Shape proprietary algorithms; provided in no event will 3Shape provide any third party with personally identifiable information (including personal health information and PHI originating from such Customer Data. Notwithstanding any other term of these Terms or the Order, 3Shape may access and use, and will retain all right, title and interest in transactional and performance data related to use of the Product collected by 3Shape.
2. Patient Consent. The Customer indemnifies 3Shape for any failure to obtain necessary patient consent in relation to the transfer of any personal data to 3Shape necessary for the use of the software, including but not limited to data transferred via the 3Shape Unite platform.

4. SOFTWARE

1. Software License. 3Shape grants Customer a personal, non-exclusive, non-transferable license (with no right to sublicense or resale) under 3Shape's Intellectual Property Rights to use (i) firmware and other Software embedded in, integrated with or otherwise supplied with Equipment solely for use with the Equipment, and (ii) the number of copies of the Software (if any) specified in the Order solely for Customer's internal business purposes. The license will be for the object code only and will be further limited as provided by the Order. 3Shape may launch new releases of the Software at any time at its sole and absolute discretion. Customer will be responsible for ensuring that all users it authorizes to access and use the Software comply with these Terms, the Order, and the EULA. Customer will be liable for any breach of these Terms, the Order, or the EULA by any such authorized user.
2. Limitations. Customer will not alter, modify, decompile, disassemble, reverse engineer, translate, or create derivative works based on, the Software. Without limiting the foregoing, Customer will not reproduce, copy, translate, publish, or use the Software for the benefit of any third party, nor permit any third party to use the Software, without 3Shape's prior written consent. Customer will not use the Software to process data for the benefit of any third party on a "service bureau" basis or otherwise.
3. Operating Environment. Customer acknowledges that the Software is designed to operate in an environment as specified in the applicable Software Documentation.

5. FEES; PAYMENT TERMS

1. Prices. The prices for the Products will be as set forth in the Order. Prices may be indicated on 3Shape's website, but the authoritative price in the event of any discrepancy, is the price set forth in the Order. If the price of a Product or Service is obviously incorrect, regardless of whether it is an error in a price posted on the 3Shape website, eCommerce Platform or otherwise communicated to Customer, 3Shape reserves the right, at 3Shape's sole discretion, to cancel an Order and refund Customer the amount paid, regardless of how the error occurred.
2. Taxes and Fees. Customer will be solely responsible to pay when due any and all taxes, assessments, levies and fees, and any and all other charges, interest and penalties, now or hereafter imposed by any government authority relating to the license granted or services rendered to Customer, excluding taxes based upon the net income of 3Shape.
3. Payment Terms.
   1. Payment will be made by the payment method selected during the Order completion process through the 3Shape eCommerce Platform. 3Shape will charge Customer's credit or debit card upon Order completion or commencement of Services. 3Shape reserve the right to verify and/or authorize credit or debit card payments prior to accepting an order. 3Shape will have no obligation to process any Order until it has verified Customer's payment method.
   2. Customer authorizes 3Shape to charge Customer's credit card for the initial fees and any relevant renewal fees for the Products and Services. For this purpose, the Customer must at all times have a valid payment method registered. Customer acknowledges that 3Shape's third party payment provider receives and stores Customer's credit card information for this purpose. If 3Shape is unable to process Customer's payment using Customer's designated payment method, 3Shape reserves the right to charge any payment method it has on file for Customer or that 3Shape obtains through a payment card "updater" service or other similar means.
   3. Where the Order contemplates that the payment will be done as a bank transfer, each invoice will be due and payable in full by the due date specified on the invoice, and if no date is specified on the invoice, within thirty (30) days of the date of invoice. If Customer fails to pay invoiced amount when due, unpaid amounts will accrue interest at the lesser of (A) one and one-half percent (1.5%) per month or (B) the maximum rate allowed by Law. Customer will reimburse 3Shape for any and all costs and expenses (including but not limited to court costs, legal expenses and reasonable attorney fees), incurred in collecting or attempting to collect any amounts due and outstanding from Customer to 3Shape.
   4. If and to the extent Customer elects to finance the purchase of Products or Services including through a finance company affiliated with 3Shape, Customer (as between Customer and 3Shape) will be solely responsible for its relationship with the lender or lessor, provided, that Customer will address any issues or problems relating to the Products, 3Shape Services or 3Shape's performance of these Terms or any Order solely with 3Shape and not with the lender or lessor.
   5. 3Shape may provide links to other third party websites or resources in relation to the purchase process. 3Shape is not responsible for the security of such external sites or resources and does not endorse nor is responsible or liable for any con-tent, advertising, products, or other materials on or available from such sites or resources. 3Shape is not responsible or liable, either directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of, inability to use or reliance on any such privacy policy, content, goods or services available on third party sites or resources.
   6. 3Shape will not be responsible for any misdirected payments by Customer as a result of cyber fraud (e.g., phishing) or Customer error.
   7. Without limiting 3Shape's rights and remedies under these Terms or Law, 3Shape will be entitled to immediately suspend Customer's access to and use of Products and Services if 3Shape does not receive payment of fees in full when due.

