LICENCE AGREEMENT
(hereinafter referred to as the
“Agreement”)
DEFINITIONS
1. In this document the following terms shall have the following meanings:
a) Program (interchangeably “Software”) – means, depending on the choice, intended for installation on a personal computer the RadiAnt DICOM Viewer version of a program or distributed only on CDs / DVDs or on the flash drive the RadiAnt DICOM Viewer CD/DVD version of a program (both versions available for download from the Licensor’s website) with its limitations as set forth in the Agreement, if used for trial purposes or without limitations, if not used for trial purposes;
b) User - means a natural person, a legal person, an organisational entity which installs or uses any version of the Program for trial and non-trial purposes;
c) Parties - means the User or the Licensor, considered individually or jointly, as the case may be;
d) Licence - means a contractual Licence appropriate for the installed or used Software and for the purpose of this use that enables the User to use the Program;
e) Computer - means a desktop or portable computer possessed by the User;
f) Key (interchangeably “Licence Key”) - means an individual digital module (digital content) for the Program granted by the Licensor to the User who express such will (statement) that is necessary to unblock any limitations of the Program previously provided for trial purposes and including one or more Licences and appropriate for being used in a number of the Computers / recording equipment or possibly terminals that corresponds to the number of the Licences acquired;
g) Licence Purchase - means the paid acquisition of any rights to use the Program by the User from the Licensor under given kind of the non-trial Licence (without limitations) in the form of the individually programmed Key under the Parties’ agreement with the proviso that payment for time-based licenses is charged in advance for the entire period subscribed. The Key applied with the Program shall unblock its limitations provided in the previously used Licence;
h) Licensor - means Medixant Maciej Frankiewicz with registered office in Poznań, address: ul. Promienista 25 (post code: 60-288 Poznań), Tax No: 6652527251, REGON No: 301679591.
2. Whenever the Agreement includes any legal or contractual definitions not defined herein, those definitions shall be defined by: Regulations for Providing Services by Electronic Means available through the website available on the Internet at the following address: www.radiantviewer.com/terms/ (hereinafter referred to as the “Regulations”) or the provisions of relevant acts, in particular the Act of 18 July 2002 on Rendering Electronic Services, the Act of 30 May 2014 on Consumer’s Rights, and the Act of 23 April 1964 - Civil Code.
3. Whenever this document applies to any defined terms in the plural or in any grammatical case, those terms shall have the same meanings as the terms in the singular or in the aforesaid grammatical cases.
Clause 1
By installing the Program or using the Program the User hereby consents to the terms and conditions of this Agreement without prejudice to the provisions of the Regulations.
LICENSES FOR AN INDEFINITE PERIOD
Clause 2
1. The Licensor shall grant to the User who installed or uses the Program in the RadiAnt DICOM Viewer version from day of Purchasing the Licence (Licence Purchase) and for an indefinite period a paid, non-exclusive, non-sublicensed and transferrable licence to install, start and use the Program on the Computer or on a remote terminal (if the Program is used in the server environment) and if applicable - on a contractually agreed number of Computers or remote terminals, including the Licensor allows the User to use, within 12 (twelve) consecutive months from the date of purchasing the Key, the support provided by the Licensor in the form of the latest version update of the Program preserving the option to renew such support for payment following its expiry of 12 (twelve) consecutive months from the expiry of the previously Purchased Licence.
2. The transfer of the aforesaid Licence may involve leasing the User’s rights to the Program and its related materials (including the Key) and transferring and disposing of those rights / materials (together with relevant obligations) by the User to a new and another User but at the same time the Program may only be used by one of the authorised entities as referred to in this section.
3. The Users as referred to in sections 1 and 2 above may not reproduce the individual Licence Key to the Program outside the Computer or the remote terminal in favour of any unauthorised persons.
4. If the Licence is transferred under section 2 above, the User transferring the Licence shall notify its business partner of the Agreement to approve it, in particular any restrictions arising hereunder, and shall hold the Licensor harmless against any claims made by a new User who is the lessee, assignee / acquirer against the Licensor for the activity conducted. The Licensor shall not also be held liable for any damages to such entity.
