SHARED DEFINITIONS OF THE LICENCE AGREEMENT AND LIMITED WARRANTY AND THE REGULATIONS FOR THE PROVISION OF SERVICES ELECTRONICALLY Article 1 The following terms shall have the meanings as specified: a) Licensor means an entity as referred to in Art. 2 below; b) Licence means one kind of licences specified in the Agreement; c) Service Provider means an entity defined in Art. 18 below; d) Agreement means the those of provisions from Art. 2 to Art. 17 below that are applied to both Parties; e) Regulations mean the provisions of the document specified from Art. 18 to Art. 27; f) Software means software defined in Art. 2 of the Agreement available particularly on the website of the Licensor that may be used under terms and conditions of the Agreement or the Regulations; g) Telecommunication Network means any transmission systems and switch facilities or redirecting equipment, as well as any resources that make it possible to send, receive or transmit signals by means of wires, radio waves, optical waves or other means using electromagnetic energy, whatever the kind of means; h) ICT System means a set of information equipment and software cooperating each other that assures the processing, storage, sending and collection of data via the Telecommunication Networks by means of a proper final equipment that is appropriate to a given kind of the network; i) User means a natural person, legal person, organizational entity which through the real use of the Software in a way chosen by the User decides on applying further and relevant provisions of the Agreement to such person or entity with the proviso that within the scope of a given kind of the Licence the specified list of entities may be modified; j) Service means any services as referred to in Art. 19 of the Regulations provided by sending and collecting data by means of the ICT Systems in order to process, including the digital compression and store the data, upon the individual request of the authorized entity being the Customer defined below without the simultaneous presence of the Parties, but these data are transmitted via public networks; k) Customer means an entity that started to use the Service in any way provided by the Service Provider / Licensor under the Regulations and this entity may be particularly the User; l) Service Provided Electronically means the Service provided by the Service Provider by sending and collecting any data by means of the ICT Systems in order to process, including the digital compression and store them, upon the individual request of the Customer without the simultaneous presence of the Parties, but these data are transmitted via public networks; m) Commercial Licence means the Licence, the Party to which is the User using the Software for purposes other than personal use (non-home) with the proviso that in some kinds of this Licence group it is allowed to use the Software under sub-licence by other Users for personal purposes or purposes other than personal use; n) Home Licence means the Licence, the Party to which is the User using the Software for personal purposes (home); o) Computer means a personal computer, notebook or these both computers possessed at the same time by the same User; p) Commercial User means the User using the Software under the particular Commercial Licence; q) Home User means the User using the Software under the particular Home Licence; r) Key means an individual digital module of the Software provided by the Licensor to the User who expresses its will (statement) within the Services provided in order to unblock any limitations set forth in the Licence used previously; s) Licence Purchase (irrespective of separation or order in used words) means the acquisition of any rights to the Software by the Commercial User or the Home User from the Licensor for a payment within the framework of a given kind of the non-trial Licence (without limitations) through the proper use of the Service, and the Licence Purchase is acknowledged by the Licensor by sending the individually programmed Key under the Parties’ agreement. The Key together with the Software unblock its limitations provided in the previously used Licence; t) Publication Licence means a licence granted by the Licensor to the Commercial User for a payment that allows the single recording equipment possessed by the Commercial User to record a set of files of the Software together with the Key and images of the study / studies operated by the Software on CD/DVD recorded digitally in a way that allows any other User to further use such recorded images of the study / studies by the Software within the scope, in the place and at the time of this use detailed in Art. 5 of the Agreement, including the use within subsequent 12 months from the day of the Licence Purchase of the Licensor`s support in a form of the Software`s update to its latest version and e-mail service, preserving the possibility of extending the support period for a payment after its expiry for the subsequent 12 months from the day of purchasing this option; u) Personal Installation Licence means a licence granted by the Licensor to the Commercial User for a payment that allows its to install, launch and use the Software on one Computer within the scope, in the place and at the time of this use as referred to in Art. 6 of the Agreement, including to use within subsequent 6 months from the day of purchasing the Key of the Licensor’s support in a form of the Software`s update to its latest version and e-mail service, without the possibility of extending the support period for a payment after its expiry; v) Academic Installation Licence means a licence granted by the Licensor to the Commercial User of the academic status based individual specified and provided to the Licensor under terms and conditions as referred to in Art. 8 of the Agreement for a payment that allows its to install, launch and use the Software on one Computer within the scope, in the place and at the time of this use as referred to in Art. 7 and Art. 8 of the Agreement, including to use within subsequent 6 months from the day of purchasing the Key of the Licensor’s support in a form of the Software`s update to its latest version and e-mail service, without the possibility of extending the support period for a payment after its expiry; w) Standard Installation Licence means a licence granted by the Licensor to the Commercial User for a payment that allows its to install, launch and use the Software on one Computer within the scope, in the place and at the time of this use as referred to in Art. 9 of the Agreement, including to use within subsequent 12 months from the day of purchasing the Key of the Licensor’s support in a form of the Software`s update to its latest version and e-mail service, preserving the possibility of extending the