6. SOFTWARE SUBSCRIPTIONS

1. As for free trials, 3Shape may impose restrictions on the type of Customer who can commence a free trial. Such eligibility criteria may include 3Shape Account role; country; the Customer's previous usage of free trials; and restrictions related to promotions. The duration of a free trial, and the software or feature types covered by the free trial, may vary depending on the promotion. 3Shape reserves the right to change or discontinue free trials without prior notice.
2. Free trials are automatically converted to paid subscriptions unless 3Shape receives a cancellation request at least 24 hours prior to expiry of the free trial. If the cancellation request is not submitted within the specified timeframe, the Customer acknowledges and agrees to the charges associated with the paid subscription. See support.3shape.com for more information on how to cancel.
3. Subscriptions are automatically renewed unless 3Shape receives a cancellation request at least 24 hours prior to expiry of the free trial. If the cancellation request is not submitted within the specified timeframe, the Customer acknowledges and agrees to the charges associated with the renewed subscription. See support.3shape.com for more information on how to cancel.
4. 3Shape may terminate a free trial or subscription if the customer is in breach of these terms or other applicable terms, including 3Shape software terms and terms of use.

7. TRAINING

1. 3Shape may offer training and in its discretion, may charge a fee.
2. Customers must seek 3Shape-authorized training from 3Shape.

8. SUPPORT SERVICES

1. 3Shape commits to offer remote support. 3Shape may at its discretion charge a fee for offering support. Customer may contact support.

9. PROPRIETARY RIGHTS

1. 3Shape (or third party licensor(s) having licensed such rights to the 3Shape) will retain all Intellectual Property Rights in and to the Products, Services and Documentation, and Customer during or at any time after the expiry or termination of these Terms and the Order will not in any way question or dispute the own-ership thereof by 3Shape (or the third party licensor(s), as the case maybe). Customer will not alter, obscure, remove, conceal or otherwise interfere with any eye-readable or machine-readable marking on or in the Products or its packaging which refers to 3Shape as author or developer of the Products or oth-erwise refers to the 3Shape's copyright or other Intellectual Property Rights in the Products.

10. EXPRESS WARRANTIES; DISCLAIMERS

1. Service Warranty. 3Shape warrants that the Services provided by 3Shape pursuant to these Terms and the Order will be of a competent and professional quality and performed in a compe-tent and professional manner. The sole and exclusive remedy for a breach of this warranty is for 3Shape to re-perform the defective Services in a timely manner.
2. Disclaimer of Warranties. The Products and Services are not intended to diagnose disease, prescribe treatment, or perform any other tasks that constitute or may constitute the practice of medicine or of other professional or academic disciplines. The Products require the involvement of professional personnel. The Services and information provided by 3Shape to Customer and its authorized users is not intended to be a substitute for the advice and professional judgment of a professional dental/clinical personnel, as applicable. Customer and its authorized users will use their best clinical/professional judgment when acting upon information provided through the Products, Services or Documentation. Neither 3Shape nor its subcontractors are responsible for decisions made or actions taken or not taken in the use of the Products, rendering dental or clinical care or for information provided to insurance companies, governmental agencies, or other payers.
3. Errors or omissions. 3Shape is not responsible for any errors or omissions or for any loss or damage resulting from the Products, including Customer's reliance on the Documentation, technical advice, illustrations, representations as to quality or capabilities (whether oral or in writing), or any other information unless otherwise set forth in these Terms.
4. No Oral Warranties. No employee, agent or representative of 3Shape has the authority to bind 3Shape to any oral representation or warranty concerning the Products or Services. ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED IN THESE TERMS WILL NOT BE ENFORCEABLE BY CUSTOMER.

