End-User License Agreement for Software

End-User License Agreement for Software

Before commencing any use of the software listed below (including downloading, copying, installing, purchasing, or running), please carefully review the terms of its use outlined in this Agreement. Any initiation of software use signifies your proper acceptance of this Agreement and your full unconditional agreement to all of its terms. If you do not unconditionally accept the terms of this Agreement, you are not authorized to use the software and must uninstall it, along with all of its components and data, from all of your computers (PCs) and other electronic devices.

This End-User License Agreement (hereinafter referred to as the "Agreement") is a legally binding agreement entered into between LLC IMV and you, the end user.

 

1.1. LLC IMV, DUNS 854666755

1.2. IMV Dicom Viewer - a computer program designed for the visualization, archiving, and export of medical images (DICOM data), as well as any subsequent updates, the rights to which are owned by LCC IMV. IMV Anonymizer - a computer program designed for the anonymization of DICOM study data and tag editing. IMV Atlas - a module for the IMV Dicom Viewer program that includes studies with annotated anatomical structures. IMV MS  - a module for the IMV Dicom Viewer program that allows the assessment of brain lesion extent in multiple sclerosis (MRI) using artificial intelligence.

1.3. You, the User - any inpidual or legal entity that has acquired/received/used the Software.

1.4. Software - copies of the above-mentioned computer programs (both in their entirety and their components), presented in an objective form as a set of data and commands, including source code, included by LLC IMV in the composition of the specified computer programs, as well as any documentation related to its use.

1.5. Use of Software - any actions related to the functioning of the Software in accordance with its intended purpose.

1.6. Activation - an action aimed at registering the Software to a specific User, namely, entering an email address, carried out in accordance with this End-User License Agreement.

1.7. Home version, Base - a version of the Software with limitations on functionality, intended exclusively for the purposes of self-examination, evaluation, and testing by the User, not for medical purposes.

1.8. Commercial version, Pro - versions of the Software without limitations on functionality, intended for the User's work with DICOM images not for medical purposes.

1.9. Editions - specific modifications (variants) of the Software characterized by a specific set of functional capabilities available to the User.

1.10. Additional Module(s) - a standalone module of the Software characterized by a specific set of functional capabilities available to the User, available for inclusion in a specific Edition of the Software for an additional fee.

1.11. Technical Support - activities carried out IMV Company within its established limits and scope to ensure the operation of the Software, including information and consultation support to Users regarding the use of the Software.

1.12. Agreement, Offer (License Agreement) - a document on the basis of which IMV Company or another party with relevant rights provided the User with the Software for use under the terms of this Agreement.

 

2.1. IMV Company grants the User the right to use the Software (a simple non-exclusive license) under the condition of compliance with all restrictions and conditions of Software usage in accordance with its technical documentation, functional capabilities, and the terms of this Agreement, taking into account the number of paid license copies of the Software in the corresponding Editions and the presence or absence of paid additional modules specified in Section 6 of this Agreement.

2.2. All provisions of this Agreement apply both to the Software as a whole and to its inpidual components.

2.3. This Agreement is entered into upon the commencement of Software usage and remains in effect for the entire period of its legitimate use by the User within the term of copyright protection for the Software, provided that the User duly complies with the terms of this Agreement.

2.4. IMV Company grants the User the right to use the Software without territorial limitations under the terms and conditions provided in this Agreement for non-medical purposes.

 

3.1. The Software is a result of intellectual activity and is an object of copyright owned by LLC IMV  DUNS 854666755.

3.2. The operation algorithms of the Software and their source codes (including parts thereof) are considered trade secrets of IMV Company. Any use of them, or the Software, in violation of the terms of this Agreement is regarded as an infringement of IMV Company's rights and constitutes sufficient grounds for revoking the rights granted to the User under this Agreement.

3.3. IMV Company guarantees that it possesses all necessary rights under this Agreement to provide them to the User, including documentation related to the Software.

3.4. Liability for copyright infringement is determined in accordance with the applicable legislation.

3.5. This Agreement does not grant the User any rights to use the Trademarks and Service Marks of IMV Company.

3.6. To protect copyright and restrict the use of the Software, the Rights Holder employs various technical protection measures, including the transmission of data regarding the User's interaction with the program to the Company's servers.

 

4.1. This Agreement grants the right to install, launch, and use one copy of the Software within the functional capabilities of the corresponding Edition and any associated additional modules.

