DeepHealth,
Inc. Software License Agreement
DeepHealth, Inc. hereby grants
the authorized User a perpetual, non-assignable and non-transferable
non-exclusive License for the eRAD PACS® Software and
Documentation, subject to the terms and conditions contained
herein. Use of software by any person, corporation, or business
entity other than as licensed or permitted herein is strictly prohibited.
Any changes to the system without notification to and approval by DeepHealth’s
authorized agent will invalidate system licenses.
Permitted
Uses and Restrictions: User
expressly acknowledges that the right to use any of the Software is granted
only for use by Users and only for furtherance of User’s business. There
are no express or implied third party beneficiaries of this Agreement,
including, without limitation, patients of Users. No license is granted to
directly or indirectly sublicense the Software. Without limiting the generality
of the foregoing, User is expressly prohibited from, directly or
indirectly, licensing, marketing, selling, transferring, sublicensing,
donating, assigning or commercially exploiting the Software licensed under this
Agreement to third parties, whether or not for payment (including but not
limited to, the operation of a service bureau environment, data processing
services, commercial time sharing, rental or other similar sharing arrangements
for a third party). Any such actions will, without limiting any other available
remedies, void the warranty. User may not modify, distribute, transfer, rent,
timeshare, unbundle, create derivative works of, reverse engineer, decompile or
disassemble the Software. Any such actions will, without limiting any other
available remedies, void the warranty. Use as other than an image management
system or any modification of the system configuration as installed by DeepHealth’s
authorized agent, shall cause this license to be forfeited and shall invalidate
all warranties. As such, the expansion of the configuration to include
additional sites and/or additional modalities beyond the recommended guidelines
is not endorsed by eRAD.
Unauthorized
Modifications: The
hardware supplied with this Purchase Order has been configured specifically to
operate the Software. Any configuration changes made will, without limiting any
other available remedies, void the warranty.
Title
and Copyright: All
title, including but not limited to copyrights, in and to the Software and any
copies thereof are owned by DeepHealth or its suppliers. All title and intellectual
property rights in and to the content which may be accessed through use of the
Software is the property of the respective content owner and may be protected
by applicable copyright or other intellectual property laws and treaties. All
rights not expressly granted are reserved by DeepHealth.
Export Restrictions: The Software is subject to U.S. export
jurisdiction. User agrees to comply with all applicable international and
national laws that apply to the Software, including the U.S. Export
Administration Regulations.