11. CONFIDENTIALITY

1. The term "Confidential Information" for the purposes of these Terms will mean all confidential and proprietary information and trade secrets (whether or not in writing and whether or not patentable or copyrightable), owned or possessed by either party (the "Disclosing Party") and disclosed by such party to the other party (the "Receiving Party") prior to the expiration or termination of these Terms and the Order, including any data processes, computer or software products or programs, data, know-how, marketing or business plans, analytical methods and procedures, technology, financial infor-mation, manufacturing information and procedures; provided, that Confidential Information will not include information sup-plied to the Receiving Party that
   1. is or becomes available to the public other than as a result of disclosure by the Receiving Party or its employees in violation of these Terms;
   2. was known to the Receiving Party prior to disclosure pursuant to these Terms and the Order, as shown by written record, and was not otherwise restricted by contract or Law;
   3. becomes available to the Receiving Party, as supported by documentary evidence, on a non-confidential basis from a third party not re-stricted by contract or Law regarding such information;
   4. is disclosed with the prior written consent of the Disclosing Party. The Disclosing Party has the right to inspect the Receiving Par-ty's records to determine the source of any Confidential Infor-mation claimed to be within any of the above exceptions. If the Receiving Party is directed to disclose Confidential Information pursuant to a judicial order or decree, it will first use reasonable efforts to provide the Disclosing Party with advance notice to permit the Disclosing Party to seek a protective order and oth-erwise restrict the disclosure of Confidential Information.
2. The Receiving Party will use the Disclosing Party's Confidential Information solely for the purposes contemplated in these Terms and the Order and will use the same degree of care in safeguarding the Disclosing Party's Confidential Information as it uses for its own confidential or like information. The Receiv-ing Party will not disclose the Confidential Information of the Disclosing Party to any other party or use the Disclosing Party's Confidential Information other than as required under these Terms or the Order; provided, however, that such Confidential Information may be disclosed to or used by employees, con-sultants or agents of the Receiving Party who need to know or use the same for the purposes contemplated by these Terms and the Order and who are subject to a contractual obligation not to disclose any of the Confidential Information obtained in the course of its relationship with the Receiving Party.
3. Except as otherwise provided in these Terms, upon written re-quest of the Disclosing Party the Receiving Party will return to the Disclosing Party all electronic media and all written material in any form whatsoever that contains the Disclosing Party's Confidential Information, including all internal notes, memo-randa, and all copies, extracts or other reproductions thereof.
4. The Receiving Party will promptly notify the Disclosing Party of any breach of these confidentiality provisions committed by any person to whom the Receiving Party has disclosed Confidential Information, will cooperate with the Disclosing Party in its ef-forts to remedy the breach, and will indemnify the Disclosing Party against all costs, expenses, and damages (including rea-sonable attorneys' fees) attributable to any such breach.
5. The parties acknowledge that remedies at Law may be inade-quate to protect against a breach of the provisions of this Sec-tion and both parties consent to the grant of injunctive relief or a restraining order in favor of the other party without proof of actual damages for any breach of this Section.
6. This confidentiality obligation shall remain applicable from pro-vision of the confidential information and for a period of 5 (five) years thereafter.

12. TERMINATION

1. Termination. If either party commits a material breach of these Terms or the Order, the other party by written notice may terminate the applicable Order. Such termination notice will take effect on the eighteen (18th) day following the breaching party's receipt of the notice unless the breaching party cures its breach within the applicable period, except that if the breach is not capable of cure within such period, termination notice will take effect immediately upon receipt by the breaching party.
2. Effect of Termination. Upon the effective date of termination:
   1. 3Shape may immediately terminate 3Shape eCommerce Platform access and its provision of Products or Services;
   2. Customer will promptly pay 3Shape any and all unpaid amounts due and owing; and
   3. 3Shape may, at its sole and absolute discretion, terminate any and all Orders, including pending Orders, for Products and Services and refuse to accept any future Orders from Customer. All provisions of these Terms that would, by its nature, be expected to survive termination of these Terms (whether or not so expressly stated), will survive the expiration or termination of these Terms.