support period for a payment after its expiry for subsequent 12 months from the day of purchasing this option; x) Multi-User Licence means a licence granted by the Licensor to the Commercial User for a payment that allows its to install, launch and use the Software or its Key together with the Software by this User and/or other User on as many Computers or terminals outside the application server as agreed by the Parties, id est the Licensor and Commercial User, at the moment of the Licence Purchase within the Service rendered, within the scope, in the place and at the time of this use as referred to in Art. 10 of the Agreement, allowing at the same time to use within subsequent 12 months from the day of purchasing the Key of the Licensor’s support in a form of the Software`s update to its latest version and e-mail service, preserving the possibility of extending the support period for a payment after its expiry for subsequent 12 months from the day of purchasing this option; y) Publication Trial Licence means a licence granted by the Licensor to the Commercial User, free of charge, which allows the single recording equipment possessed by this Commercial User to record a set of files of the Software together with the Key and images of the DICOM study / studies operated by the Software on CD/DVD recorded digitally in a way that allows solely the aforesaid entity to further use such recorded images of the study / studies by means of the Software in order to evaluate the usefulness of the Software or make a decision on purchasing the Publication Licence granted within the scope, in the place and at the time of this use as referred to in Art. 11 of the Agreement, and after the expiry of this period the aforesaid entity shall be obliged to uninstall or otherwise deprive of the Software effectively, or Purchase the Licence for the Software, if the Commercial User tends to still use it without any limitations (unlimited period, support etc.); z) Installation Trial Licence means a licence granted by the Licensor to the Home User or the Commercial User, free of charge, that allows its to install, launch and use the Software on one Computer within the scope, in the place and at the time of this use as referred to in Art. 12 of the Agreement, and after the expiry of this period the aforesaid entity shall be obliged to uninstall or otherwise deprive of the Software effectively, or renew / extend the aforesaid limited licence automatically in the Software for the subsequent definite period, or download and install the latest version of the Software and use it further within the period specified however and still under the limited licence, or Purchase the Licence for the Software, if the authorised User tends to still use it without any limitations (unlimited period, support etc.); aa) Licence Period means a period in which the Commercial User or the Home User may, free of charge, use the Software for trial purposes within the Publication Trial Licence or the Installation Trial Licence with its limitations; bb) Prohibited Use means the Customer’s use of the Service provided electronically in violation of the Regulations or the applicable laws; cc) Permitted Use means the use as referred to in Art. 3 (2) below; dd) Parties means the User / Customer or the Licensor / Service Provider, considered individually or jointly, depending on the context; ee) Non-Trial User means the User using the Software under the Licence other than the Installation Trial Licence or the Publication Trial Licence. LICENCE AGREEMENT AND LIMITED WARRANTY (hereinafter referred to as “Agreement”) PARTIES Article 2 Upon approving this document via the website https://store.radiantviewer.com or downloading, installing or starting to use RadiAnt DICOM Viewer in any version (hereinafter referred to as the “Software”), you hereby agree fully and unconditionally to be subject to Art. 3, 4, 15, 16 and 17 of the Agreement and such scope of the provisions of the Licence and the Agreement below that each time results from or is connected with the factual use (made by you) of the Software or actions taken towards the Software, as well as you hereby become the party to the Agreement concluded in the aforementioned scope by and between you and Medixant Maciej Frankiewicz with its registered office in Poznań, Poland (hereinafter referred to as the “Licensor”). On this day, you are also considered to be the User of the Software within the aforementioned scope. STATEMENTS, RESERVATIONS, FUNCTIONS AND PURPOSE OF THE SOFTWARE Article 3 1. The Licensor / Service Provider hereby states that it enjoys personal and proprietary copyrights in the Software, except for copyrights for free libraries that are used and integrated with the Software within open source licence. The Licensor / Service Provider is exclusively entitled to relevant and assigned copyrights in the Software and such rights are not any encumbrances or rights of any third parties. Upon approving this Agreement the User states that it has acquainted with the functionality or limitations of the Software and it does not raise any objections to them. 2. The Software, including the Software with the Key, is not certified as the medical equipment, therefore it shall be only used to view images of the DICOM study / studies and not to: a) be used in the process of making diagnostic and therapeutic decisions; b) substitute for a diagnosis of a practitioner entitled to perform a medical profession; or c) be used to interpret and report imaging studies, with the proviso of the regulations below. 3. The Software or the use of the Software may be subject to normative restrictions or the obligation to obtain relevant permissions or pay any fees and charges not pertaining to the Agreement to authorities governing specific issues in the health industry or to other entities, therefore the User / Customer states that prior to acquiring or starting to use the Software, such permissions shall be obtained or its activity shall not violate any provisions of acts or customs of the country of its jurisdiction which also covers any possible restrictions within the Permitted Use or the protection of personal and proprietary copyrights. 4. The Software shall be used to view images of the DICOM study / studies in the reference quality, the content of which shall not infringe any rights of any third parties or which may be browsed by the User / Customer properly authorized in the country of its jurisdiction. The Licensor shall not guarantee the quality of the viewed image which is mostly affected by the quality, resolution and other parameters of the equipment on which the Software is operated (monitor, graphic card), as well as lighting conditions at the workplace and other conditions being beyond the Licensor’s control. 