LICENSE GRANT

Puntoexe grants a non exclusive, non transferable right to install and use Dicom Media Bridge as described in the following paragraphs.
This license to use the Dicom Media Bridge is conditioned upon your compliance with the term of this Agreement.

AUTHORIZED USERS

The Software may be used by all employees of Licensee at facilities governed by Licensee. If Licensee is an educational institution, the Software may only be used by Licensee's enrolled students, faculty, teaching assistants and administrators on Licensee's computers. Licensee will use commercially reasonable efforts to restrict network or any other access to the Software by anyone outside of Licensee's facilities who is not authorized to use the Software. Temporary employees, contractors, and consultants of Licensee who work on-site at Licensee's facilities may also use the Software in connection with the operation of the business of Licensee. Any copies of the Software used by temporary employees, contractors and consultants must be removed from such individual's computers once they cease working at Licensee's facilities.

HOME AND PORTABLE USE

Authorized users may also use the Dicom Media Bridge software on Licensee's desktop and portable computers which, on a temporary basis, are away from Licensee's facilities. Authorized users (other than students) may also make an additional copy of the Dicom Media Bridge software for such individual's exclusive use on either a home or portable computer. Any copies of the Dicom Media Bridge software used on any authorized user's home computer must be removed from such individual's computers once they cease working at Licensee's facilities. Notwithstanding the foregoing, if Licensee is a higher educational institution (e.g., college or university), then Licensee's enrolled students may use the Dicom Media Bridge software installed on the student's computer during their enrollment and after they are no longer enrolled Licensee's institution, but they will not be entitled to use any Maintenance Software released after they are no longer enrolled in Licensee's institution.

TERMINATION

This license is effective until terminated. You may terminate it at any point by destroying the Dicom Media Bridge together with all copies of the Dicom Media Bridge. Also, Puntoexe has the option to terminate if you fail to comply with any term or conditions of this Agreement. You agree upon such termination to destroy the Dicom Media Bridge together with all copies of the Dicom Media Bridge.

COPYRIGHT

The software is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Dicom Media Bridge is transferred to you. You further acknowledge that title and full ownership rights to the Dicom Media Bridge will remain the exclusive property of Puntoexe or its suppliers, and you will not acquire any rights to the Dicom Media Bridge except as expressly set forth in this license. You agree that any copies of the Dicom Media Bridge will contain the same proprietary notices which appear on and in the Dicom Media Bridge.

FAIL-SAFE PERFORMANCE

Dicom Media Bridge IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF Dicom Media Bridge COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITED WARRANTY

Puntoexe warrants that the Dicom Media Bridge will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of purchase. Any implied warranties relating to the Dicom Media Bridge are limited to thirty (30) days.

CUSTOMER REMEDIES

If Dicom Media Bridge does not conform to the limited warranty as described above (section "Limited warranty"), Puntoexe's entire liability and your sole remedy shall be, at Puntoexe's opinion, either to:

1. correct the error
2. help you work around or avoid the error

The Limited Warranty is void if failure of the Dicom Media Bridge has resulted from accident, abuse, or misapplication. Any replacement Dicom Media Bridge will be warranted for the remainder of the original Limited Warranty period.

NO OTHER WARRANTIES

Puntoexe does not warrant that Dicom Media Bridge is error free. Except for the express limited warranty described above in the section "Limited warranty", Puntoexe disclaims all other warranties with respect to the software, either express or implied, including but not limited to implied warranties of merchantability, quality, fitness for a particular purpose and non infringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. This license doesn't affect your statutory rights.

SEVERABILITY

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall Puntoexe or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the software, even if Puntoexe has been advised of the possibility of such damages. In no event will Puntoexe's liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.

GOVERNING LAW

This license will be governed by the laws of Italy and is subject to the exclusive jurisdiction of the Italian (Venice) court.

ENTIRE AGREEMENT

This is the entire agreement between you and Puntoexe which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
 

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