4.2. Under no circumstances may the User:

4.2.1. Remove or alter the appearance of copyright notices, trademark rights, or patents specified in the Software.

4.2.2. Convert the object code of the Software into source code.

4.2.3. Make any modifications to the object code or components of the Software, except those that can be made using tools included with the Software and described in the documentation.

4.2.4. Use the same license on more than one computer (PC) simultaneously.

4.2.5. Distribute or transfer the Software on terms other than those specified in this Agreement.

4.2.6. Distribute the Software and its components via any external network, including the Internet, or create derivative software based on the Software, in any form, including as source code, by any means, including renting it. The User is not allowed to use the Software in any manner that contradicts or violates this Agreement or applicable legislation. However, the User is allowed to store, install, and distribute a copy of the Software within an internal local network to provide access to it from other computers (PCs) in that network.

 

5.1. Except as provided in this Agreement, the User has the right to assign (transfer) their rights and obligations under this Agreement to another User only once, provided that they enter into a corresponding Sub-License Agreement with IMV Company. This right to assign (transfer) is not granted to Users who have obtained rights to use the Software through a similar assignment (transfer).

5.2. The assignment (transfer) of rights and obligations is only permitted if the new User fully and unconditionally agrees to all the terms and conditions of this Agreement and the License Agreement.

5.3. When assigning (transferring) rights to use the Software, the User undertakes to completely destroy all copies of the Software installed on their computers, including backup copies.

5.4. The User must provide IMV Company with complete data (all information requested by IMV Company) about the new User for re-registration of the Software in accordance with this Agreement.

 

6.1. License for the Base version:

6.1.1. The license for the Base version (hereinafter referred to as "Base License") is granted to the User based on the Agreement from the day the User activates the License Key, with no time limit, by the Rights Holder, unless otherwise specified in the Agreement.

6.1.2. The Rights Holder guarantees the User the right (ability) to independently install new versions (updates) of the Base License from the website: http://imv-ms.com, free of charge, from the day the User activates it.

6.1.2.1. The User agrees and confirms their understanding that the installation of new versions (updates) of the Software does not imply the granting of new rights to use the Base License or an extension of the right (ability) to install new versions (updates) of the Base License.

6.1.3. The Base License grants the right to use the Software with limitations on the composition and content of functional capabilities of the Base License in accordance with the functional capabilities of the Base License as stated in the technical documentation (User Manual).

6.1.4. The Rights Holder does not guarantee the User any increases or expansions of the functional capabilities of the Base License as stated in the technical documentation (User Manual) in terms of content and/or composition in new versions (updates) of the Base License.

6.1.5. Activation of the Base License is done by entering the User's email address in the main menu settings subsection of the Software using one of the methods specified in the technical documentation (User Manual).

6.1.6. Rights to all new versions (updates) of the Software are granted to the User within the term of the Base License under the terms of this Agreement, unless the User is presented with additions to this Agreement or a new Agreement during the update of the Software.

6.1.7. During the entire term of the Base License, the User has the right (is provided by the Rights Holder with the technical capability) to switch to a license for another edition (for a fee).

6.1.8. This edition of the Software does not allow the use of the program for medical purposes in a healthcare institution.

 

6.2.1. The license for the Commercial version (hereinafter referred to as "Commercial License") is granted to the User based on the Agreement from the day the User activates and pays the fee.

6.2.2. The Rights Holder guarantees the User the right (ability) to independently install new versions (updates) of the Commercial License from the website: http://imv-ms.com/ within one year from the date of payment.

6.2.2.1. Upon expiration of the specified period, the User may continue to use the existing version of the Software without the right (ability) to independently install new versions (updates) of the Commercial version from the website: http://imv-ms.com or extend the right (ability) to independently install new versions (updates) for the next year (next term) based on the Agreement, or for several more years (up to three years) if provided by the Agreement.

6.2.2.2. The User agrees and confirms their understanding that the installation of new versions (updates) of the Software does not imply the granting of new rights to use the Commercial version or an extension of the right (ability) to install new versions (updates) for the next year (next term).

6.2.3. The Commercial version grants the right to use the Software without limitations on the composition and content of functional capabilities of the Commercial version in accordance with the functional capabilities of the Commercial version as stated in the technical documentation (User Manual).

6.2.4. The Rights Holder guarantees the User of the Commercial version increases and/or expansions of the functional capabilities of the Commercial version as stated in the technical documentation (User Manual) in terms of content and/or composition in new versions (updates).