5. If you are the party to the Agreement and have the academic status defined below, you shall use the Software only for scientific, teaching or research purposes. 6. At the moment the Key may be used only on one Computer / equipment specified in the Agreement, the foregoing not applies to Art. 5 (1), Art. 10(1), Art. 11(1) hereof, within the scope that is justified by the nature of the Licence specified in a given provision hereof. The Agreement may provide for exceptions to the aforesaid rule and shall modify it in such a case. 7. The User / Customer may rent, lease, transfer or dispose of any rights to the Software or to its related materials, enjoyed by its under the Licence and may be properly disposed to other entities only under terms and conditions below. Any similar restrictions shall refer to sub-licence rights. 8. Without obtaining the Licensor’s consent the User / Customer may not: a) decompile, disassemble, modify or otherwise interfere in the Software or the Key; b) create the derivative Software or the Key; c) remove or cover trade marks placed on the Software and its copies. 9. In case of any doubts, the User / Customer shall be deemed not to have any rights to trade marks and service marks. RESTRICTIONS OF AND EXCLUSIONS FROM THE LIABILITY Article 4 1. The Licensor / Service Provider shall not assume any risks and liabilities for any damage that results or may result from using the Software and its related materials by the User in violation with the Permitted Use or Art. 3 (3) – (7) above, as well as any damage that results or may result from erroneous diagnosis, decisions made in the diagnostic and therapeutic process, death or bodily injury. The liability for this damage shall be solely borne by the User and shall cover the liability to any third parties. The User shall hold harmless the Licensor / Service Provider against any possible claims to the above extent. 2. The Licensor / Service Provider shall not assume any liability for any damage that results from the use or failure to use the Software and its related materials that is beyond its control or exceeds the scope of its obligations towards the User. The User shall hold harmless the Licensor / Service Provider against any possible claims to the above extent. 3. Restrictions and exclusions provided for a given kind of the Licence used by the Party hereto shall be applied, respectively. PUBLICATION LICENCE Article 5 1. The Licensor shall grant to the Commercial User for the indefinite period the non-exclusive, sublicensed, transferable licence that allows one recording device possessed by its to record a set of files of the Software together with the Key and images of the DICOM study / studies operated by the Software on CD / DVD, recorded digitally in a way that allows any other User to further use such recorded images of DICOM study / studies by means of the Software from the day of the Licence Purchase. 2. The Licence transfer may be based on renting or leasing by the aforesaid User enjoyed by its rights to the Software and its related materials (including the Key), as well as transferring and disposing of such rights / materials (together with relevant obligations) by the User to a different new User with the proviso that at the same time the Software may be used in the above mentioned meaning by only one of the authorized individuals referred to in this paragraph and the Key may be contained on one recording device only. 3. The other User using the Software support for the recorded images of the DICOM study / studies operated by the Software as the entity that holds the limited licence (sub-licence) to view such images, shall not be authorized to further transfer the licence to any extent, unless it only refers to the transfer of the rights enjoyed by this User within the sub-licence and the provision of its related materials (including the Key) for their further use. 4. The Users as referred to in sec. 1-3 above may not multiply, except for the recorded CD / DVD or the recording device, the individual Key of the licence (with which the Software is equipped) to any unauthorized individuals. In case of any doubts the sublicensed User shall not be deemed to be entitled to further record or multiply the Software or its related materials digitally on any data storage medium, unless this action is taken under the Software’s permitted export of the study image in the form of a graphic file. 5. If the licence is transferred under terms and conditions as referred to in sec. 2 above or the sub-licence under terms and conditions as referred to in sec. 3 above, the User who transfers the licence or sub-licence shall notify its business partner of the Agreement in order to approve it, and particularly resulting from the Agreement’s` limitations, as well as it shall hold harmless the Licensor / Service Provider against any claims made against its by a new User acting as a lessee, tenant or assignee / purchaser connected with or resulting from the action taken. To this extent the Licensor / Service Provider shall not assume any liability for damages to the aforesaid entity. 6. The Commercial User shall be entitled to use the limited warranty and the Software update as referred to in Art. 13 and 14 hereof. 7. In case of any doubts the definition of the Publication Licence as referred to in Art. 1(t) shall be deemed to constitute the integral part of this paragraph or supplement to this paragraph to the extent appropriate. 8. The payment for the Publication Licence made under terms and conditions as referred to in this paragraph shall be each time determined upon ordering the Service as referred to in Art. 19 of the Regulations. PERSONAL INSTALLATION LICENCE Article 6 1. The Licensor shall grant to the Commercial User for the indefinite time the non-exclusive, non-sublicensed, transferable licence for installing, launching and using the Software on one Computer from the date of the Licence Purchase. 2. The Licence transfer may be based on renting or leasing by the aforesaid User enjoyed by its rights to the Software and its related materials (including the Key), as well as transferring and disposing of such rights / materials (together with relevant obligations) by the User to a different new User with the proviso that at the same time the Software may be used in the above mentioned meaning by only one of the authorized individuals referred to in this paragraph and the Key may be contained on one Computer only. 3. The Users as referred to in sec. 1 and 2 may not multiply the individual Key of the licence (with which the Software is equipped) outside the Computer to any unauthorized individuals. 