MyDICOM C# SDK EULA

DICOM.NET C# SDK End User License Agreement

IMPORTANT: READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and MyDICOM, LLC (MyDICOM) for the “DICOM.NET C# SDK” and materials accompanying this EULA, which may include computer software, associated media, printed materials, and “on line” or electronic documentation (“Software”). BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

SOFTWARE PRODUCT LICENSE

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MyDICOM or its suppliers own the title, copyright and other intellectual property rights in the Software.

1. GRANTS OF LICENSE. MyDICOM grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.

1.1. General License Grant. MyDICOM grants to you as an individual, a personal, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of designing, developing, testing, and demonstrating your software product(s) and or services, provided that you are the only individual using the Software. If you are an entity, MyDICOM grants to you a personal, nonexclusive license to use the Software, and to make and use copies of the Software, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual.

1.2. Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.

1.3. Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on computers used by licensed end users in accordance with Section 1.2. A single license for the Software may not be shared or used concurrently by multiple end users.

1.4. Effect of EULA. The Software may contain development tools, utilities and other MyDICOM software programs (each such tool or software program, a “Component”); such Components may include a separate end-user license agreement (each, a “Component EULA”). In the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control. The Software may also contain third party software programs. Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software.

2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license limitations described in Section 3.

2.1. Sample Code. MyDICOM grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the Software identified as “Samples” or elsewhere in the Software (“Sample Code”) for the sole purposes of designing, developing, and testing your software product(s) and or services, and (b) reproduce and distribute the Sample Code, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for Sample Code, see Section 3.1 below.

2.2. Redistributable Code—General. MyDICOM grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code form of the MyDICOM.NET C# SDK (“Redistributable Code”). For general redistribution requirements for Redistributable Code, see Section 3 below.

3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND LIMITATIONS. If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with Section 3.1

3.1. General Distribution Requirements. If you choose to redistribute Sample Code, Redistributable Code, or portions of the Software (collectively, the “Redistributables”) as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables (“Licensee Software”); (ii) that if the Licensee Software is distributed beyond Licensee’s premises or externally from Licensee’s organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement (which may be “break-the-seal”, “click-wrap” or signed), with terms no less protective than those contained in this EULA; (iii) not to use MyDICOM’s name, logo, or trademarks to market the Licensee Software; (iv) to display your own valid copyright notice which shall be sufficient to protect MyDICOM’s copyright in the Software; (v) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you; (vi) to indemnify, hold harmless, and defend MyDICOM from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Licensee Software; (vii) to otherwise comply with the terms of this EULA; and (viii) agree that MyDICOM reserves all rights not expressly granted. You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with and as part of the Licensee Software, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you. If you use the Redistributables, or any portion thereof (referred to in this paragraph as the “Licensed Software”), then in addition to your compliance with the applicable distribution requirements described for the Licensed Software, the following also applies. Your license rights to the Redistributables are conditioned upon your not (i) creating derivative works of the Redistributables in any manner that would cause the Redistributables in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributables (or derivative works thereof) in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded License. An “Excluded License” is any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.

4. MyDICOM Indemnification. MyDICOM will defend and hold end user and its affiliated and parent companies harmless against any claims, legal actions, losses and other expenses arising out of or in connection with any claims that the Software and/or Related Documentation infringes or violates any intellectual property right of any third party (“Claim”), on the condition that end user notifies MyDICOM promptly of the Claim and gives MyDICOM sole control of the defense and negotiations for its settlement or compromise. If end user is, or may become, prohibited from continued use of any Software by reason of an actual or anticipated Claim, MyDICOM will use its reasonable efforts to (i) obtain for end user and/or its End-Users the right to use the Software, or (ii) replace or modify such Software so that it is no longer subject to a Claim, but performs the same functions in an equivalent manner; (iii) If it cannot do either (a) or (b), MyDICOM will refund to end user the License Fees paid in respect of the Software.

5. RESERVATION OF RIGHTS AND OWNERSHIP. MyDICOM reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. MyDICOM or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

6. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

7. Rental. You may not rent, lease, or lend the Software without express written permission from MyDICOM.

8. CONSENT TO USE OF DATA. You agree that MyDICOM may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. MyDICOM may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of MyDICOM, and MyDICOM is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. MyDICOM is not responsible for webcasting or any other form of transmission received from any third party sites. MyDICOM is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by MyDICOM of the third party site.

10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that MyDICOM may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. MyDICOM reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

11. UPGRADES/DOWNGRADES

11.1.Upgrades. To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by MyDICOM as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.

11.2.Downgrades. Instead of installing and using the Software, you may install and use copies of an earlier version of the Software, provided that you completely remove such earlier version and install the current version of the Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software.

12. Termination. Without prejudice to any other rights, MyDICOM may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

13. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

13.1.Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use by more than one user.

13.2.Benchmark or Performance Testing. You may not disclose the results of any benchmark or performance test of the Software to any third party without MyDICOM’s prior written approval.

14. PRERELEASE CODE. Portions of the Software may be identified as prerelease code (“Prerelease Code”). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. MyDICOM is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from MyDICOM. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.

15. SOFTWARE MAINTENANCE/UPDATES. MyDICOM is not obligated to provide maintenance, technical support or updates to you for the Software. However, MyDICOM may, in its sole discretion, provide technical support, updates and/or supplements of the Software and/or related information (“Updates”) to you hereunder, in which case such Updates shall also be deemed to be included in the “Software” and therefore governed by this EULA, unless other terms of use are provided by MyDICOM with such Updates.

16. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades (including any Qualifying Software as defined in Section 10), this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

17. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

18. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Software and any copies of the Software that you are expressly permitted to make herein, are owned by MyDICOM or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by MyDICOM.

19. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MyDICOM AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH YOU.

20. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MyDICOM OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MyDICOM OR ANY SUPPLIER, AND EVEN IF MyDICOM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

21. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MyDICOM AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

22. APPLICABLE LAW: If you acquired the Software in the United States, this EULA is governed by the laws of the State of Texas. If the Software was acquired outside the United States, then local law may apply.

23. U.S. GOVERNMENT LICESNSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

24. ENTIRE AGREEMENT. This EULA is the entire agreement between you and MyDICOM relating to the Software and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any MyDICOM policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

Should you have any questions concerning this EULA, or if you desire to contact MyDICOM for any reason, please use the address information enclosed in this Software or visit MyDICOM on the World Wide Web at http://www.mydicom.net