Inobitec WEB DICOM Viewer end user license agreement

END USER LICENSE AGREEMENT

Last updated: August 2023

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 Software FZ-LLC and you, the end user, and applies to the following Program:

Inobitec Web DICOM Viewer, version 2.8.0.

1. BASIC TERMS

1.1. Inobitec Software FZ-LLC, INOBITEC Company, INOBITEC, the Copyright Holder is a Limited Liability Company INOBITEC, registered at the address: Dubai Media City, Building 05, Dubai, UAE, P.O. Box 73030.

1.2. Inobitec Web DICOM Viewer is a computer program designed for visualization of DICOM data via Web browser and the Internet, as well as any subsequent updates, the copyright of which is owned by Inobitec Software FZ-LLC.

1.3. The Internet is a worldwide system of integrated computer networks for storing, processing and transmitting information.

1.4. Web browser is an application software installed on a computer for viewing Web pages, Web documents, managing Web applications and other tasks in the Internet.

1.5. SaaS is a service model in which Users are provided with a Program that is fully serviced by the Copyright Holder (INOBITEC Company). With this model, the Copyright holder independently manages the Program, providing Users with access to functions from User devices through a Web browser.

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

1.7. 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 Software FZ-LLC as part of the specified computer program, as well as any documentation for its use.

1.8. Technical documentation, User’s Manual - accompanying electronic documents contained in the archive with the Program, which the User downloads from the Website's web page: https://inobitec.com/downloads/webviewer/, as well as electronic files available to the User for review on the Web site page: https://inobitec.com/downloads/webviewer/, the copyright of which is owned by Inobitec Software FZ-LLC. TThe Copyright Holder reserves the right to update the electronic version of the User’s Manual on the Website of the Copyright Holder at the above Web addresses if necessary.

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

1.10. 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.

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

1.12. License package (s) - a specific modification (execution option) of the Program, characterized by a specific set of functionalities available to the User.

1.13. Technical support - measures carried out by Inobitec Software FZ-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.

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

2. SUBJECT OF THE AGREEMENT

2.1. Inobitec Software FZ-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 connections to the corresponding license packages of the Program 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 Software FZ-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.

2.5. INOBITEC Company notifies the User that this Program is not a medical device and is intended by the Manufacturer (Inobitec Software FZ-LLC) for an unlimited number of users for educational, popular science, reference and informational purposes.

3. COPYRIGHTS AND TRADEMARKS

3.1. The program is the result of the intellectual activity and the copyright object of Inobitec Software FZ-LLC, Dubai Media City, Building 05, Dubai, UAE (hereinafter referred to as Inobitec Software FZ-LLC or the Copyright Holder).

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 and / or connect to the Program in the number of connections previously purchased by the User to the Program and only according to the license packages of the Program previously purchased by the User for all such connections.

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 Software FZ-LLC with full data (all information requested by Inobitec Software FZ-LLC) about the new user in order to re-register the Program to him in accordance with this Agreement.

6. LICENSE PACKAGES OF THE PROGRAM

6.1. 2D license package (2D):

6.1.1. The 2D Program license package (hereinafter referred to as the 2D package) is provided 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, or with a limitation on the duration of the License by the Copyright Holder, expressed in a pre-set by the Copyright Holder the number of years from the date of activation by the User of the License key (depending on the cost of purchasing of the License package), 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 (or automatically - according to the SaaS model) install new versions (updates) of the 2D package from the Web page: https://inobitec.com/downloads/webviewer/ for one year from the day 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 2D package from the Web page: https://inobitec.com/downloads/webviewer/, or renew (right) the ability to independently install new versions (updates) of the 2D package from the Web page: https://inobitec.com/downloads/webviewer/ 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 2D package or an extension of the right (ability) to install new versions (updates) of the 2D package within the next one year (next term).

6.1.3. The 2D package grants the right to use the Program without restrictions on the composition and content of the functionality of the 2D package in accordance with the functionality of the 2D package stated in the technical documentation (User’s Manual).