4. If the licence is transferred under terms and conditions as referred to in sec. 2 above the User who transfers the licence shall notify its business partner of the Agreement in order to approve it, and particularly resulting from the Agreement`s limitations, as well as it shall hold harmless the Licensor / Service Provider against any claims made against its by a new User acting as a lessee, tenant or assignee / purchaser connected with or resulting from the action taken. To this extent the Licensor / Service Provider shall not assume any liability for damages to the aforesaid entity. 5. The Commercial User shall be entitled to use the limited warranty and the Software update as referred to in Art. 13 and 14 of the Agreement. 6. In case of any doubts the definition of the Personal Installation Licence as referred to in Art. 1(u) shall be deemed to constitute the integral part of this paragraph or supplement to this paragraph to the extent appropriate. 7. The payment for the Personal Installation Licence made under terms and conditions as referred to in this paragraph shall be each time determined upon ordering the Service as referred to in Art. 19 of the Regulations. ACADEMIC INSTALLATION LICENCE Article 7 1. The Licensor shall grant to the Commercial User of the academic status based individual for the indefinite time the non-exclusive, non-sublicensed, transferable licence for installing, launching and using the Software on one Computer from the date of the Licence Purchase. 2. The Licence transfer may be based on renting or leasing by the aforesaid User enjoyed by its rights to the Software and its related materials (including the Key), as well as transferring and disposing of such rights / materials (together with relevant obligations) by the User to a different new User with the proviso that at the same time the Software may be used in the above mentioned meaning by only one of the authorized individuals referred to in this paragraph and the Key may be contained on one Computer only. 3. The Users as referred to in sec. 1 and 2 may not multiply the individual Key of the licence (with which the Software is equipped) outside the Computer to any unauthorized individuals. 4. If the licence is transferred under terms and conditions as referred to in sec. 2 above the User who transfers the licence shall notify its business partner of the Agreement in order to approve it, and particularly resulting from the Agreement`s limitations, as well as it shall hold harmless the Licensor / Service Provider against any claims made against its by a new User acting as a lessee, tenant or assignee / purchaser connected with or resulting from the action taken. To this extent the Licensor / Service Provider shall not assume any liability for damages to the aforesaid entity. 5. The Commercial User shall be entitled to use the limited warranty and the Software update as referred to in Art. 13 and 14 of the Agreement. 6. In case of any doubts the definition of the Academic Installation Licence as referred to in Art. 1(v) shall be deemed to constitute the integral part of this paragraph or supplement to this paragraph to the extent appropriate. 7. The payment for the Academic Installation Licence made under terms and conditions as referred to in this paragraph shall be each time determined upon ordering the Service as referred to in Art. 19 of the Regulations. Article 8 1. Individuals of the academic status within the meaning of Art. 7(1) above may be only the following natural and legal persons: a) student, b) university teacher, or c) college. 2. In order to Purchase the Licence as referred to in Art. 7 above, the User shall, after getting itself acquainted with the terms and conditions hereof, e-mail the Licensor a relevant copy (scan) of the proof of his / her academic status such as: a) student identification card, b) teacher card, or c) other certified document issued in a given country. 3. If within 14 days of providing the proof of the User’s rights the Licensor does not require any supplementary documents or the same document in original, the Licence as referred to in Art. 7 above shall be deemed to be Purchased. In other cases, there shall be applied those of provisions of the Agreement that in the best way possible reflect the act between the Parties and the actual method of the Software use until the Licensor acknowledges by e-mail (specified when using the Service) the status of the Academic Installation Licence. STANDARD INSTALLATION LICENCE Article 9 1. The Licensor shall grant to the Commercial User for the indefinite time the non-exclusive, non-sublicensed, transferable licence for installing, launching and using the Software on one Computer from the date of the Licence Purchase. 2. The Licence transfer may be based on renting or leasing by the aforesaid User enjoyed by its rights to the Software and its related materials (including the Key), as well as transferring and disposing of such rights / materials (together with relevant obligations) by the User to a different new User with the proviso that at the same time the Software may be used in the above mentioned meaning by only one of the authorized individuals referred to in this paragraph and the Key may be contained on one Computer only. 3. The Users as referred to in sec. 1 and 2 may not multiply the individual Key of the licence (with which the Software is equipped) outside the Computer to any unauthorized individuals. 4. If the licence is transferred under terms and conditions as referred to in sec. 2 above the User who transfers the licence shall notify its business partner of the Agreement in order to approve it, and particularly resulting from the Agreement`s limitations, as well as it shall hold harmless the Licensor / Service Provider against any claims made against its by a new User acting as a lessee, tenant or assignee / purchaser connected with or resulting from the action taken. To this extent the Licensor / Service Provider shall not assume any liability for damages to the aforesaid entity. 5. The Commercial User shall be entitled to use the limited warranty and the Software update as referred to in Art. 13 and 14 of the Agreement. 6. In case of any doubts the definition of the Standard Installation Licence as referred to in Art. 1(w) shall be deemed to constitute the integral part of this paragraph or supplement to this paragraph to the extent appropriate. 7. The payment for the Standard Installation Licence under terms and conditions as referred to in this paragraph shall be each time determined upon ordering the Service as referred to in Art. 19 of the Regulations. MULTI-USER LICENCE Article 10 1. The Licensor shall grant to the Commercial User for the indefinite time the non-exclusive, non-sublicensed, transferable licence for installing, launching or using the Software or its Key with the Software by another User on as many Computers or terminals outside the application server as agreed by the Parties, id est the Licensor and the Commercial User, when Purchasing the Licence from the date of the Licence Purchase. 