This is the general conditions of sale and license agreement (the "Agreement") between Apteryx, having its registered office at Gif-sur-Yvette, France ("Apteryx"), the author and owner of Dimple, and any person who accepts the terms of the Agreement (the "Licensee").
"Software": means Dimple version 2.05, a library registered under the number IDDN.FR.001.530028.000.S.P.2016.000.10600 that allows to read, write and transfer data using the DICOM standard, as well as any utility program, documentation or sample source code packaged with the library.
"Licensee Derivative Works": means all derivative works of the Software made by the Licensee.
"Licensee Product": means any work developed or packaged by the Licensee and intended for distribution.
"Customer": means any individual or company to whom the Licensee sells, or otherwise grants a right to copy, install or perform, a Licensee Product.
"User": either a Licensee employee who operates the Software as such or as part of a Licensee Derivative Work or to make such a derivative work, or an employee of a Customer, who operates a Licensee Product which the Software is part of.
Apteryx grants the Licensee, upon the condition that the Licensee accepts all the terms contained in the Agreement, a non-exclusive, non-transferable license to the rights set forth in paragraph "SCOPE OF LICENSE" below.
Any download, use, copy or distribution of the Software, of one of its component requires the Licensee's acceptance to become bound by the terms of this Agreement.
By downloading or copying the Software, the Licensee confirms his acceptance to become bound by the terms of this Agreement.
The Licensee undertakes to obtain all the necessary authorizations to operate the Software within the scope of his/her activity.
Any use of the Software, except as permitted by the Agreement is an infringement of intellectual property rights. As a consequence, the Licensee may be liable to Apteryx and may be subject to civil penalties and/or criminal sanctions.
The Software is an original work of authorship which is protected as such by national and international laws. The Software is based in part on the work of the Independent JPEG Group, on the CharLS library and on the OpenJPEG library. Copyright notices for these three underlying works are included in the Software package. Apteryx is and remain the sole owner of the property, title and intellectual property rights of the Software portions that differ from the underlying works.
Also, any trademarks, commercial names and logos described in the Agreement, on and in the Software are the property of their respective owners.
The Licensee is not authorized to use the trademarks, commercial names or logos of Apteryx except to demonstrate its applications to the extent that the Licensee expressly states that such applications have been developed with the Software.
The Licensee undertakes to keep intact all the proprietary notices which appear on or in the Software, or in any full or partial copy of the Software.
SCOPE OF LICENSE
The license granted by Apteryx to the Licensee is non transferable and non exclusive. It is either a Single User license or a Server license. The scope of each license is defined as follow:
- Terms common to Single User and Server license
The Licensee may:
- install the Software on a single machine at any given time; the Software may be moved to a different machine only if uninstalled from the first one;
- prepare Licensee Derivative Works, including derivative works inspired by or based on source code samples packaged with the Software;
- perform no more than one single instance of the Software per license at any given time ; such an instance is defined as the Software performed within a single Java Virtual Machine running on a single machine at any given time ; it should be noted that the Software technically relies on this condition to ensure uniqueness of DICOM identifiers it generates;
- distribute any Licensee Derivative Work under the conditions set forth in paragraph "DISTRIBUTION" below;
- copy the Software for backup and archival purposes.
This article must be strictly interpreted. Except in case of prior written consent of Apteryx, any other use or operation of the Software, whichever the media may be, and by any other means, is expressly prohibited.
In particular, the Licensee expressly undertakes, without the prior written consent of Apteryx, not to:
- modify, translate or adapt the Software;
- reverse engineer, decompile, disassemble the Software, except otherwise mentioned in the law in force;
- use any equipment, device, software or other means designated to circumvent or remove any form of version or copy protection of the Software;
- use or export the Software in violation of the applicable export control laws.
- Terms for Single User License
This license grants the Licensee the rights defined at paragraph 1, for a single User only.
If installed on a machine that can be accessed concurrently by several Users, the Software may be performed by only one User.
Use of the Software to provide automated services in an anonymous environment, such as a DICOM service class provider or web service where users are not required to identify themselves, is not permitted.
- Terms of Server License
This license grants the Licensee the rights defined at paragraph 1, for any number of Users using the same single instance of the Software.
