Herein lies the terms and conditions of the use by User of the Augmentiqs Remote Viewer telepathology software.
‘Augmentiqs’ means Augmentiqs Medical Ltd.
‘Augmentiqs Remote Viewer software’ means Augmentiqs software and all or any part of databases, reports, tabulations or findings.
‘User’ means any person who downloads, installs, copies or uses Augmentiqs Remote Viewer Software.
3.1 The terms and conditions relating to the use of Augmentiqs Remote Viewer software are set out in these telepathology software Terms and Conditions.
3.2 The User acknowledges and agrees Augmentiqs may make changes to these terms and conditions from time to time without notice. When these changes are made, Augmentiqs will make a new copy of the Standard Terms and Conditions.
3.3 User acknowledges and agrees that if Augmentiqs Remote Viewer software is downloaded, installed, copied or used after the date on which these terms and conditions have changed, Augmentiqs will treat the User’s installation, copying, or continued use as acceptance of the updated terms and conditions.
3.4 If any future changes to these terms and conditions are unacceptable to the User or cause the User to no longer be in compliance with these terms and conditions, the User should stop using the Augmentiqs Remote Viewer software immediately and irretrievably erase, delete, or destroy all copies of the Augmentiqs Remote Viewer software in the User’s possession or control.
3.5 Augmentiqs may update, modify, suspend, or discontinue the Augmentiqs Remote Viewer software at any time without notice or liability.
3.6 Augmentiqs may terminate User’s access to Augmentiqs Remote Viewer software at any time for any reason or no reason.
3.7 By downloading, installing, copying or using Augmentiqs Remote Viewer software, the User agrees that Augmentiqs may collect, maintain, process and use diagnostic, technical, usage and related information, that is gathered periodically to provide and improve Augmentiqs products and services, facilitate the provision of software updates, product support, and to verify compliance with these terms and conditions.
3.8 User hereby acknoledges that Augmentiqs has no access nor record to any images, annotations, or other data viewed or created during use of the Augmentiqs Remote Viewer software, and will not be held accountable for the retreival of data.
3.9 User hereby acknowledges and agrees for the use of its name and logo to be mentioned in Augmentiqs official publications (such as web site).
4.1 The Augmentiqs Remote Viewer software, company name and/or company logo, may be copyright in the U.S. and/or other countries, and hereby remains the property of Augmentiqs
User shall have no rights, claims or interest whatsoever in or with respect to the IP Rights. Buyer shall not dismantle, reverse engineer, or improve the Augmentiqs Remote Viewer software. Without derogating from the foregoing, User hereby irrevocably and unconditionally waives any claim to, and assign to Augmentiqs any and all rights and interests in the IP Rights and in any improvements thereto.
6.1 UNDER NO CIRCUMSTANCES WILL AUGMENTIQS BE LIABLE FOR DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE, LOSS OF REVENUE OR DAMAGES TO BUSINESS OR REPUTATION ARISING FROM USING THE AUGMENTIQS REMOTE VIEWER SOFTWARE, OR THE BREACH BY USER OF ANY TERM, OR ANY OTHER OBLIGATION TOWARD ANY THIRD PARTY AT LAW OR IN EQUITY, WHETHER OR NOT AUGMENTIQS WILL HAVE BEEN MADE AWARE OF SUCH LOSS OR DAMAGE.
6.2 Without derogating from the foregoing, it is hereby clarified that the User shall be responsible to the entire activity related to the use of the Augmentiqs Remote Viewer, whether such activity is conducted by the User or by any third party.
6.3 The User indemnifies and agrees to keep Augmentiqs indemnified against any claim, proceeding, or action of whatsoever kind arising from or connected with use of the Augmentiqs Remote Viewer software or violation of these terms and conditions.