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Inobitec DICOM Viewer end user license agreement

END-USER LICENSE AGREEMENT

Last updated: October 2019

Important! Before you begin using the Program below (including downloading, copying, installing, launching), please carefully read the terms of use, contained in this Agreement.

Any start-up of the Program means the proper conclusion of this Agreement and your full unconditional consent to all its terms.

If you do not agree to unconditionally accept the terms of this Agreement, you do not have the right to use the Program and must delete it, as well as all its components and data from all your computers and other electronic devices.

This End User License Agreement (hereinafter referred to as the Agreement) is a legally binding agreement concluded between INOBITEC LLC and you, the end user, and applies to the following Program:

"Software for the visualization, archiving and export of medical images "INOBITEC", registration certificate for a medical device dated April 18, 2019 No. RZN 2019/8294 (certificate of state registration of computer programs No. 20144610255 dated November 12, 2013) - Inobitec DICOM -Viewer, version 1.14.2.

 

1. BASIC TERMS

1.1. INOBITEC LLC, INOBITEC Company, INOBITEC, the Copyright Holder is a Limited Liability Company INOBITEC, registered at the address: 394006, Russia, Voronezh, Bakhmetieva st., 2B, office II.

1.2. Inobitec DICOM Viewer is a computer program designed for visualization, archiving and exporting of medical images (medical DICOM data), as well as any subsequent updates, the copyright of which is owned by INOBITEC LLC.

1.3. You, the User - any individual or legal entity that has acquired / received / uses the Program.

1.4. A program is a copy of the aforementioned computer program (both in general and its components), which is an objective set of data and commands, including source code, included by INOBITEC LLC as part of the specified computer program, as well as any documentation for its use.

1.5. Technical documentation, User Guide - accompanying electronic documents contained in the archive with the Program, which the User downloads from the Website's web page: https://inobitec.com/eng/manual/dicomviewer/, as well as electronic files available to the User for review on the Web site page: https://inobitec.com/eng/manual/dicomviewer/, the copyright of which is owned by INOBITEC LLC. The Copyright Holder reserves the right to update the electronic version of the User Guide on the Website of the Copyright Holder at the above Web addresses if necessary.

1.6. Use of the Program - any actions related to the functioning of the Program in accordance with its purpose.

1.7. Activation is an action aimed at registering a Program for a specific User, namely entering a License Key by a specific User, carried out in the manner provided for by this License Agreement.

1.8.The license key is a set of numbers (digital code), which is a technical copyright protection tool designed to activate the Program.

1.9. Demo version is a version of the Program with a set limit on the period of its use, which is intended solely for the purpose of self-examination, evaluation and verification by the User of the program’s functionality.

1.10. Revision (s) - a specific modification (execution option) of the Program, characterized by a certain set of functional capabilities available to the User.

1.11. Additional (s) module (s) - a separate module of the Program, characterized by a specific set of functionalities, available to the User for inclusion in a specific Edition of the Program for an additional fee.

1.12. Technical support - measures carried out by INOBITEC LLC within the limits and volumes established by it to ensure the functioning of the Program, including information and consulting support for Users regarding the use of the Program.

1.13. Agreement, Account-offer (License Agreement) - a document on the basis of which INOBITEC LLC or another person having the appropriate rights, provided the User with the Program for its use on the terms of this Agreement.

1.14. Applicable law - the current legislation of the Russian Federation.

2. SUBJECT OF THE AGREEMENT

2.1. INOBITEC LLC grants the User the right to use the Program (simple non-exclusive license), subject to all the restrictions and conditions for using the Program in accordance with its technical documentation, functionality and the terms of this Agreement, taking into account the number of paid licensed copies of the Program in the appropriate edition, and if any , or the absence of paid additional modules specified in section 6 of this Agreement.

2.2. All provisions of this Agreement apply both to the Program as a whole and to its individual components.

2.3. This Agreement is concluded before or immediately at the time of starting of the Program and is valid for the entire period of its legitimate use by the User within the validity period of copyright to it, provided that the User properly observes the terms of this Agreement.

2.4. INOBITEC LLC provides the User with the right to use the Program without any restrictions on the territory on the terms and in the manner provided for by this Agreement.

