TERMS AND CONDITIONS END USER (S) AQUILA®
T&C version effective as of:
COUNTRY OR TERRITORY FOR T&C:
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I. OBJECT AND GENERAL SCOPE
These T&C regulate in a general and binding way the behavior that the HOLDER (S) OF THE USE LICENSE and the END USERS must have in relation to the PLATFORM and the SOFTWARE; without prejudice to those duties and obligations imposed by good faith and the general or special laws of every COUNTRY OR TERRITORY FOR T&C. The T&C will apply to the PLATFORM and the SOFTWARE, including all those applications or services that run within this environment; Unless special or particular Terms and Conditions are established for each of them. In same manner, this document establishes other complementary binding conditions.
II. BINDING POWER
This T&C document becomes binding for the END USER from the moment the PLATFORM or the SOFTWARE is accessed, that is, from the moment the user accesses its home page or when the name and password are entered, as appropriate. For the above, if you do not agree with them, you must refrain from using it. It is the END USER’s duty to previously consult the T&Cs in force each time the SOFTWARE is accessed.
III. STATEMENT
The FINAL USER (S) / LICENSEE (S) are aware and accepts that the relationship they have with IMEXHS as the single owner of the intellectual property rights of the PLATFORM and / or the SOFTWARE , is limited to the authorization that this Company releases to them through the USE LICENSE. That is, the FINAL USER (S) / LICENSEE (S) have not established and will not establish a
commercial, technical support relationship, warranty or any other nature with IMEXHS. For all purposes not related to these T&C, the CHANNELS OR AUTHORIZED TRADERS must be contacted directly through which the USE LICENSE was acquired. Consequently, THE FINAL USER (S) / LICENSEE (S) are aware and accepts that any type of claim should be brought before them and not against IMEXHS or its related companies.
IV. DEFINITIONS
The scope of each of the words or sentences defined below, when written in capital letters, will be the one that is literally being provided to each one of them, as follows:
PERSON (S): Generally refers to any individual or legal person; and to those entities with legal status or capable of acquiring rights and obligations.
USE LICENSE: This is the temporary, limited and revocable authorization that IMEXHS grants to (the) HOLDER (S) OF THE USE LICENSE, in order that directly or through the AUTHORIZED PERSON (s), use (s) the PLATFORM and / or the SOFTWARE according to the versions and features acquired in the COMMERCIAL CONDITIONS.
HOLDER (S) OF THE USE LICENSE: They are those people who acquired through any of the AUTHORIZED CHANNELS, the USE LICENSE.
END USER (S): Anyone who accesses the PLATFORM or the SOFTWARE, either as HOLDER OF THE USE LICENSE or as AUTHORIZED PERSON, will be considered as such. Any access or use that is carried out without showing any of these qualities, shall be considered as ACCESS or ABUSIVE or ILLEGAL USE.
AUTHORIZED PERSON (S): Refers to those who access the PLATFORM and / or the SOFTWARE under the responsibility and with the prior authorization of the USE LICENSE HOLDER; always respecting that the scope or the COMMERCIAL CONDITIONS or and the number of authorized END USERS are not infringed.
ABUSIVE or ILLEGAL ACCESS or USE: Any access or use carried out without a USE LICENSE or without being an AUTHORIZED PERSON is considered as such; or that having the license or authorization, the limits of the PROPER AND AUTHORIZED USE of the PLATFORM and / or the SOFTWARE are exceeded or outside the COMMERCIAL CONDITIONS.
SOFTWARE: Refers to the RIS or Radiology Information System and the PACS or Picture Archiving and Communication System termed AQUILA®, Radiology Imaging Software.
PLATFORM: Refers to the environment through which a series of standardized RESOURCES in the CLOUD are made available to the END USER, intended for the storage, processing and administration of RIS-PACS diagnostic images; managed through the AQUILA® software
PROPER AND AUTHORIZED USE: This is such carried out under the framework of a USE LICENSE, respecting the integrity of these T&C, in addition to the COMMERCIAL CONDITIONS.
CHANNEL (S) OR AUTHORIZED MARKETER (S): Refers to the channels or distributors arranged and authorized by IMEXHS for the marketing of the PLATFORM and / or the SOFTWARE, which can be verified within the following link:
IMEXHS: This is the company IMAGING EXPERTS AND HEALTHCARE SERVICES SAS, holder of the intellectual property rights related to the PLATFORM and / or the SOFTWARE and who grants the USE LICENSE.