2. The Licence transfer may be based on renting or leasing by the aforesaid User enjoyed by its rights to the Software and its related materials (including the Key), as well as transferring and disposing of such rights / materials (together with relevant obligations) by the User to a different new User with the proviso that at the same time the Software may not be used in the above mentioned meaning by the so-far authorized entity and the Key may be contained on as many Computers / terminals as agreed by the Parties, id est the Licensor and the Commercial User, when purchasing the Licence. 3. The Users as referred to in sec. 1 and 2 may not multiply the individual Key of the licence (with which the Software is equipped) outside the Computer / terminal to any unauthorized individuals. 4. If the licence is transferred under terms and conditions as referred to in sec. 2 above the User who transfers the licence shall notify its business partner of the Agreement in order to approve it, and particularly resulting from the Agreement’s limitations, as well as it shall hold harmless the Licensor / Service Provider against any claims made against its by a new User acting as a lessee, tenant or assignee / purchaser connected with or resulting from the action taken. To this extent the Licensor / Service Provider shall not assume any liability for damages to the aforesaid entity. 5. The Commercial User shall be entitled to use the limited warranty and the Software update as referred to in Art. 13 and 14 of the Agreement. 6. In case of any doubts the definition of the Multi-User Licence as referred to in Art. 1(x) shall be deemed to constitute the integral part of this paragraph or supplement to this paragraph to the extent appropriate. 7. The payment for the Multi-User Licence under terms and conditions as referred to in this paragraph shall be each time determined upon ordering the Service as referred to in Art. 19 of the Regulations. PUBLICATION TRIAL LICENCE Article 11 1. The Licensor shall grant to the Commercial User for the definite period each time specified in the downloaded Software the non-exclusive, sublicensed, non-transferable licence which allows the single recording equipment possessed by this Commercial User to record a set of files of the Software together with the Key and images of the DICOM study / studies operated by the Software on CD/DVD recorded digitally in a way that allows solely the aforesaid entity to further use such recorded images of the DICOM study / studies by means of the Software and in order to evaluate the usefulness of the Software or make a decision on purchasing the Publication Licence from the day of downloading the Software to the extent of the Service. 2. Due to the non-transferability of the Licence, the aforesaid User shall not rent or lease its enjoyed by its limited rights to the Software, as well as transfer / dispose (together with relevant obligations) to a different new User, however it shall not prevent other entities from downloading autonomously to the extent of the Service use, installing, launching and using the Software under terms and conditions of the Agreement, including this Licence. 3. The other User using the Software support for the recorded images of the DICOM study / studies operated by the Software as the entity that holds the limited licence (sub-licence) to view such images, shall not be authorized to further transfer the licence to any extent, unless it only refers to the transfer of the rights enjoyed by this User within the sub-licence and the provision of its related materials (including the Key) for their further use. 4. The Users as referred to in sec. 1-3 above may not multiply, except for the recorded CD / DVD or the recording device, the individual Key of the licence (with which the Software is equipped) to any unauthorized individuals. In case of any doubts the sublicensed User shall not be deemed to be entitled to further record or multiply the Software or its related materials digitally on any data storage medium, unless this action is taken under the Software’s permitted export of the study image in the form of a graphic file. 5. In case of any doubts the definition of the Publication Trial Licence as referred to in Art. 1(y) shall be deemed to constitute the integral part of this paragraph or supplement to this paragraph to the extent appropriate. INSTALLATION TRIAL LICENCE Article 12 1. The Licensor shall grant to the Home User or the Commercial User for the definite period each time specified in the downloaded Software the non-exclusive, non-sublicensed, non-transferable licence for installing, launching and using the Software on one Computer from the day of downloading the Software to the extent of the Service use. 2. Due to the non-transferability of the Licence, the aforesaid User shall not rent or lease enjoyed by its limited rights to the Software, as well as transfer / dispose (together with relevant obligations) to a different new User, however it shall not prevent other entities from downloading autonomously to the extent of the Service use, installing, launching and using the Software under terms and conditions of the Agreement, including this Licence. 3. In case of any doubts the definition of the Installation Trial Licence as referred to in Art. 1(z) shall be deemed to constitute the integral part of this paragraph or supplement to this paragraph to the extent appropriate. LIMITED WARRANTY Article 13 . 1. The Licensor / Service Provider does not guarantee that the Software shall fully meet the User’s requirements and that the Software shall be free from any non-functional errors and operate without any obstacles on each hardware configuration, however the Licensor / Service Provider shall make its endeavours to do so. 2. In case of detecting a cyclic error in the Software operation or any irregularities of its operation the Licensor / Service Provider shall make every effort to remedy these defects or provide a relevant Software update. Any notices on errors / irregularities shall be subject to Art. 25 of the Regulations. UPDATE Article 14 The Licensor shall have the right but not be obliged to provide Non-Trial Users with the Software update. The update shall be deemed to be a modification to the Software that improves or develops the Software and keeps its previous functionality, respectively. At the moment of the update implementation it shall become the part of the Software and be subject to relevant terms and conditions of the Licence. The User agrees that it may not have access to the update, if it does not Purchase the Licence, unless otherwise specified by the Licensor. INFRINGEMENTS OF THE AGREEMENT AND DAMAGES Article 15 1. The infringement of the Agreement or the use of the Software in violation with the Agreement by the User shall be deemed to be the termination of the Agreement. In this case, the User shall pay the Licensor / Service Provider the contractual penalty of EUR 100 (one hundred euros), however this contractual penalty shall not exclude the Licensor’s right to claim further damages exceeding the amount of the contractual penalty. 