3. COPYRIGHTS AND TRADEMARKS

3.1. The program is the result of the intellectual activity and the copyright object of INOBITEC LLC, Voronezh, Russia (OGRN 1103668008070) (hereinafter referred to as INOBITEC LLC or the Copyright Holder) on the basis of the Registration Certificate for the medical device dated April 18, 2019 No. РЗН 2019/8294 and the Сertificate of State Registration of the computer program No. 20144610255 of November 12, 2013

3.2. The program operation algorithms and its source codes (including their parts) are a commercial secret of the INOBITEC Company. Any use of them or use of the Program in violation of the terms of this Agreement is considered as a violation of the rights of the INOBITEC Company and is a sufficient reason to deprive the User of the rights granted under this Agreement.

3.3. INOBITEC Company guarantees that it has all the rights necessary under this Agreement to provide them to the User, including the documentation for the Program.

3.4. Responsibility for copyright infringement occurs in accordance with the applicable Law.

3.5. By this Agreement, the User is not granted any rights to use the Trademarks and Service Marks of the INOBITEC Company.

3.6. To protect copyrights and limit the use of the Program, the Copyright Holder uses various technical means of protection, including the License key.

4. TERMS OF USE OF THE PROGRAM AND RESTRICTIONS

4.1. This Agreement provides the right to install, launch and use one copy of the Program within the functionality of the corresponding edition and the corresponding additional modules to it.

4.2. The user under no circumstances can:

4.2.1. delete or change the appearance of information and information about the copyright, trademark rights or patents specified in the Program,

4.2.2. convert the object code of the Program into the source text,

4.2.3. make any changes to the object code or components of the Program, except for those that are made by the means included in the package of the Program and described in the documentation,

4.2.4. use the same License key simultaneously on more than one computer,

4.2.5. distribute or transmit the Program on any conditions other than those established by the Agreement,

4.2.6. distribute the Program and its components on any external network, including the Internet, as well as the software created on the basis of the Program, in any form, including in the form of source code, in any way, including renting out. The User is not allowed to use the Program in any way if such use is contrary to or leads to a violation of the Agreement or applicable Law. In this case, the User is allowed to store, install and distribute a copy of the Program in the internal local network to ensure access to it from the other computers of this network.

5. ASSIGNMENT (TRANSFER) OF RIGHTS

5.1. The user, with the exception of cases established by this Agreement, has the right to assign (transfer) in full his rights and obligations under this Agreement to another User only subject to the conclusion of the relevant Sublicense Agreement with INOBITEC. The specified right to assign (transfer) is not granted to those Users who have received the right to use the Program as a result of a similar assignment (transfer).

5.2. Assignment (transfer) of rights and obligations is carried out only with the full and unconditional consent of the new user with all the terms and conditions of this Agreement and the Agreement.

5.3. Losing (transferring) the right to use the Program, the User agrees to completely destroy all copies of the Program installed on the user's computers, including backup ones.

5.4. The user is obliged to provide INOBITEC LLC with full data (all information requested by INOBITEC LLC) about the new user in order to re-register the Program to him in accordance with this Agreement.

6. EDITIONS AND ADDITIONAL PROGRAM MODULES

6.1. License of the Program as amended by Lite (Lite):

6.1.1. The Program license in the edition (version) Lite (Lite) (hereinafter referred to as the Lite License) is granted to the User on the basis of the Agreement from the day the User activates the License Key without limitation on the duration of the License by the Copyright Holder, unless otherwise provided by the Agreement.

6.1.2. The Copyright Holder guarantees the User that he will be given the right (opportunity) to independently install new versions (updates) of the Lite License from the Web page: https://inobitec.com/eng/downloads/dicomviewer/ for one year from the date the User activates the License Key.

6.1.2.1. At the end of the specified period, the User has the right to continue using his version of the Program without the right (ability) to independently install new versions (updates) of the Lite License from the Web page: https://inobitec.com/eng/downloads/dicomviewer/, or renew (right) the ability to independently install new versions (updates) of the Lite License from the Web page: https://inobitec.com/eng/downloads/dicomviewer/ within the next one year (next term) on the basis of the Agreement, or the next few years (up to three years) if it is provided for by the Agreement.

6.1.2.2. The User agrees and confirms his understanding that the installation of new versions (updates) of the Program does not entail a new grant of rights to use the Lite License or an extension of the right (ability) to install new versions (updates) of the Lite License within the next one year (next term).