COMMERCIAL CONDITIONS: This refers to the document of the same name, which contains the conditions for acquiring the USE LICENSE, such as: software version, number of authorized users. Country from where the use and operation is authorized, , , , among other.
LICENSEE: This is the HOLDER (S) OF THE USE LICENSE, who under his/her responsibility, and in compliance with the COMMERCIAL CONDITIONS and the PROPER AND AUTHORIZED USE, may appoint AUTHORIZED PERSONS to be END USERS of the PLATFORM and / or THE SOFTWARE.
COUNTRY OR TERRITORY OF USE: Refers to the geographic area or country where the PLATFORM and / or SOFTWARE are authorized to use or operate under the USE LICENSE. This will be defined in the COMMERCIAL CONDITIONS.
COUNTRY OR TERRITORY FOR T&C: Refers to the State or territory in which these T&C will be executed, made effective or applied; without prejudice to the fact that this matches with the COUNTRY OR TERRITORY AUTHORIZED FOR USE depending on the place from where the PLATFORM and / or the SOFTWARE will be used or operated; according to the criteria applicable by IMEXHS at all times.
T&C OR TERMS AND CONDITIONS: Refers to the integrity of this document, including its annexes.
V. CLAUSES
1. INTELLECTUAL PROPERTY: The END USER acknowledges and undertakes to respect the intellectual property rights (Copyright and Industrial Property) of IMEXHS and the third parties that the latter represents or comes to represent, that directly or indirectly rest on the PLATFORM and the SOFTWARE. Including but not limited to names and trademarks, trademarks, industrial designs, trade slogans, patents and copyrights.
The END USER will refrain from carry out reverse engineering in relation to the PLATFORM or the SOFTWARE, as well as from trying to claim or claim intellectual property or moral and patrimonial rights of any of these, because he/she recognizes that IMEXHS, is and will be the single developer and owner.
2. The LICENSE HOLDER OF THE USE LICENSE undertakes to inform the AUTHORIZED PERSONS and to defend the aforementioned rights before them or any third party who tries to violate them.
INDEMNITY AND CLAIMS: The END USER will hold IMEXHS harmless from any claim of its own or of a third party; considering that IMEXHS does not establish a direct relationship with the END USER beyond licensing. Any claim must be brought forward before the AUTHORIZED CHANNELS with which the respective USE LICENSE was acquired.
In the same sense, IMEXHS will not have any relationship or responsibility regarding the development of the END USER’s activity; nor of the authorities, people or patients that are cared for. Reasons for which the HOLDER OF THE USE LICENSE and the AUTHORIZED PERSON will hold IMEXHS harmless and support, even financially, against any claim made by a third party. In the event that IMEXHS decides to advance its defense, they must provide or reimburse all costs and expenses that IMEXHS must incur, including experts and attorneys’ fees, among other.
3. MAINTENANCE, TECHNICAL SUPPORT OR WARRANTY: IMEXHS does not provide maintenance or technical support, nor does it cover warranties directly. Therefore, for any of these cases, the END USER must go to the CHANNELS OR AUTHORIZED MARKETERS through which the USE LICENSE was acquired.
4. INFORMATION STORAGE: The use of the licensed PLATFORM includes cloud storage to host diagnostic images, according to the COMMERCIAL CONDITIONS agreed by the HOLDER OF THE USE LICENSE with the CHANNELS OR AUTHORIZED MARKETERS.
5. STORAGE PROVIDER: The cloud storage space included within the PLATFORM is provided by a third party and not by IMEXHS directly; therefore, the END USER must adhere to and expressly or tacitly accept the conditions owed by such provider for the service use; which will be understood as carried out with the use carried out thereof. In any case, the END USER may decide, without a refund, not to use such storage for not agreeing with these conditions.
6. RESPONSIBILITY FOR STORED INFORMATION: The END USER is solely responsible for the integrity of the information. Therefore, he/she must maintain backups or backup copies in real time that allow you to face eventual loss of information; since IMEXHS is not responsible for loss of information, since this is not the storage provider. In the same sense, when third-party applications or services are used within the PLATFORM, the END USER will be subject to what these providers establish; and for cases implying that the information leaves the environment of the PLATFORM, the integrity of the information will be responsibility of the END USER and the external service provider. IMEXHS has no interference in this process, therefore this is not responsible for loss or unauthorized access to information.