5. The User has the right to use the limited warranty and any update of the Program as referred to in Clause 9 and Clause 10 hereof.
6. The compensation for the use of the Licence as referred to in Clause 2 hereof shall be each time expressed in money in the order (purchase) in a way as set forth in the Regulations.
Clause 3
1. The Licensor shall grant the User who has installed or uses the RadiAnt DICOM Viewer CD/DVD program in the version distributed on CDs/DVDs or on the flash drive from the day of Purchasing the Licence (Licence Purchase) and for an indefinite period a paid, non-exclusive, sublicensed and transferrable licence to record on its recorder and if applicable - on a contractually permitted number of recorders, a set of files of the Program together with the Key and images of the DICOM study / studies operated by the Program on CDs/DVDs or on the flash drive (e.g. USB flash memory sticks, memory cards, etc.) recorded digitally in a way that allows to further use such recorded images of DICOM study/studies by any other User, including the Licensor allows the User to use within 12 (twelve) consecutive months from the date of Purchasing the Licence the support provided by the Licensor in the form of the latest version update of the Program preserving the option to renew such support for payment following its expiry of 12 (twelve) consecutive months from the expiry of the previously Purchased Licence.
2. The transfer of the Licence may involve leasing the User’s rights to the Program and its related materials (including the Key) and transferring and disposing of those rights / materials (together with relevant obligations) by the User to a new and another User but at the same time the Program may only be used by one of the authorised entities as referred to in this section.
3. The other User who uses the recorded images of DICOM study / studies by means of the Program as an entity holding a limited licence (sub-licence) to view those images only from the CD/DVD or the USB flash drive on which the Key has been originally recorded, shall not be authorised to further transfer the licence to any extent unless it only applies to the transfer of such User’s rights under such sub-licence and the further disposal of its related materials (including the Key).
4. The Users as referred to in sections 1-3 above may not reproduce the individual licence Key in which it is provided the Program, except for the recorded CD / DVD, the USB flash drive or the recorder, in favour of any unauthorised persons but images of DICOM study / studies may be recorded on the aforesaid data media only in the recording device for which the licence has been purchased, therefore the protection does not cover any images and files recorded outside the licenced device / Computer. In case of any doubt it is understood that the sublicensed User is not authorised to further record or multiply the Program or its related materials digitally on any data medium unless this activity is carried out as part of the allowed export of the examination image in a form of the graphic file by the Program.
5. In case of the transfer of the licence under section 2 above or of the sub-licence under section 3 above, the User transferring the licence or the sub-licence shall notify its business partner of the Agreement to approve it, in particular any restrictions arising hereunder, and shall hold the Licensor harmless against any claims made by a new User who is the lessee, assignee / acquirer against the Licensor for the activity conducted. Moreover, the Licensor shall not be held liable for any damages to such entity.
6. The User has the right to use the limited warranty and any update of the Program as referred to in Clause 9 and Clause 10 hereof.
7. The compensation for the use of the Licence as referred to in Clause 3 hereof shall be each time expressed in money in the order (purchase) in a way as set forth in the Regulations.
LIMITED TERM LICENSES
Clause 4
1. The Licensor shall grant to the User who installed or uses the Program in the RadiAnt DICOM Viewer version from day of Purchasing the Licence (Licence Purchase) for a specified period and selected by the User from the subscription plans offered to him (RadiAnt DICOM Viewer – Subscription plan) a paid, non-exclusive, non-sublicensed and transferrable licence to install, start and use the Program on the Computer or on a remote terminal (if the Program is used in the server environment) and if applicable - on a contractually agreed number of Computers or remote terminals, including the Licensor allows the User to use, within the above-mentioned selected subscription period counted fom the date of purchasing the Key, the support provided by the Licensor in the form of the latest version update of the Program. After the subscription license described in the preceding sentence has expired or before the expiry of this period, the User may extend the above-mentioned license for a further defined time and selected by the User from the subscription plans offered to him, and the provisions of the previous sentence shall apply accordingly. Alternatively, the User may - if it is provided for in the IT system - indicate when Purchasing the License described above that its extension will take place automatically on a prepaid basis or by debiting the declared payment card, unless the order has been changed, the debiting of the card has failed or the prepaid limit has been exhausted, the provisions of the preceding sentence and the previous reference shall apply accordingly.