2. The User shall be liable for any damage that results or may result from the infringement of the Agreement by the User. To the above extent, the User shall hold harmless the Licensor / the Service Provider against any possible claims against its, that the Licensor / the Service Provider is not liable for such damage. 3. The Licensor / Service Provider shall not be liable for any damage caused by its directly or unintentionally to the Non-Trial User within the Agreement or as a result of the use of the Software together with its related materials /images exceeding the amount paid for the Licence Purchase (including any damage caused by interruptions to the Services, lost of data, lost profits) unless the laws of the User’s country exclude or limit such possibility, if applicable. If the laws of the User’s country permit to do so, the limitation of the Licensor’s / Service Provider’s liability shall also cover the damage caused intentionally. 4. The Licensor / Service Provider shall not be liable for any damage caused by its directly or unintentionally to the User using the Installation Trial Licence or the Publication Trial Licence (including the damage caused by interruptions to the Services, lost of data, lost profits), unless the laws of the User’s country exclude or limit such possibility, if applicable. If the laws of the User’s country permit to do so, the limitation of the Licensor’s / Service Provider’s liability shall also cover the damage caused intentionally. CONCLUSION AND TERMINATION OF THE AGREEMENT Article 16 1. The Agreement shall be concluded between the Parties at the moment as referred to in Art.2. 2. The Agreement shall expire on the day of uninstallation or other disposal of the Software, including its related materials (together with the possible Key). If the Licence is granted for the indefinite period, the additional condition shall be to provide the written termination of the Agreement. The termination notice shall be submitted one month in advance on pain of nullity. In other cases, the Agreement shall be terminated upon the expiry of the Trial Period, unless the Licence is permitted to be further used / renewed / extended. 3. The infringement of the Agreement or the use of the Agreement in violation with the Agreement by the User shall be deemed to be the termination of the Agreement with the immediate effect. The User shall uninstall or otherwise dispose of the Software, including its related materials as soon as it is notified of such termination. 4. The termination of the Agreement shall not affect these provisions of the Agreement which due to their nature are applicable after the termination of the Agreement. 5. If any part of the Agreement is deemed to be void, ineffective or erred in law, the remaining part of the Agreement shall be effective. In case of any provisions deemed to be void, ineffective or unenforceable, the Licensor shall be authorized to replace such provisions, if possible, with valid, effective and enforceable provisions, the wording of which shall correspond to the intent of the Parties embodied by the original provisions, however the other Party shall have the right to raise the objection in writing. FINAL PROVISIONS Article 17 1. Any amendments hereto shall be made in writing on pain of nullity. 2. The Agreement shall be governed by Polish law and any and all claims arising out of the Agreement shall be subject to the court of Warszawa – Śródmieście, Poland. 3. In case of any discrepancies between the Agreement and the Licensor’s individual licence agreements, the provisions of such agreements shall prevail. 4. In the event of any discrepancies between the language versions of the Agreement, the Polish version shall prevail. REGULATIONS FOR THE PROVISION OF SERVICES ELECTRONICALLY (hereinafter referred to as the “REGULATIONS”) GENERAL PROVISIONS Article 18 1. The Service Provider shall be Medixant Maciej Frankiewicz with its registered office in Poznań, at ul. Botaniczna 34, e-mail: store@medixant.com. 2. The Regulations shall provide for the terms and technical conditions of the provision of the Services by the Service Provider electronically via the website on the address: store.radiantviewer.com/terms. 3. The Regulations shall be available, free of charge, via the aforesaid website in a form that allows the Regulations to be downloaded, saved and printed out. SERVICES PROVIDED ELECTRONICALLY Article 19 1. The Service Provider shall provide the following services: a) allowing the Software or its related materials to be downloaded individually upon the request of the Customer or via the website: www.radiantviewer.com; b) ordering for a payment the Commercial Licence for the Software on the online shop available via the website: store.radiantviewer.com; c) making the Key available under the order as referred to in point (b) above; d) providing information on the Software in the discussion board on the website: www.radiantviewer.com/discussions.php; e) providing individual information on the Software operation via e-mail under the Purchased Personal Installation Licence, Academic Installation Licence, Standard Installation Licence or Multi-User Licence; f) providing the Software updates under the Purchased Personal Installation Licence, Academic Installation Licence, Standard Installation Licence or Multi-User Licence. 2. As a rule, the Service under which the Software or its related materials may be downloaded individually in the Service Provider’s country shall not require any permissions or concessions because the Software shall be only used to view images of the study / studies and not be used in the diagnostic and therapeutic process. However, Art. 3 of the Agreement shall be applied in the Regulations, respectively. TERMS AND CONDITIONS OF USING SERVICES Article 20 Each Customer shall be obliged to observe the terms and conditions of the Regulations commencing as of the moment of taking any actions leading to the use of the Services. The Customer may however acquaint with the Regulations without being bound by their content unless the aforesaid condition occurs. Article 21 1. Technical conditions for using the Services as referred to in Art. 19 above shall be as follows: a) the Internet connection; b) the Internet browser which screens HTML documents connected with the Internet by the website service and operates the encrypted transmission protocol HTTPS. 