6.2.5. Activation of the Commercial version is done by entering the User's email address, paying the fee, and must be carried out without fail.

6.2.6. Rights to all new versions (updates) of the Software are granted to the User within the term of the Commercial version under the terms of this Agreement, unless the User is presented with additions to this Agreement or a new Agreement during the update of the Software.

6.2.7. Throughout the entire term of the Commercial version, the User is not entitled (is not provided with the technical capability) to switch to a license for another edition (another version).

6.2.8. This edition of the Software does not allow the use of the program for medical purposes in a healthcare institution.

 

6.3.1. Within the framework of the Commercial version, the User is granted the right (ability) to use additional modules (hereinafter referred to as "Licenses for Additional Modules") from the day the User activates the Commercial version, or Licenses for Additional Modules from the Rights Holder if not stated otherwise in the Agreement.

6.3.2. The Rights Holder guarantees the User the right (ability) to independently install new versions (updates) of the Commercial version with activated Licenses for Additional Modules from the website: http://imv-ms.com/ within one year from the day the User activates the Commercial version.

6.3.2.2. After the specified period, the User may continue to use the existing version of the Software without the right (ability) to independently install new versions (updates) of the Commercial version with activated Licenses for Additional Modules, or extend the right (ability) to independently install new versions (updates) of the Commercial version with activated Licenses for Additional Modules for the next year (next term) based on the Agreement or for several more years (up to three years) if provided by the Agreement.

6.3.2.3. The User agrees and confirms their understanding that the installation of new versions (updates) of the Software does not imply the granting of new rights to use the Commercial version with activated Licenses for Additional Modules or an extension of the right (ability) to install new versions (updates) of the Commercial version with activated Licenses for Additional Modules for the next year (next term).

6.3.3. Licenses for Additional Modules grant the right to use the Additional Modules without limitations on the composition and content of functional capabilities of the Licenses for Additional Modules in accordance with the functional capabilities of the Licenses for Additional Modules as stated in the technical documentation (User Manual).

6.3.4. The Rights Holder does not guarantee the User of the Licenses for Additional Modules any increase and/or expansion of the functional capabilities of the Licenses for Additional Modules as stated in the technical documentation (User Manual) in terms of content and/or composition in new versions (updates) of the Software for the Commercial version with activated Licenses for Additional Modules.

6.3.5. Activation of the Licenses for Additional Modules is done by entering the License Key provided by the Rights Holder based on the Agreement and must be carried out without fail by entering this License Key in the corresponding field of the License section in the Help menu of the Program in one of the ways provided by the technical documentation (User Manual).

6.3.6. Rights to all new versions (updates) of the Licenses for Additional Modules are granted to the User within the term of the Commercial version with activated Licenses for Additional Modules under the terms of this Agreement unless the User is presented with additions to this Agreement or a new Agreement during the update of the Software.

6.3.7. Throughout the entire term of the Commercial version with activated Licenses, the User is not entitled (is not provided with the technical capability) to switch to a license for another edition (another version) or to use the activated Licenses for Additional Modules separately from (outside of) the Commercial version.

 

6.4.1. The User is entitled to use the Home version of the Software free of charge, provided that they provide their email address and consent to the processing of personal data.

6.4.2. The installation of the Home version implies the User's acceptance of all the terms of this Agreement.

6.4.3. Imv Company is not responsible for the safety of data entered by the User into the program.

6.4.4. The program should not be used for processing medical data(No FDA).

 

7.1. Imv Company provides technical support to the User, including issues related to functionality, installation, and operation on standard configurations of supported (popular) operating and other systems, in the manner and on the terms specified in the technical documentation (User Manual).

7.2. The User has the right to contact the Technical Support Service of Imv Company without paying additional compensation unless a special (private) procedure for providing technical support services to the User for additional compensation to the Right Holder is provided for by a separate Agreement.

7.3. To provide Technical Support, Imv Company may request the User to provide information related to the version number of the Software being used, the edition of the Software being used, the email address provided or entered, the computer (PC) code number, technical characteristics of the computer (PC) and equipment being used. In separate special cases, for the purpose of providing Technical Support and only with the prior consent (permission) of the User, representatives of the Right Holder may connect to the User's computer(s) (PCs) for diagnostics and/or troubleshooting, or assistance with configuration based on previously submitted written application(s) or request(s) directed to the Technical Support Service of Imv Company by the User.