6.1.3. The Lite license grants the right to use the Program without restrictions on the composition and content of the functionality of the Lite License in accordance with the functionality of the Lite License stated in the technical documentation (User Guide).

6.1.4. The Copyright Holder does not guarantee the Lite License User any increase or expansion of the Lite License functionality stated in the technical documentation (User Guide) in terms of composition and / or content in new versions (updates) of the Lite License.

6.1.5. Activation of the Lite License by entering the License key provided by the Copyright Holder on the basis of the Agreement must be carried out without fail by entering this License key in the corresponding field of the License key input dialog of the Help section, the License section of the Program main menu, using one of the methods provided for in the technical documentation (User Guide).

6.1.6. The rights to all new versions (updates) of the Program are provided to the User within the framework and during the term of the Lite License under the terms of this Agreement, unless upon updating the Program the User is invited to read and accept additions to this Agreement or a new Agreement.

6.1.7. During the entire term of the Lite License, the User is not entitled (is not endowed by the Copyright Holder with the technical ability) to transfer to a License of a different edition (another version).

6.2. Software License as amended by Pro (Pro):

6.2.1. The License of the Program as amended (version) Pro (Pro) (hereinafter referred to as the Pro License) is granted to the User on the basis of the Agreement from the day the User activates the License Key without limitation on the duration of the License by the Copyright Holder, unless otherwise provided by the Agreement.

6.2.2. The Copyright Holder guarantees the User that he will be given the right (opportunity) to independently install new versions (updates) of the Pro License from the Web page: https://inobitec.com/eng/downloads/dicomviewer/ for one year from the date the User activates the License Key.

6.2.2.1. At the end of the specified period, the User has the right to continue using his version of the Program without the right (ability) to independently install new versions (updates) of the Pro License from the Web page: https://inobitec.com/eng/downloads/dicomviewer/, or renew (right) the ability to independently install new versions (updates) of the Pro License from the Web page: https://inobitec.com/eng/downloads/dicomviewer/ within the next one year (next term) on the basis of the Agreement, or the next few years (up to three years) if it is provided for by the Agreement.

6.2.2.2. The User agrees and confirms his understanding that the installation of new versions (updates) of the Program does not entail a new grant of rights to use the Pro License or an extension of the right (ability) to install new versions (updates) of the Pro License within the next one year (next term).

6.2.3. The Pro license grants the right to use the Program without restrictions on the composition and content of the functionality of the Pro License in accordance with the functionality of the Pro License declared in the technical documentation (User Guide).

6.2.4. The Copyright Holder guarantees the Pro License User an increase and / or expansion of the functionality of the Pro License, as stated in the technical documentation (User Guide), in terms of composition and / or content in new versions (updates) of the Pro License.

6.2.5. Activation of the Pro License by entering the License key provided by the Copyright Holder on the basis of the Agreement must be carried out without fail by entering this License key in the corresponding field of the License key input dialog of the Help section, the License section of the Program main menu, using one of the methods provided for in the technical documentation (User Guide).

6.2.6. The rights to all new versions (updates) of the Program are provided to the User within the framework and during the term of the Pro License under the terms of this Agreement, unless upon updating the Program the User is invited to read and accept additions to this Agreement or a new Agreement.

6.2.7. Throughout the entire duration of the Pro License, the User is not entitled (is not endowed with The Copyright Holder the technical ability) to transfer to a License of a different edition (another version).

6.3. Additional modules of the Program in the Pro edition (Pro):

6.3.1. Under the Pro License, under the terms of the Agreement, the User is granted the right (opportunity) to use the additional modules (hereinafter referred to as the Licenses for the Additional Modules) from the day the User activates the License Key without limitation on the duration of the Pro License or the Licenses for the Additional modules by the Copyright Holder, unless otherwise provided by the Agreement.

6.3.2. The Copyright Holder guarantees the User that he will be given the right (opportunity) to independently install new versions (updates) of the Pro License with activated Licenses for the Additional Modules from the Web page: https://inobitec.com/eng/downloads/dicomviewer/ within one year from the date of the activation by the User of the License key.