2. The Customer may use and pay for the Service anonymously or under a nickname, unless the nature of the Service requires to provide the personal data and it is technically possible. If the aforesaid provision is violated, the Service Provider shall notify the Customer of its prohibited actions and require to cease performing them immediately, but to the extent necessary to establish the Customer’s liability, its data may be processed, provided that the fact of acquisition of such data and content of messages are recorded for evidential purposes. 3. The Customer shall be forbidden to provide illegal contents. If the Service Provider is provided with an official notice or a reliable notice on the illegal nature of any stored data provided by the Customer, the Service Provider may forthwith make such data inaccessible. 4. The Service Provider states that due to the public character of the Internet the use of the Services may be subject to the risk that may be minimized appropriately by meeting instructions available on the Internet via the website: store.radiantviewer.com/privacy. 5. The Customer Provider states that the list of the Services provided electronically and anonymously or under a nickname or their terms and conditions shall be available on the Internet via the website: store.radiantviewer.com/privacy. DATA PROCESSING Article 22 1. The Service Provider may process the following Customer’s personal data necessary to establish, form a wording, change or terminate the legal relationship, including any data acquired under the order as referred to in Art. 19 (1) (b), such as: a) the Customer’s name and surname, b) PESEL No. (Polish Resident Identification Number) or – if this number is not given – the number of the passport, identification document or any other documents that prove its identity, c) address of permanent residence, d) address for service, if different from the address as referred to in point (c), e) data used to verify the Customer’s electronic signature, f) the Customer’s electronic addresses, g) any other data required due to their nature of the Service provided or the method of its settlement, e.g. tax number, h) any data acquired at the Customer’s consent for advertising purposes which are not however necessary to provide the Services electronically. 2. Moreover, the Service Provider may process the Customer’s operation data that characterize the method of using the electronic Service by the Customer such as: a) marks that identify the Customer provided under the aforesaid data, b) marks that identify the termination point of the Telecommunication Network or the ICT System used by the Customer, c) information on starting, ending and the scope of the Service used from time to time, d) information on the Services used by the Customer. 3. The Service Provider shall have the right to refuse to provide the Services electronically, if the Customer fails to provide the data as referred to in sec. 1 and 2 above, unless the processing of these data is required due to the method of operation of the ICT System that assures the provision of the Service electronically or the characteristics of the Service or is required by the applicable laws. 4. As soon as the Customer ceases using the Service, the Service Provider shall not process any personal data as referred to in Art. 22 (1) and (2) of the Regulations, except for the following data: a) necessary to settle the Services or seek any claims for payments for the use of the Services or any other claims related with the provision of the Services, b) necessary for advertising purposes, market surveys, the Customers’ behaviours and preferences and results of such surveys are used to improve the quality of the Services provided by the Service Provider to the Customer at the Customer’s consent, c) necessary to explain any circumstances of the Prohibited Use of the Service, d) allowed to be processed under the separate laws or the Agreement. 5. The Service Provider shall process the data, as referred to in sec. 4 above, after the end of the Service with the proviso of the following rules: a) the settlement of the Service provided electronically submitted to the Customer may not disclose the kind, duration, frequency and other technical parameters of individual Services used by the Customer, unless the Customer requires any details to the above extent, b) the data processing for advertising purposes, market surveys and the Customers’ behaviours and preferences and the use of results of such surveys to improve the quality of the Services provided by the Service Provider at the Customer’s consent shall only include a list of the data as referred to in Art. 22 (1) (h) and sec. 2 pertaining to the use of various Services provided electronically by the Customer, provided that any marks that identify the Customer or the termination point of the Telecommunication Network or the ICT System used by the Customer (data anonymization) are removed, unless the Customer previously agreed not to remove such marks, c) The Service Provider may not combine the Customer’s personal data with its nickname. 6. If the Service Provider is provided with the information on using the Service by the Customer electronically in violation of the Regulations or the applicable laws, the Service Provider may process the Customer’s personal data to the extent necessary to determine the Customer’s liability, provided that the fact of acquisition of such data and messages` contents are recorded for evidential purposes. 7. The information on technical means made available by the Service Provider that prevent any personal data from being acquired and modified by any unauthorized individuals shall be specified in the Personal Data Declaration available on the website: store.radiantviewer.com/privacy. RESTRICTIONS OF AND EXCLUSIONS FROM THE LIABILITY, DAMAGE Article 23 1. The Licensor / Service Provider shall not assume any liability against the Customer for the damage caused due to make the aforesaid illegal data inaccessible, if it forthwith makes such data inaccessible, but if the Licensor / Service Provider is reliably notified of the illegality of such information, the Customer shall be additionally notified of the Licensor’s / Service Provider’s intention to make these data inaccessible. Moreover, the Service Provider shall not be liable, if it is not aware of the illegal nature of the data or the activity connected with such data. 2. If the Service provided by the Service Provider electronically includes the data transmission provided by the Customer in the Telecommunication Network or the access to the Telecommunication Network, the Licensor / Service Provider shall not be liable for the provided data, provided that: a) it fails to initiate the data transmission; b) it fails to select a receiver of the data transmission; c) it fails to select or modify the information specified in the transmission. 