FORTH-ICS ‘Dr Eye’ SW License Agreement
The accompanying executable version of the ‘Dr Eye platform and related documentation (the “Software”) is made available to you under the terms of this End-User License Agreement (the “Agreement”). This Agreement is a legal agreement between you and Institute of Computer Science ICS – Foundation for Research and Technology – FORTH (hereinafter, “FORTH-ICS”). By clicking the “Accept” button or by installing or using the Software, you are consenting to be bound by the Agreement. If you do not agree to the terms and conditions of this Agreement, do not click the “Accept” button, and do not install or use any part of the Software.
- LICENSE GRANT. FORTH-ICS grants you a non-exclusive limited terminable license to use the Software, free of charge, for research and non commercial purposes. This Agreement will also govern any Software upgrades provided by FORTH-ICS that replace and/or supplement the original Software , unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
- TERM AND TERMINATION. Without prejudice to any rights FORTH-ICS may have, this Agreement may terminate automatically in the event that you violate any provision herein. Additionally, FORTH-ICS, at its own discretion, may terminate this Agreement at any time. Certain provisions of this Agreement including Section 7 (Ownership), Section 8 (Exclusive Remedy and Disclaimer of Warranties), Section 9 (Limitation of Liability), Section 11 (Entire Agreement), and Section 12 (General) shall survive termination or expiration of this Agreement. In the event of termination, for any reason, you shall delete the Software from your computer(s) and destroy any tangible media that embody the Software . You may terminate or cancel the license granted by deleting and/or discontinuing use of the Software. Upon termination, you must destroy all copies of the Software. FORTH-ICS reserves the right to change the terms and conditions of this Agreement at any time by providing notice upon the FORTH-ICS website (biomodeling.ics.forth.gr) or by directly informing you via email. Continued use of the Software following the posting of any changes to these terms and conditions upon the FORTH-ICS website or after you are notified of such changes via email, shall be conclusively deemed to be your acceptance of those changes.
- SPECIFICATIONS. The Software was designed to be used with the Windows XP or higher operating system. It is recommended that you install the Software on a computer that has at least 1 GB of RAM, at least 5GB of free hard drive space and at least a 256 MB or higher video card. These specifications may change from time to time as documented in the “About Dr Eye platform” section that is found at biomodeling.ics.forth.gr. By entering into to this Agreement, you agree to monitor this “Recommended System Requirements” section and implement necessary upgrades based on the most current recommendations.
- USE OF SOFTWARE. The Software is intended to be used for viewing/analyzing medical images for research purposes only. It is not intended for clinical use. User guides, training and educational materials are intended to assist you in order to properly make use of the Software. You agree to read any such materials carefully and to follow all instructions. You also agree that you have sole and complete responsibility and liability for any decisions that you make or actions that you take in connection with or in reliance upon the Software and the views of the medical images or other content that is displayed using the Software .
- ADDITIONAL COMPONENTS AND COMPLIANCE WITH APPLICABLE LAWS. The Software is intended for use when reviewing medical images, and as such may be subject to regulatory approval from a relevant regulatory body or authority. You are solely responsible for compliance with any all applicable EU, international, foreign and/or domestic laws, rules and regulations with respect to your use of the Software . You hereby agree that your use of any add-on components (“Plug-ins”) with the Software not released by FORTH-ICS may change the functionality and operation of the Software . Any such use of Plug-ins shall be at your own risk, and FORTH-ICS is not responsible or liable in any manner whatsoever for the operation of the Software when used with any Plug-ins that are not released by FORTH-ICS. You further acknowledge that the use of any Plug-ins with the Software may change the functionality of the Software and may require regulatory approval in the jurisdiction where you are using the Software . FORTH-ICS is not responsible in any way for determining the necessity of such approval, or for obtaining such approval. You are solely responsible for compliance with any all applicable EU, international, foreign and/or domestic laws, rules and regulations with respect to your use of the Software with any Plug-ins.
- RESTRICTIONS ON USE. You shall not: (a) use the Software except as specifically authorized in this Agreement, or (b) use the Software after any termination or cancellation of the Agreement or the license granted in Section 1(License Grant).
- OWNERSHIP. The Software is licensed, not sold, to you for research, non commercial purposes of use only upon the terms and conditions of this Agreement. FORTH-ICS owns any and all intellectual and/or industrial property rights (IPRs, including without limitation know-how, confidential information, and such rights) in and to the Software . FORTH-ICS reserves all rights not expressly granted to you. You must reproduce the copyright, and all other proprietary notices displayed, on the Software at all times and in any case of authorised under this license use of this Software. All title and intellectual property rights in and to the medical image content and any other content which may be accessed through use of the Software is the property of the respective content owner(s). This Agreement grants you no rights to use such content.
- EXCLUSIVE REMEDY AND DISCLAIMER OF WARRANTIES. THE SOFTWARE ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SOFTWARE’S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL BE VIRUS FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. THIS DISCLAIMER APPLIES TO AND IS FOR THE BENEFIT OF FORTH-ICS, AND THEIR RESPECTIVE PARENTS, AFFILIATES, AGENTS, VENDORS, THIRD PARTIES AND LICENSORS.
- LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall FORTH-ICS, its distributors, licensors, contributors be liable for any punitive, exemplary, special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill, work stoppage, loss of data, and computer failure or malfunction or any other pecuniary loss) arising out of the use or inability to use the Software , even if FORTH-ICS has been advised of the possibility of such damages.
- EXPORT RESTRICTIONS. The Software and its underlying technology may be subject to export controls. You must comply with all export and import laws and restrictions and regulations of any government, agency or authority relating to the Software and its use.
- ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between you and FORTH-ICS and may be only be modified in writing and signed by you and an authorized representative of FORTH-ICS.
- GENERAL. If any provisions of this Agreement are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining provisions will remain in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the EU without reference to choice of law principles. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in courts in Heraklion, Greece.
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