2. Provisions of Clause 2 (2) – (6) apply accordingly to hereby license.
TRIAL LICENCES
Clause 5
1. The Licensor shall grant the User who has installed or uses the Program in the RadiAnt DICOM Viewer version for trial purposes and has not Purchased the Licence yet (Licence Purchase), a non-paid, non-exclusive, non-sublicensed and non-transferable licence necessary to install, start and use the Program on the Computer or Computers for a definite period and each time specified in the downloaded Program. On expiry of the definite period of the permitted use of the Program, the User shall uninstall or otherwise deprive of the Program effectively or renew / extend the aforesaid limited licence for the subsequent available definite period or download and install a newer version of the Program and use it further within a period specified under this limited licence or Purchase the Licence for the Program, if the User tends to still use it without any limitations (unlimited or limited period, support, etc.);
2. The non-transferability of the licence shall exclude the aforesaid User’s right to lease the User’s limited rights to the Program and to transfer / dispose (together with any relevant obligations) by the User to another new User but this does not exclude other entities’ right to autonomously download the Program as part of the Service, to install, start and use the Program under the Agreement, including this licence.
Clause 6
1. The Licensor shall grant to the User who has installed or uses for trial purposes the Program in the version for CD/DVD or the flash drive distribution (RadiAnt DICOM Viewer CD/DVD) and has not Purchased the Licence yet (Licence Purchase) for a definite period and each time specified in the downloaded Program, a non-payable, non-exclusive, sublicensed and non-transferable licence which allows one recording equipment possessed by this User to record a set of files of the Program together with the Key and images of the DICOM study / studies operated by the Program on CD/DVD or on the flash drive (e.g. USB flash memory sticks, memory cards, etc.) recorded digitally in a way that allows to further use such recorded images of DICOM study/studies by means of the Program only by the aforesaid entity and to evaluate the usefulness of the Program or to make a decision on purchasing the licence. On expiry of the definite period of the permitted use of the Program, the User shall uninstall or otherwise deprive of the Program effectively or purchase the Licence for the Program, if the User tends to still use it without any limitations (unlimited period, support, etc.).
2. The non-transferability of the aforesaid licence shall exclude the aforesaid User’s right to lease any limited rights to the Program vested with the User and to transfer / dispose (together with relevant obligations) by the User to another new User but this does not exclude other entities’ right to autonomously download the Program as part of the Service, to install, start and use the Program under the Agreement, including this licence.
3. Another User who uses the recorded images of DICOM study / studies by means of the Program as an entity holding a limited licence (sub-licence) to view those images shall not be authorised to further transfer the licence to any extent unless it only applies to the transfer of the rights vested with such User under such sub-licence and the further disposal of its related materials (including the Key).
4. The Users as referred to in sections 1-3 above may not reproduce the individual licence Key in which it is provided the Program, except for the recorded CD / DVD, the flash drive or the recorder, in favour of any unauthorised persons. In case of any doubt it is understood that the sublicensed User is not authorised to further record or multiply the Program or its related materials digitally on any data medium unless this activity is carried out as part of the allowed export of the examination image in a form of the graphic file by the Program.
DECLARATIONS, RESERVATIONS, FUNCTIONS AND OBJECTIVE OF PROGRAM
Clause 7
1. The Licensor hereby declares that - with the exclusion of free libraries used and integrated with the Program as part of the open source licence - it enjoys personal and proprietary copyrights in the Program. Any relevant copyrights in the Program shall be vested with the Licensor on an exclusivity basis and shall not be part of any burdens or rights of any third parties. By approving this Agreement the User declares that it has read through the functionality or limitations of the Program and does not raise any objections thereto.