6.3.2.2. At the end of the specified period, the User has the right to continue using his version of the Program without the right (ability) to independently install new versions (updates) of the Pro License with activated Licenses for the Additional Modules from the Web page: https://inobitec.com/eng/downloads/dicomviewer/, or extend (the right) the ability to independently install new versions (updates) of the Pro License with activated Licenses for the Additional Modules from the Web page: https://inobitec.com/eng/downloads/dicomviewer/ within the next one year (next term) on the basis of the Agreement, or the next several years (up to three years) if provided for by the Agreement.

6.3.2.3. The user agrees and confirms his understanding that the installation of new versions (updates) of the Program does not entail a new grant of rights to use the Pro License with activated Licenses for the Additional Modules or the extensions of the right (ability) to install new versions (updates) of the Pro License with activated Licenses for the Additional Modules over the next one year (next term).

6.3.3. Licenses for the Additional Modules provide the right to use the Additional Modules without restrictions on the composition and content of the functionality of the licenses for the Additional modules in accordance with the functionality of the Licenses for the Additional Modules declared in the technical documentation (User Guide).

6.3.4. The Copyright Holder does not guarantee the User of the Licenses for the Additional Modules increasing and / or expanding the functionality of the Licenses for the Additional Modules declared in the technical documentation (User Guide) in terms of composition and / or content in the new versions (updates) of the Program for the Pro License with activated Licenses for the Additional Modules.

6.3.5. Activation of the Licenses for the Additional Modules by entering the License key provided by The Copyright Holder on the basis of the Agreement must be carried out without fail by entering this License key in the corresponding field of the License key input dialog of the Help section, the License subsection of the main menu of the Program using one of the methods provided for in the technical documentation (User Guide).

6.3.6. Rights to the all new versions (updates) of the Licenses for the Additional Modules are provided to the User within the framework and during the term of the Pro License with activated Licenses for the Additional Modules under the terms of this Agreement, unless upon updating the Program the User is invited to read and accept additions to this Agreement, or a new Agreement.

6.3.7. Throughout the duration of the Pro License with activated Licenses for the Additional Modules the User does not have the right (is not endowed by The Copyright Holder with the technical ability) to transfer to a License of a different edition (of another version), as well as to use activated Licenses for the Additional Modules separate from (outside) the Pro License.

6.4. License for the Demo version:

6.4.1. The user has the right to use the Demo version of the Program for a limited period of time equivalent to 1 month from the date of the initial installation of the Program without paying a fee to The Copyright Holder (free of charge).

6.4.2. Installing the Demo version means acceptance by the User of all the conditions of this Agreement. Upon the expiration of the established period for the use of the Demo version, the User is obliged to terminate its use, or enter into an Agreement (Offer (License Agreement)) or otherwise continue the lawful use of the Program.

6.4.3. INOBITEC Company is not responsible for the safety of the data entered by the User in the Demo version if, after the expiration of the specified period of use of the Demo version, the User does not start the legitimate use of the Program.

7. TECHNICAL SUPPORT

7.1. INOBITEC Company provides Technical Support to the User, including on the issues related to the functionality, installation and the operation features on standard configurations of supported (popular) operating and other systems of the Program in the manner and on the conditions specified in the technical documentation (User Guide) to it.

7.2. The User has the right to apply to the INOBITEC Technical Support Service without paying additional fees, unless a separate Agreement for the provision of Technical Support Services between The Copyright Holder and the User provides for a special (private) procedure for providing the Technical Support Services to the User for an additional compensation to The Copyright Holder, regulated by a separate Agreement.

7.3. In order to provide the Technical Support, INOBITEC Company has the right to require the User to provide the information regarding the number of the used version of the Program, the revision of the used version of the Program, the number of the license key issued or entered, the number of the product code, the technical characteristics of the computer that is being used and on the equipment. In certain special cases, in order to provide the Technical support and only with the prior consent (permission) of the User, the representatives of the Copyright Holder can connect to the computer (s) of the User to diagnose and / or fix problems, or to help with the configuration based on the pre-formed written application (s) or appeal (s) sent to the INOBITEC Technical Support Service by the representatives of the User.