3. The exclusion of the liability as referred to in Art. 2 above shall also refer to the automatic, short-term, indirect storage of the data transmission, if the only aim of this activity is to carry out the transmission and the data are not stored longer than accepted in normal conditions necessary to carry out the transmission. 4. If the data are stored indirectly in order to accelerate another access to them upon the Customer’s request, the Licensor / Service Provider shall not assume any liability, if the Licensor / Service Provider: a) does not modify any data; b) applies recognized computer techniques usually used in this kind of activity that specify technical parameters of the data access and their update; and c) does not disrupt the use of the computer techniques that are usually used and the use of computer techniques recognized and usually used in this kind of activity in respect of the collection of the information on using the data collected. 5. In addition, the Licensor / Service Provider shall not be liable for any stored data, if the Licensor / Service Provider, complying with the conditions as referred to in sec. 4 above, forthwith removes any data or makes the stored data inaccessible, is notified that the data were removed from the initial transmission source or the access to such data is impossible or the court or other relevant authorities ordered to have such data removed or made inaccessible. 6. The Licensor / Service Provider shall not assume any liability for any results of the improper use or the protection of a payment card used to perform the Agreement made remotely and pay for the Service (Licence Purchase) of which the Service Provider does not have any influence and are served by an exterior entity on the basis of the panel provided by its, unless otherwise specified by the laws of the User’s country and if applicable. CONCLUSION AND TERMINATION OF THE AGREEMENT ON THE PROVISION OF SERVICES Article 24 1. The Regulations shall be the integral part of any agreements on the provision of the Services electronically concluded by and between the Service Provider and the Customer. The aforesaid agreement shall be made by starting to use the Services. 2. The Customer may at any time cease using the ordered Service, provided that the requirements as referred to in Art. 16 (2) of the Agreement are met. At the above moment the agreement on the provision of the Services electronically is deemed to be terminated automatically, if the stipulation as referred to in Art. 16 (3) occurs. 3. The termination of the agreement on the provision of the Services electronically shall not refer to these provisions of the Regulations that – due to their nature – are applicable after their termination. COMPLAINTS Article 25 1. The Customers shall be entitled to make written complaints about the Services. Any complaints shall be sent to the Service Provider by registered mail to the following address: Medixant Maciej Frankiewicz, ul. Botaniczna 34, 60-586 Poznań, Poland. The Service Provider shall only examine complaints including the following data: a) the identification of the Customer (its name, surname, address for service, e-mail), and in case of a legal person (full business name), address for service, e-mail, name of the person authorized to handle matters in respect of the complaint); b) the description of the problem under which the complaint is made. 2. Any complaints shall be examined by the Service Provider within 14 days of their receipt and in case of very complex matters – within the time limit fixed via e-mail specified in the notice. The Service Provider shall forthwith notify the party making the complaint of a result via e-mail specified in the notice. OTHER OBLIGATIONS Article 26 1. The Service Provider shall provide the Customer with the permanent access to the up-to-date information as referred to in Art. 21 (4) and (5) of the Regulations via the ICT System. 2. The Customer shall be individually notified by the Service Provider via a remote communication means prior to the conclusion of the proposed Agreement of (a) a name and surname (business name), address of residence (registered office) of the Licensor / Service Provider, authority that registered the Licensor’s / Service Provider’s business activity, as well as of the entrepreneur’s registration number, (b) essential properties of the Software in a given Licence and its subject, (c) a price or payment for the Software in a given Licence including their all elements, (d) terms of the price or payment, (e) expenses, date and method of delivering the Software in a given Licence, (f) the lack of the legal basis for terminating the Agreement for the return of a payment due to the computer nature of the Software medium and the approval of the Agreement / Licence when the Service is probably used, (g) a period in which the offer or the information is binding, (h) a minimum period or period for which the Licence for the Software is granted, (i) a place and method of making complaints, (j) the right to terminate the Agreement. The Service Provider shall acknowledge the information as referred to in sec. 2 to the Customer being the consumer via e-mail no later than at the moment of starting to perform the obligation. FINAL PROVISIONS Article 27 1. The Regulations shall enter into force on 1 June 2011. 2. The Service Provider shall have the right to amend the Regulations unilaterally. Any amendments shall enter into force at the moment of placing the amended Regulations on the Internet via the website as referred to in Art. 18 (2) of the Regulations, however such amendments shall not be retroactive, therefore the termination of the Regulations on the basis of this rule shall be unacceptable. 3. The Agreement shall be governed by Polish law and any and all claims arising out of the Regulations shall be subject to the court of Warszawa – Śródmieście, Poland. 4. In case of any discrepancies between the Regulations and the Licensor’s individual licence agreements, the provisions of such agreements shall prevail. 5. If any part of the Regulations is deemed to be void, ineffective or erred in law, the remaining part of the Regulations shall be effective. In case of any provisions deemed to be void, ineffective or unenforceable, the Licensor shall be authorized to replace such provisions, if possible, with alternative valid, effective and enforceable provisions, the wording of which shall correspond to the intent of the Parties embodied by the original provisions, however the other Party shall have the right to raise the objection in writing. 6. In the event of any discrepancies between the language versions of the Regulations, the Polish version shall prevail.