2. The Program (including the Program with the key) is not certified as medical product, hence it shall only be 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 doctor by profession; or
c) be used to interpret and report imaging studies,
with a proviso of the regulations below.
3. The Program or the use of the Program may be subject to normative restrictions or the obligation to obtain relevant permissions or to 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 states that prior to acquiring or using the Program, it shall obtain such permissions or its activity shall not violate any provisions of acts or customs of the country of its jurisdiction, and this also covers any possible restrictions in respect of the permitted use or the protection of personal and proprietary copyrights.
4. The Program is designed for viewing images of the DICOM study / studies in the reference quality, the content of which does not infringe any third parties’ rights or which may be viewed by the User who is properly authorised in the country of its jurisdiction. The Licensor does 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 Program is operated (monitor, graphic card), as well as lighting conditions in the workplace and other conditions being beyond the Licensor’s control.
5. The User may rent, lease, transfer or dispose of any rights to the Program or to its related materials vested with it under a specific Licence and may be properly disposed to other entities only under the terms and conditions stated in the Agreement. Any similar restrictions shall refer to sub-licence rights.
6. The User may not without the Licensor’s consent:
a) decompile, disassemble, modify or otherwise interfere in the Program or the Key;
b) create the derivative Software or the derivative Key;
c) remove or cover trademarks placed on the Software and its copies.
7.
In
case of any doubts, the User shall be deemed not to have any rights to trademarks
and service marks.
RESTRICTIONS AND DISCLAIMER
Clause 8
1. The Licensor shall not assume any risk and liabilities for any damage that results or may result from using the Program and its related materials by the User in violation of its permitted use or Clause 7 (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 assumed by the User and shall also cover the liability to any third parties. The User shall hold the Licensor harmless against any possible claims to the aforesaid extent.
2. The Licensor shall not assume any liability for any damage that results from the use or failure to use the Program and its related materials that is beyond its control or exceeds the scope of its obligations towards the User. The User shall hold the Licensor harmless against any possible claims to the aforesaid extent.
3. Any restrictions and
exclusions provided for a given kind of the Licence used by the Party hereto
shall apply, respectively.
LIMITED WARRANTY
Clause 9
1. The Licensor does not guarantee that the Program fully meets the User’s requirements or is free from any non-functional errors and operate without any obstacles in each hardware configuration, however the Licensor shall make its endeavour to do so.
2. If a regular error in the Program operation or any irregularities of its operation are detected, the Licensor shall make its endeavour to remedy those defects or provide a relevant update of the Program. Any notices on errors / irregularities shall be subject to the relevant provisions of the Regulations.
UPDATES
Clause 10
1. The Licensor has the right but is not obliged to provide the non-trial Users with updates of the Program. The update shall mean a modification to the Program that is implemented to improve or extend the Program and to keep its previous functionality. Upon its implementation it shall become part of the Program and be subject to the 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 AGREEMENT AND DAMAGES
Clause 11
1. The infringement of the Agreement or the use of the Program in violation of the Agreement by the User shall be deemed to be the termination of the Agreement. In this case, the User shall pay the Licensor a contractual penalty of EUR 100.00 (one hundred euro), not lower than any expenses incurred by the Licensor and 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 held liable for any and all damage that results or may result from the infringement of the Agreement by the User. To the foregoing extent, the User shall hold the Licensor harmless against any possible claims against it provided that the Licensor is not held liable for such damage.
3. The Licensor shall not be held liable for any damage caused by it, directly or unintentionally to the non-trial User under the Agreement or as a result of the use of the Program together with its related materials / images exceeding the amount paid for the Licence Purchase (including any damage caused by interruptions to the Services, loss of data, loss of profit) 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 liability shall also cover the damage caused intentionally.