13. INDEMNIFICATION, LIMITATIONS OF LIABILITY, INSURANCE AND LEGAL COMPLIANCE

1. Indemnification. Customer, at its expense, will indemnify, de-fend, and hold the 3Shape and its affiliates and their respective officers, directors, employees, contractors, agents, successors and assigns, harmless from all costs, expenses, damages, liabili-ties, losses and judgments, including attorneys' fees and legal expenses (collectively, "Losses"), and threatened Losses relating to a third party claim arising from, or in connection with
   1. Customer's breach of these Terms and the Order,
   2. Customer's negligent acts or omissions and
   3. Customer's failure to com-ply with applicable Law, except to the extent that any such Loss-es arise out of, are based upon, or result from the gross negli-gence or willful misconduct of 3Shape.
2. Limitations of Liability. UNLESS OTHERWISE REGULATED IN THE FOLLOWING CLAUSES, 3SHAPE SHALL ONLY BE LIABLE, IRRESPECTIVE OF THE LEGAL BASIS, FOR DAMAGES CAUSED BY INTENTIONAL OR GROSS NEGLIGENT CONDUCT OF 3SHAPE, ITS REPRE-SENTATIVES OR EXECUTIVES:
   1. IN PARTICULAR, 3SHAPE WILL NOT BE LIABLE FOR INCI-DENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE OR LOST PROFITS, LOSS OF DATA, LITI-GATION EXPENSE, DAMAGE TO REPUTATION, LOSS OF BUSI-NESS OR ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR SERVICES, PERFORMANCE, FAILURE, USE OR INTERRUPTED USE OF THE PRODUCTS OR SERVICES OR ANY COMPONENT THEREOF, OR FROM 3SHAPE'S NEGLIGENCE. 3SHAPE'S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THE PRODUCTS OR SERVICES, 3SHAPE'S PERFORMANCE OR BREACH HEREOF, WILL NOT: (A) WITH RESPECT TO CLAIMS ARISING OUT OF THE SOFTWARE OR SERVICES, EXCEED THE TOTAL OF ALL SUMS PAID BY CUSTOMER TO 3SHAPE FOR THE AFFECTED SOFTWARE OR SERVICE UNDER THE ORDER DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION INITIALLY AROSE; AND (B) WITH RESPECT TO EQUIPMENT, EX-CEED TOTAL FEES PAID BY CUSTOMER TO 3SHAPE FOR THE EQUIPMENT UNDER THE ORDER, AMORTIZED OVER A PERI-OD OF (FIVE (5)) YEARS.
   2. CUSTOMER ACKNOWLEDGES THAT THE DISCLAIMER OF WARRANTY IN SECTION 11 AND THE LIMITATION OF LIABILITY IN THIS SECTION ARE ESSENTIAL PARTS OF THESE TERMS, WITHOUT WHICH 3SHAPE WOULD NOT ENTER INTO THESE TERMS. CUSTOMER ACKNOWLEDGES THAT THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION SETS FORTH AN ALLOCATION OF RISK REFLECTED IN THE FEES AND PAY-MENTS DUE HEREUNDER.
   3. ANY LIABILITY FOR CLAIMS ARISING FROM INJURY TO LIFE, BODY OR HEALTH SHALL ONLY BE EXCLUDED TO THE EXTENT THAT SUCH EXCLUSION IS COMPATIBLE WITH APPLICABLE NATIONAL LAW.
3. Customer Insurance. Customer will maintain commercial general liability insurance and medical malpractice insurance in an amount that complies with the Laws of the jurisdiction in which the Products are used.
4. Compliance with Laws. Customer will comply with all Laws applicable to Customer's use of the Products, including but not limited to, promotional activities and all rules of the relevant EU and national authorities. Customer acknowledges that applicable law requires that the Products may only be sold to a Dentist or other legally qualified healthcare professionals.
5. Customer undertakes to report any incidents that shall be reported in accordance with any applicable laws and regulations, especially Regulation (EU) 2017/745 of 5 April 2017 on medical devices (or subsequent versions thereof), insofar as they are related to the Products, even if the incidents do not simultaneously constitute a warranty case.