7. DOWNLOADING INFORMATION: The downloading of information will have a cost in accordance with the provisions of the CHANNELS OR AUTHORIZED TRADERS with which the USE LICENSE was acquired. Only until the CHANNEL OR AUTHORIZED MARKETER gives the authorization to IMEXHS, the download will be enabled. Therefore, the HOLDER OF THE USE LICENSE is the one who must manage this process before the CHANNEL OR AUTHORIZED MARKETER.
8. INFORMATION OVERWRITING AND DEFINITIVE DELETING: When the storage contracted by the HOLDER OF THE USE LICENSE to the CHANNEL OR AUTHORIZED MARKETER take care. Additionally, once two months have elapsed since the LICENSE OF USE expires for any reason, IMEXHS will delete all the information stored in the cloud. Therefore, it is the END USER’s duty to recover this before that time, with the necessary technical and logistical costs and requirements.
9. MINIMUM REQUIREMENTS FOR THE USE OF THE PLATFORM AND SOFTWARE: The END USER declares that he/she was informed by the CHANNELS OR AUTHORIZED MARKETERS with which the USE LICENSE was acquired, about the minimum requirements for hardware, software and networks / internet connection required by the first, for the proper functioning; and that this fulfills them completely.
10. IMPOSSIBILITY OF ASSIGNMENT: The HOLDER OF THE USE LICENSE knows and accepts that it may assign neither totally nor partially the USE LICENSE, nor its rights or obligations acquired within the T&C or other document.
11. MISUSE OF THE PLATFORM AND THE SOFTWARE OR DELAY IN PAYMENTS: THE MISUSE of the PLATFORM or the SOFTWARE by the LICENSE HOLDER or AUTHORIZED PERSON, will empower IMEXHS to temporarily or permanently suspend access to the PLATFORM and/or the SOFTWARE; as well as to cancel the LICENSE OF USE without compensation of any kind; and the HOLDER OF THE USE LICENSE or AUTHORIZED PERSON is solely responsible for the adverse effects that this may bring them. In the same sense, when the CHANNEL OR AUTHORIZED MARKETER informs you on a default or delay in the payments of the USE LICENSE or any related service, IMEXHS may also proceed to temporarily or permanently suspend access to the PLATFORM and/or the SOFTWARE; as well as to cancel the LICENSE OF USE without compensation of any kind.
12. NO THIRD-PARTY BENEFICIARIES: The provisions contained in these T&C have been agreed only for the benefit of the parties and are not intended to confer rights or resources on any other person other than the contracting parties. There are no third-party beneficiaries, so this does not confer on any third-party rights or obligations.
13. INTEGRITY OF THIS PRESENT CONTRACT. Both the text of these T&C, as well as all current or future annexes, will be construed as one with full binding effects.
14. SEVERABILITY: If any provision of these T&C is determined by a competent court as invalid, null or ineffective, the remaining provisions will remain in full force and effect, and will not be affected.
15. NO WAIVER OF RIGHTS: The fact that IMEXHS omits or traces at any time to enforce any provision of these T&C, will not affect in any way its right to demand it later.
16. CONFLICTS RESOLUTION AND COMMITMENT CLAUSE: In case of any controversy that may arise between the parties and that cannot be resolved amicably directly by them, an attempt will be made first to resolve this through the conciliation mechanism that must be advanced before the Center of Conciliation and Arbitration of the Chamber of Commerce of Bogotá. In the event that the differences cannot be reconciled, the parties must attend an Arbitration Court, which will be composed of one (1) arbitrator who will rule in law, appointed by the Bogotá Chamber of Commerce, in accordance with the regulations set forth by this entity. The Court will be based in Bogotá and will preferably operate in the facilities of the Chamber of Commerce of this city. In all aspects not contemplated in this clause and in the law, the provisions of the conciliation and arbitration regulations of the Bogotá Chamber of Commerce must be applied.
17. OFFICIAL LANGUAGE AND TRANSLATION. Spanish will be the official language in these T&C and regarding the relations between the parties. Any translation of the Spanish version of these T&C will be carried out only for the information of the END USER.
18. JURISDICTION AND APPLICABLE LAW: Without prejudice to what is agreed in the conflict resolution clause and arbitration clause, for all legal and contractual purposes, jurisdiction and competence, as well as the law applicable to all situations derived from these T&C; without exception, it will be the Colombian law.
19. ADDRESS: For all legal purposes, this agreement is domiciled in the city of Bogotá D.C.
20. VALIDITY: This document will be in force between its date of issue and until a new one is generated, that is, with subsequent validity or modifications made to this.