7.4. Requests to the Technical Support Service of Imv Company for technical support are accepted at the email address AnonymizerIMV@imv-ms.com.

 

8.1. Violation of the terms of this Agreement entails liability as provided by the Applicable Law.

8.2. Imv Company shall not be liable to the User for any damages, loss of income, profits, information, or savings associated with the use or inability to use the Software, including in cases where the User has been notified in advance of the possibility of such damage, or for any third-party claims.

8.3. The User shall be held liable as provided by the Applicable Law for taking actions aimed at circumventing technical protection means, as well as for disseminating methods for bypassing such protection means, including but not limited to the following:

8.3.1. Publishing the License Key provided by the Right Holder for the Software openly to an unlimited number of persons, including on the Internet.

8.3.2. Making any changes to the source code or executable code of the Software with the purpose of violating the copyright of the Right Holder and/or removing any restrictions on the use of the Software.

8.3.3. Distributing information about the methods for implementing the changes mentioned in paragraph 8.3.2, including on the Internet.

8.4. In the event that the User suspects unauthorized access to the License Key, the User must immediately report it to the following email address: AnonymizerIMV@imv-ms.com for subsequent deactivation and removal of such License Key. Until such notification is received from the User, all actions with the License Key (including activation) shall be considered as performed with the consent of the User, on their behalf, and in their interests.

 

9. Limited Warranty:

9.1. The Software is provided "as is," and ImvCompany does not guarantee that all its features will meet the User's expectations or may be applicable for their specific purposes.

9.2. Imv Company and representatives of the Right Holder shall not be held liable in any case for any changes to the Software, even if such changes result in the Software and its features no longer meeting the User's expectations and/or if such changes lead to the cessation of the User's use of the Software.

9.3. Imv Company does not initiate or control the User's placement of any information during the use of the Software, does not affect its content and integrity, and at the time of its placement and interaction with it, Imv Company does not know and cannot know whether it violates the rights and interests protected by law, international treaties, and the Applicable Law of third parties.

9.4. If errors are discovered during the User's use of the Software, Imv Company will take all available measures to correct them as quickly as possible. The Parties agree that the exact determination of the error correction time cannot be established, as the Software closely interacts with other third-party software, the operating system, and hardware resources of the User's computer (PC), and the performance and time of problem resolution do not solely depend on Imv Company representatives.

9.5. Imv  Company is not responsible for the use of the software for medical purposes in medical institutions.

9.6. Imv Company does not guarantee uninterrupted operation of the Software, as well as new versions (updates), including in cases where the User changes hardware resources and/or the operating system of the computer (PC), or changes the Software settings that ensure its interaction with other software, hardware resources, and devices of third-party developers for PCs.

9.7. Imv Company is not responsible for the preservation of data entered by the User into the Software.

 

10. Consent to Use Information:

10.1. The User agrees to this notice that Imv Company may collect, store, process, and use diagnostic, technical, related, and other information about the use of the Software, including, among other things, unique system or hardware identifiers, information about the computer (PC) and equipment, system software and applications, additional devices, information about the use of the Software's features, issues in the operation of the Software, which is periodically collected to improve the Software's features, facilitate the User's interaction with the Software, improve technical support services, including those provided under a separate Agreement (if provided).

10.2. In connection with the above in clause 10.1, Imv Company undertakes obligations to the User not to disclose the received information to third parties.

10.3. Agreement with the terms of this Agreement means your familiarity with and acceptance of the terms of processing your information, which is always processed in accordance with the Privacy Policy rules.

11. Duration, Amendment, and Termination of the Agreement:

11.1. In all matters not regulated by this Agreement, the Parties shall be guided by the norms of the Applicable Law in force.

11.2. Imv Company has the right to unilaterally terminate this Agreement if the User violates the terms of this Agreement for the use of the Software, including but not limited to the provisions of Section 4 of this Agreement, notifying the User thereof without compensating the User for any expenses incurred under the terms of this Agreement or the Agreement.

11.3. Upon termination of this Agreement by any party and on any grounds, the User shall cease to use the Software completely and destroy all copies of the Software installed on the User's computers, including backup copies of files and other components of the Software.

11.4. If a competent court declares any provisions of this Agreement invalid, the Agreement shall continue to operate in the remaining part.

11.5. Imv Company reserves the right to unilaterally periodically update and amend this Agreement.

 

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