4. The Licensor shall not be held liable for any damage caused by it, directly or intentionally, to the User using the Licence for trial purposes (including the damage caused by interruptions to the Services, loss of data, loss of profit), 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 liability shall also cover the damage caused intentionally.
TRANSITIONAL AND FINAL PROVISIONS
Clause 12
1. The Agreement shall be made between the Parties at the moment as referred to in Clause 1.
2. The infringement of the Agreement or the use of the Program in violation of the Agreement by the User shall be deemed to be the termination of the Agreement with immediate effect. The User shall uninstall or otherwise dispose of the Program, including its related materials, as soon as it has been notified of such termination.
3. The termination of the Agreement shall not affect these provisions of the Agreement which - due to their nature - survive the termination of the Agreement.
4. In case of any doubts it is understood that in case of purchasing the update of the previously Purchased Licence, the extension period of the update of the Program support to the latest version shall be from the date of the previously Purchased Licence.
5. In case of purchasing from the Service provider the update of the licence and this licence has been exclusively defined and agreed in the previously binding document of the licence agreement and the limited warranty and the Regulations for Providing Services by Electronic Means, it is understood that the publication licence set forth therein is transformed under this Agreement and the update made into the innominate Licence as referred to in Clause 3, whereas the standard installation licence or the multi-user licence set forth therein is transformed under this Agreement and the update made into the innominate Licence as referred to in Clause 2.
6. Any amendments hereto shall be made in writing on pain of nullity.
7. If any part of the Agreement is considered invalid, ineffective or otherwise legally defective, the remaining part of the Agreement shall remain in effective. If any provisions of the Agreement are deemed to be void, ineffective or unenforceable, the Licensor has the right to replace such provisions, if possible, with valid, effective and enforceable alternative provisions, the wording of which shall correspond to the initial intent of the Parties, however the other Party shall have the right to raise the objection in writing. In case of any doubts about the construction of the provisions of the Agreement, it is agreed that the construction that is coherent with the Parties’ intentions and is not illogical and against the nature of other provisions hereof shall apply.
8. In case of any non-removable discrepancies between this Agreement and the provisions of individual licence agreements made by the Licensor, the provisions of those agreements shall prevail.
9. The Agreement shall be governed by Polish law and any claims arising from this Agreement shall be resolved by a competent court with jurisdiction over Śródmieście District in Warsaw, Poland.
10. In case of any discrepancies between language versions of the Agreement, the Polish version shall prevail.
REGULATIONS
FOR PROVIDING SERVICES BY ELECTRONIC MEANS
(hereinafter referred to as the “Regulations”)
DEFINITIONS
1. In this document the following terms shall have the following meanings:
a) “Service Provider” - means the entity as referred to in Clause 1(1) below;
b) “Customer” - means a natural person, a legal person or an organisational entity without legal capacity that uses the service as referred to in the Regulations;
c) “Service” or “Services” - means a service or services as referred to in Clause 2 hereof;
d) “Party” or “Parties” - means, as the context requires, the Customer or the Service Provider or both entities jointly;
e) “E-Store” - means the IT system available through the website available on the Internet at the following address www.radiantviewer.com/store/ that enables, in a way as set forth in the Regulations, the purchasing of the licence for the Program downloaded on a trial basis but its integral element is the aforesaid document and other functional regulations concerning the e-store or orders (if made available in relevant tabs of the aforesaid portal or its sub-sites).
2. Whenever the Regulations include any legal or contractual definitions which are not defined herein, their content shall be defined by the following: the licence agreement available through the website available on the Internet at the following address www.radiantviewer.com/terms/ (hereinafter referred to as the “Agreement”) or the provisions of respective acts, in particular the Act of 18 July 2002 on Rendering Electronic Services, the Act of 30 May 2014 on Consumer’s Rights, and the Act of 23 April 1964 - Civil Code.
3. Whenever this document applies to any defined terms in the plural or in any grammatical case, those terms shall have the same meanings as the terms in the singular or in the aforesaid grammatical cases.