14. APPLICABLE LAW; DISPUTE RESOLUTION; ATTORNEYS' FEES

1. Applicable Law and Jurisdiction. These Terms and the Order will be governed by, and construed in accordance with, the laws of Denmark without regard to conflict of law principles and the CISG (the 1980 United Nations Convention on Contracts for the International Sale of Goods), and unless otherwise stated the general rules of Danish law apply to the relationship between the Parties.
2. Dispute Resolution. Any dispute arising out of or in connection with these Terms and the Order, including any disputes regarding the existence, validity or termination of these Terms and/or the Order, shall be settled by arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The place of arbitration shall be Copenhagen, Denmark. The arbitration shall be conducted in the English language.

15. GENERAL PROVISIONS

1. Independent Status of Parties. Nothing contained in these Terms or the Order, nor in the relationship created by the Order, will be interpreted to evidence a joint venture, partnership or principal-agent relationship between 3Shape and Customer. Neither party will have any right or authority to act on behalf of, or incur any obligation for, the other party. 3Shape will have sole responsibility for the withholding of all income taxes, unemployment insurance tax, social security tax, and other withholding with respect to payments made by 3Shape to 3Shape's employees and other persons performing services pursuant to these Terms.
2. Nonexclusive Agreement; Assignment. It is expressly understood and agreed that these Terms and the Order do not grant to Customer any exclusive right to do business with 3Shape. Customer may not assign its rights or obligations under any Order or these Terms without the 3Shape's prior written consent.
3. Force Majeure. 3Shape will not be responsible for delays or fail-ure in performance resulting from acts beyond the control of 3Shape, including acts of God, terrorist attacks, strikes, lock-outs, riots, acts of war, epidemics, pandemics, public health crises, fire, communication line failures, power surges or failures, earthquakes, or other disasters.
4. Sole Agreement. These Terms and the Order, including any attachments to the Order, constitutes the complete agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. If there is a conflict between a provision of these Terms and the Order, these Terms will control except as to terms specifically identified in a particular Order as modifying or amending a specific provision of these Terms, which terms will control over that particular provision in these Terms for that Order only.
5. Amendment. 3Shape may amend these Terms at any time by notice provided to Customer, and Customer's continued use of the Products at any point at least thirty (30) days after the notice date will constitute Customer's acceptance of the amended Terms.
6. Waiver; Severability. No waiver of any breach of any provision of these Terms and the Order by either party or the failure of either party to insist on the exact performance of any provision of these Terms or the Order will constitute a waiver of any prior, concurrent, or subsequent breach of performance of the same or any other provisions of these Terms or the Order, and no waiver will be effective unless made in writing. If any of the provisions of the Order or these Terms will be deemed to be or become invalid or contrary to public policy or unenforceable under applicable law, the provision will be deemed removed and neither party will be bound by the provision. Such removal, however, will not invalidate or render unenforceable the remaining provisions of the Order or these Terms. Instead, the entire Order and these Terms will be construed as though it never contained the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties will be construed and enforced accordingly.
7. Interpretation. In these Terms, (a) any terms defined in these Terms may, unless the context otherwise requires, be used in the singular or the plural, (b) any use of the masculine, feminine or neutral will be deemed to include a reference to each of the other genders, (c) the words "includes" or "including" will be construed as followed by the words "without limitation," and (d) references to section numbers are to sections of these Terms unless the context otherwise requires.
8. Notices. All notices, requests, demands and other communications that are required or permitted to be given under these Terms and the Order will be in writing. Any notice provided to Customer by 3Shape will be sent via electronic mail to the address set forth in the 3Shape Account and will be deemed to have been duly given that same day if sent on a business day, otherwise, the following business day. Any notice to 3Shape must be in writing and will be deemed to have been duly given
   1. upon receipt if delivered in person, or
   2. within three business days of mailing, if mailed first class certified, registered mail, return receipt requested and postage prepaid, or
   3. the following business day if sent by recognized courier, with proof of delivery requested and charges prepaid, to the attention of General Counsel, 3Shape A/S, Holmens Kanal 7, 1060 Copenha-gen, Denmark or to such other address as 3Shape may specify by written notice to Customer, with a required copy to [email protected].
9. No Third Party Beneficiaries. There are no third party beneficiaries to these Terms or the Order.
10. If any clause in these Terms is found by a competent court or arbitration court to be invalid or unenforceable, that construction does not affect the remainder of these Terms which shall be given full force and effect without regard to the invalid or unenforceable clause. If any valid and enforceable means is reasonably available to achieve the same objective as the invalid or unenforceable clause, the competent court shall apply such alternative means to achieve the same objective.