eRAD, Inc. Software License Agreement

 

eRAD, 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 eRAD’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 eRAD’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 eRAD 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 eRAD.

 

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.