Clause 1
1. The Service Provider shall be Medixant Maciej Frankiewicz with its registered office in Poznań, Promienista 25 (post code: 60-288 Poznań), Tax No: 6652527251, REGON No: 301679591, e-mail: store@medixant.com
2. The Regulations shall specify kinds, scope, and terms and conditions of providing electronic services, including any technical requirements necessary for the cooperation with the ICT system used by the Service Provider and the prohibition against the provision of any illegal content by the Customer whereas the Regulations shall be made available prior to conclusion of the Agreement through the website available on the Internet at the following address www.radiantviewer.com/terms/.
3. At the Customer’s request the Service Provider shall submit the Regulations in a form that enables the Regulations to be downloaded, recorded and printed out.
4. The technical requirements for using the aforesaid Services shall be as follows:
a) connection to the Internet;
b) a web browser that displays on a computer screen HTML-based documents connected in the Internet by the www service that operates the Hyper Text Transport Protocol Secure (HTTPS).
5. The Service Provider advises that in case of the Services as referred to in Clause 2(a) hereof upon finalising the order by the Customer in a way as referred to in Clause 3(3.2) hereof, the electronic Agreement is concluded remotely. The Service Provider advises that in case of the Services as referred to in Clause 2(b) hereof the electronic Agreement is concluded remotely upon selecting and approving the “Update Purchase” tab in the panel as referred to in Clause 3(3.3) hereof.
6. The Service Provider advises that methods of adjusting any possible errors in the implemented data are referred to in Clause 3(6) hereof.
7. The Service Provider advises that due to the language version of the E-Store, the Agreements may be concluded in Polish or English. The concluded Agreement shall be recorded, secured in the IT system and, at the request, made available to the purchaser by e-mail provided when finalising the order.
8. The Service Provider advises that all the prices provided in the seller’s polish-language version of the E-Store are gross prices.
9. The Service Provider advises that in case of downloading, installing or using the Program for trial purposes (free of charge), the Customer/User shall lose his/her right to withdrawal from the Agreement made hereunder (at the explicit consent of the consumer non-material digital content is begun to be provided before the expiry of the time limit for rescission).
10. Any information on the functionality of the digital content as referred to in Clause 2 hereof and on technical protection measures and any significant interoperability of the digital content with hardware and software shall be available through the website on the Internet at the following address www.radiantviewer.com/privacy/.
11. The information made available by the Service Provider concerning the technical measures that prevent any unauthorised persons from acquiring and modifying any personal data shall be included in the declaration on personal data protection available via the Internet on www.radiantviewer.com/privacy/.
12. The Service Provider states that due to the public nature of the Internet the use of the Services may be subject to risks that may be minimised appropriately by meeting instructions available on the website: www.radiantviewer.com/privacy/.
13. The Customer Provider states that a list of the Services provided electronically and anonymously or under a nickname and terms and conditions on which the Service Provider allows use by the Customer the Services or pay for it are available on the website: www.radiantviewer.com/privacy/.
14. Unless otherwise specified herein, the Customer who needs to contact the Service Provider shall use the form available through the website available on the Internet at the following address www.radiantviewer.com/contact/ or use the electronic address as referred to in Clause 1(1) above.
15. Each Customer shall comply with the provisions hereof upon taking actions aimed at using the Service. The User may, however, get familiar with the Regulations without being bound by them unless the aforesaid condition will have no place.
16. The Service Provider shall provide the Customer with the permanent access to the up-to-date information as referred to in sections 11-14 above by means of the ICT system.
SERVICES PROVIDED ELECTRONICALLY
Clause 2
The Service Provider shall provide the following Services:
a) granting the paid Licence (Licence Purchase) for the Program previously provided and used on a trial basis by the User/Customer;
b) updating the Purchased Licence for payment for the subsequent period (licence update purchase) according to the terms and conditions as referred to in Clause 3(3) hereof.