7.4. Inquiries to the Technical Support Service of INOBITEC for technical support are accepted at support@inobitec.com.

8. RESPONSIBILITY OF THE PARTIES

8.1. For violation of the terms of this Agreement, liability shall be provided for in the Applicable Law.

8.2. INOBITEC Company is not liable to the User for any damage, any loss of income, profit, information or savings associated with the use or inability to use the Program, in the event of prior notification by the User of the possibility of such damage, or any third party claim.

8.3. The User is liable under the Applicable Law for the implementation of actions aimed at eliminating technical means of protection, as well as for disseminating methods of eliminating such protective equipment, including the following:

8.3.1. publication of the License Key of the Program issued by the Copyright Holder for free access for an unlimited number of people, including on the Internet;

8.3.2. any changes in the source or executable code of the Program with the aim of violating the copyright of the Copyright Holder and / or eliminating any restrictions on the use of the Program;

8.3.3. Dissemination of the information on methods for implementing the changes referred to in clause 8.3.2, including on the Internet.

8.4. If the User has suspicions of an unauthorized access to the License key, he undertakes to immediately inform about it at: support@inobitec.com for the subsequent deactivation and removal of such License key. Up to the specified message (notification) of the User, all actions with the License key (including activation) are considered to be committed with the consent of the User, on his behalf and in his interests.

9. LIMITED WARRANTY

9.1. The program is provided on an “as is” basis; INOBITEC does not guarantee that all of its functional capabilities will meet the expectations of the User or may be applicable for his specific purpose.

9.2. In any case, the INOBITEC Company, as well as the representatives of The Copyright Holder, cannot be assigned any responsibility for changing the Program, even if as a result of such a change the Program and its functionality cease (s) to meet the expectations of the User and / or such a change will cause the termination of the use of the Program by the User.

9.3. INOBITEC does not initiate and does not control the placement by the User of any information during the use of the Program, does not affect its content and integrity, and at the time of its placement and interaction with the User, it does not know and cannot know whether it violates the rights and interests of the third parties protected by law persons, international treaties and applicable law.

9.4. If errors are detected by the User when using the Program, INOBITEC will take all measures available to it to correct them as soon as possible. The parties agree that the exact determination of the error correction time cannot be established, since the Program closely interacts with other third-party computer programs, the operating system and hardware resources of the User’s computer, and the working capacity and the time to resolve the problems are not entirely dependent on the representatives of the company INOBITEC.

9.5. INOBITEC does not guarantee the uninterrupted operation of the Program, as well as new versions (updates), including in cases where the User changes the hardware resources and / or computer operating system (PC), or changes the settings of the Program that ensure its interaction with the other programs or hardware resources and devices for the third-party computers.

9.6. INOBITEC Company is not responsible for the safety of the data entered by the User in the Program.

10. CONSENT TO USE OF INFORMATION

10.1. The User agrees with this notice that INOBITEC may collect, store, process and use the diagnostic, technical, related and other information about the use of the Program, including, without the limitation, unique identifiers of the system or hardware, information about the computer and the hardware, system software and applications, additional devices, about using the program’s functionality, problems in the program’s work, which is periodically being collected in order to enhance the functionality of the Program, to facilitate the process of User interaction with the program, to improve the technical support services, including those provided under the separate contracts (if available).

10.2. In connection with the foregoing, in clause 10.1, INOBITEC LLC takes upon itself obligations to the User on non-disclosure of the information received to the third parties.

10.3. Acceptance of the terms of this Agreement means your familiarization and acceptance of the conditions for the processing of your information, which is always processed in accordance with the rules of the Privacy Policy located on the Website of the Copyright Holder's website.

11. ACTION, AMENDMENT AND TERMINATION OF THE AGREEMENT

11.1. For all matters not regulated by this Agreement, the Parties shall be governed by the applicable Law.

11.2. INOBITEC Company has the right, in the event that the User violates the terms of this Agreement on the use of the Program, including, but not limited to the provisions of Section 4 of this Agreement, to unilaterally terminate this Agreement by notifying the User, without compensation to the User of any expenses incurred by terms of this Agreement or contract.

11.3. Upon termination of this Agreement by any party and for any reason, the User must stop using the Program completely and destroy all the copies of the Program installed on the user's computers, including backup copies of files and other components of the Program.

11.4. If the competent court invalidates any provisions of this Agreement, the Agreement will remain in effect in the rest.

11.5. INOBITEC Company reserves the right to unilaterally update and amend this Agreement periodically.


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