6.1.4. The Copyright Holder does not guarantee the 2D package User any increase or expansion of the 2D package functionality stated in the technical documentation (User’s Manual) in terms of composition and / or content in new versions (updates) of the 2D package.

6.1.5. Activation of the 2D package 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 Settings menu of the User’s personal area, in one of the ways provided by the technical documentation (User's Manual).

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 2D package 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 2D package, the User has the right (endowed by the Rights holder with the technical ability) to supplement it (use with) other License packages after purchasing the appropriate number of connections to these License packages.

6.2. 2D+ license package (2D+):

6.2.1. The 2D+ Program license package (hereinafter referred to as the 2D+ package) is provided 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, or with a limitation on the duration of the License by the Copyright Holder, expressed in a pre-set by the Copyright Holder the number of years from the date of activation by the User of the License key (depending on the cost of purchasing of the License package), 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 (or automatically - according to the SaaS model) install new versions (updates) of the 2D+ package from the Web page: https://inobitec.com/downloads/webviewer/ for one year from the day 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 2D+ package from the Web page: https://inobitec.com/downloads/webviewer/, or renew (right) the ability to independently install new versions (updates) of the 2D+ package from the Web page: https://inobitec.com/downloads/webviewer/ 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 2D+ package or an extension of the right (ability) to install new versions (updates) of the 2D+ package within the next one year (next term).

6.2.3. The 2D+ package grants the right to use the Program without restrictions on the composition and content of the functionality of the 2D+ package in accordance with the functionality of the 2D+ package stated in the technical documentation (User’s Manual).

6.2.4. The Copyright Holder does not guarantee the 2D+ package User any increase or expansion of the 2D+ package functionality stated in the technical documentation (User’s Manual) in terms of composition and / or content in new versions (updates) of the 2D+ package.

6.2.5. Activation of the 2D+ package 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 Settings menu of the User’s personal area, in one of the ways provided by the technical documentation (User's Manual).

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 2D+ package 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. During the entire term of the 2D+ package, the User has the right (endowed by the Rights holder with the technical ability) to supplement it (use with) other License packages after purchasing the appropriate number of connections to these License packages.

6.3. MPR+ license package (MPR+):

6.3.1. The MPR+ Program license package (hereinafter referred to as the MPR+ package) is provided 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, or with a limitation on the duration of the License by the Copyright Holder, expressed in a pre-set by the Copyright Holder the number of years from the date of activation by the User of the License key (depending on the cost of purchasing of the License package), 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 (or automatically - according to the SaaS model) install new versions (updates) of the MPR+ package from the Web page: https://inobitec.com/downloads/webviewer/ for one year from the day the User activates the License key.

6.3.2.1. 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 MPR+ package from the Web page: https://inobitec.com/downloads/webviewer/, or renew (right) the ability to independently install new versions (updates) of the MPR+ package from the Web page: https://inobitec.com/downloads/webviewer/ 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.

6.3.2.2. 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 MPR+ package or an extension of the right (ability) to install new versions (updates) of the MPR+ package within the next one year (next term).

6.3.3. The MPR+ package grants the right to use the Program without restrictions on the composition and content of the functionality of the MPR+ package in accordance with the functionality of the MPR package stated in the technical documentation (User’s Manual).

6.3.4. The Copyright Holder does not guarantee the MPR+ package User any increase or expansion of the MPR+ package functionality stated in the technical documentation (User’s Manual) in terms of composition and / or content in new versions (updates) of the MPR+ package.

6.3.5. Activation of the MPR+ package 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 Settings menu of the User’s personal area, in one of the ways provided by the technical documentation (User's Manual).

6.3.6. The rights to all new versions (updates) of the Program are provided to the User within the framework and during the term of the MPR+ package 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. During the entire term of the MPR+ package, the User has the right (endowed by the Rights holder with the technical ability) to supplement it (use with) other License packages after purchasing the appropriate number of connections to these License packages.