In particular the Licensee may:
- prepare and perform a Derivative Work providing an anonymous network service, for instance to be run on a machine supporting a DICOM service class provider or web services;
- use the Software to provide automated services to as many Users as needed, as long as no more than one single instance of the Software is performed.
The Licensee may distribute copies of the Software as part of a Licensee Product, as long as the Licensee Product is a Licensee Derivative Work that constitutes an original work offering features significantly enough different from the Software itself not to compete with Apteryx's offering of the Software.
The Licensee is not allowed to wrap the Software in a way that explicitly allows his/her Customers to use the functionality of the Software for software development or for any other purpose than proper operation of the Licensee Product.
Furthermore the rights of the Customers on the Licensee Product that the Software is part of must be constrained by a license agreement which clearly states that the Customer is not permitted :
- to copy the Software except for backup and archive purposes,
- to distribute the Software,
- or to use the functionality of the Software for software development or for any other purpose than proper operation of the Licensee Product, including preparing derivative works based on the Software.
The total number of installations of the Software performed by the Licensee and by his/her Customers must never exceed the number of licenses for which the Licensee has paid the license fees.
In consideration of the granted License, Licensee shall pay Apteryx a fee set forth in an invoice issued by Apteryx to Licensee and specifying if the license is a Single User or Server license.
Apteryx's obligations as well as any offer or proposal which Apteryx may formulate are considered as obligation of means (obligations de moyens).
Apteryx makes no other warranties, express or implied. In particular:
- Apteryx disclaims any warranty of merchantability or fitness. The Licensee acknowledges that Apteryx provides an evaluation version of the Software free of charge for anyone to assess the suitability of the Software for any particular purpose.
- Apteryx does not warrant that the operation of the Software will be error-free or bug-free.
The Agreement does not exclude the warranties which, by law, can not be excluded and any liability which may occur will be limited to the correction or replacement of the Software, at Apteryx choice.
The Licensee represents that it has taken out the relevant insurance policies in respect of its activity and the use of the Software.
The Licensee is solely liable for the choice of the Software, its adequacy to the Licensee's needs, its use as well as the results which may be produced by such use. Apteryx, or any other person involved in the creation of the Software will by no means be liable for any damages to the Licensee or third parties, including in the event of unavailability of the Software, interruption or dysfunction of the Software, false interpretation of the results provided by the Software, data being rendered inaccurate or losses, or a failure of the Software to operate with any other software.
In no event will Apteryx be liable for any loss or damages of any kind, including loss of data, lost profits, damages to the computer system or other special, consequential or incidental damages arising out of the use or inability to use the Software however caused.
Furthermore, Apteryx shall not be liable either for any delay, failure or non-performance of the License, or for any consequences of events which may be characterized as force majeure.
The Licensee undertakes to defend and/or settle, at its own expense, any claim or action against Apteryx based upon a claim by a third party that the Licensee's medical diagnosis is false or erroneous. The Licensee undertakes to hold Apteryx harmless from and against any and all damages incurred as a result of any such claim or action.
In any event, Apteryx's liability will be limited to 1500 Euros.
DURATION AND TERMINATION
This Agreement is effective until terminated.
The Licensee may terminate the Agreement at any time by sending a formal notice to Apteryx.
A breach of any of the Licensee's obligations under the Agreement will result in automatic termination of the agreement, as of right and without judicial formalities.
CONSEQUENCES OF TERMINATION
In case of termination of the Agreement, the Licensee and the third parties the Licensee has distributed the Software to must cease to use the Software and destroy any partial of full copy of the Software that they may hold.
The termination of the Agreement has no effect on the rights of Apteryx to take legal actions against the Licensee.
It is expressly agreed between the Parties that, except for an obvious error, the data in Apteryx's computer systems shall have conclusive force in the relations between the Parties.
Any amendment to this Agreement must be performed in writing and be signed by a legal representation of Apteryx.
If any of the provisions of the Agreement becomes invalid as a result of a law, a governmental regulation or a final court decision, it will be considered void and the rest of the Agreement will remain fully effective.
This Agreement is the entire agreement between Apteryx and the Licensee and supersedes any other previous communication (written or oral) or advertising, with respect to the Software.
The Agreement is governed and construed in accordance of the laws of France. Any dispute relating to the validity, interpretation, execution or termination of the Agreement shall be settled by the competent French courts.