6.4. 3D+ license package (3D+):

6.4.1. The 3D+ Program license package (hereinafter referred to as the 3D+ package) is provided 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, or with a limitation on the duration of the License by the Copyright Holder, expressed in a pre-set by the Copyright Holder the number of years from the date of activation by the User of the License key (depending on the cost of purchasing of the License package), unless otherwise provided by the Agreement.

6.4.2. The Copyright Holder guarantees the User that he will be given the right (opportunity) to independently (or automatically - according to the SaaS model) install new versions (updates) of the 3D+ package from the Web page: https://inobitec.com/downloads/webviewer/ for one year from the day the User activates the License key.

6.4.2.1. 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 3D+ package from the Web page: https://inobitec.com/downloads/webviewer/, or renew (right) the ability to independently install new versions (updates) of the 3D+ package from the Web page: https://inobitec.com/downloads/webviewer/ 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.

6.4.2.2. 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 3D+ package or an extension of the right (ability) to install new versions (updates) of the 3D+ package within the next one year (next term).

6.4.3. The 3D+ package grants the right to use the Program without restrictions on the composition and content of the functionality of the 3D+ package in accordance with the functionality of the 3D+ package stated in the technical documentation (User’s Manual).

6.4.4. The Copyright Holder does guarantee the 3D+ package User any increase or expansion of the 3D+ package functionality stated in the technical documentation (User’s Manual) in terms of composition and / or content in new versions (updates) of the 3D+ package.

6.4.5. Activation of the 3D+ package 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 Settings menu of the User’s personal area, in one of the ways provided by the technical documentation (User's Manual).

6.4.6. The rights to all new versions (updates) of the Program are provided to the User within the framework and during the term of the 3D+ package 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.

6.4.7. During the entire term of the 3D+ package, the User has the right (endowed by the Rights holder with the technical ability) to supplement it (use with) other License packages after purchasing the appropriate number of connections to these License packages.

6.5. ECG+ license package (ECG+):

6.5.1. The ECG+ Program license package (hereinafter referred to as the ECG+ package) is provided 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, or with a limitation on the duration of the License by the Copyright Holder, expressed in a pre-set by the Copyright Holder the number of years from the date of activation by the User of the License key (depending on the cost of purchasing of the License package), unless otherwise provided by the Agreement.

6.5.2. The Copyright Holder guarantees the User that he will be given the right (opportunity) to independently (or automatically - according to the SaaS model) install new versions (updates) of the ECG+ package from the Web page: https://inobitec.com/downloads/webviewer/ for one year from the day the User activates the License key.

6.5.2.1. 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 ECG+ package from the Web page: https://inobitec.com/downloads/webviewer/, or renew (right) the ability to independently install new versions (updates) of the ECG+ package from the Web page: https://inobitec.com/downloads/webviewer/ 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.

6.5.2.2. 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 ECG+ package or an extension of the right (ability) to install new versions (updates) of the ECG+ package within the next one year (next term).

6.5.3. The ECG+ package grants the right to use the Program without restrictions on the composition and content of the functionality of the ECG+ package in accordance with the functionality of the ECG+ package stated in the technical documentation (User’s Manual).

6.5.4. The Copyright Holder does guarantee the ECG+ package User any increase or expansion of the ECG+ package functionality stated in the technical documentation (User’s Manual) in terms of composition and / or content in new versions (updates) of the ECG+ package.

6.5.5. Activation of the ECG+ package 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 Settings menu of the User’s personal area, in one of the ways provided by the technical documentation (User's Manual).

6.5.6. The rights to all new versions (updates) of the Program are provided to the User within the framework and during the term of the ECG+ package 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.

6.5.7. During the entire term of the ECG+ package, the User has the right (endowed by the Rights holder with the technical ability) to supplement it (use with) other License packages after purchasing the appropriate number of connections to these License packages.

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’s Manual) 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 using version of the Program, the revision of the using version of the Program, the using number of connections to the Program, the using license packages 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. When using the Program by the User not according to the SaaS model, 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 Software FZ-LLC takes upon itself obligations to the User on non-disclosure of the information received to the third parties.

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.