RULES FOR USING SERVICES
Clause 3
1. ORDERS
The Service Provider makes the Program available in versions offered on the sub-site of the E-Store. Prior to purchasing the Program, the Customer selects the Program version and provides a number of the Licences ordered, possibly the period for which the subscription is ordered, including - if provided for - the possibility of automatic renewal of the term license and payment for the renewed period. Following providing the above mentioned data, the order details and a total price shall be shown. On this sub-site the Customer may remove a specific product from the cart, approve the order (the selection is approved by clicking the “Buy” button) or not continue the order (leave the E-Store).
2. ORDER FULFILMENT
To finalise the order approved in the aforesaid way, the Customer shall provide the relevant from shown on the sub-site data required for an invoice and final Customer’s data provided that the Customer makes the Agreement for behalf of another entity (in this case, it is necessary to change the default option “Same as above” to “Enter different end-user data”), the Customer shall also read through the Agreement and the Regulations and fill in the “I have read and accept the Terms of Use and the Licence Agreement” box and then click the “Proceed to checkout” button. If the summary of the order shown following the aforesaid steps complies with the Customer’s will, the Customer shall click the “Process my order” button. Following clicking the “Send the order” button the bank account number and the order summary shall be sent to the indicated e-mail, if the order is placed in the Polish language version of the e-store. If the order is placed in the English language version of the e-store, the Customer will be redirected to the secure payments service, Avangate, where the payment can be made using credit card/PayPal/bank transfer.
3. LICENCE UPDATE AND REGISTRATION
The Licence update as referred to in Clause 2(b) hereof may be purchased following logging in to the “My Licenses” service available at www.radiantviewer.com/store/mylicenses/, and then clicking the “Purchase maintenance renewal” link. Following this step, the further process of the order shall be carried out according to the aforesaid terms and conditions.
4. PAYMENT METHOD
The payment to the Service Provider shall be made in the following way:
a) in case of citizens of the Republic of Poland - the payment shall be made into the bank account set forth in the e-mail sent by the Service Provider following the completion of the order (if the payment is not made within the aforesaid period, the Service Provider shall request the Customer to make the advance payment within additional 48 (forty-eight) hours on pain of withdrawal from the Agreement and if the payment is not made, the Service Provider may cease to fulfil the order or withdraw from the Agreement).
b) in case of completing the order by persons not being citizens of the Republic of Poland - via an e-commerce operator of electronic transactions, i.e. a special, secured and encrypted on-line Internet applet made available by the aforesaid operator (if the payment is not made within the aforesaid period, the Service Provider shall request the Customer to make an advance payment within additional 48 (forty-eight) hours on pain of withdrawal from the Agreement and if the payment is not made, the Service Provider may cease to fulfil the order or withdraw from the Agreement).
In each case, if the payment is made by citizens of the Republic of Poland, it is NECESSARY to provide the order ID in the subject of the bank transfer.
5. DELIVERY RULES, ORDER FULFILMENT AND PURCHASE DOCUMENT
On acknowledgment of the payment the Licence Key and installation instructions shall be sent to the provided e-mail address within 48 (forty-eight) hours. The same period and mode shall also apply to a VAT invoice - in case of the customers who are not citizens of the Republic of Poland - an invoice / receipt issued by the e-commerce operator of electronic transactions.
6. ORDER CANCELATION OR DATA MODIFICATIONS
In case of sending an erroneous order or providing incorrect data, the purchaser may cancel or modify it without undue delay, unless otherwise specified in the applicable laws. For this purpose, the Customer shall e-mail their data and notice on the erroneous order to the following e-mail address: store@medixant.com.
ILLEGAL CONTENT AND DATA ANONYMISATION
Clause 4
1. The Customer may use and pay for the Service anonymously or under a nickname, if technically possible or commonly accepted if it is provided in this document.
2. The Customer shall be forbidden to provide illegal content. 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.
3. If the Service Provider learns that the Customer uses the Service in violation with the Regulations, other Regulations of the Service Provider or the applicable laws (unauthorised use), the Service Provider shall notify the Customer of their unauthorised activities and request the Customer to immediately cease such activities otherwise the Service Provider ceases to process their data and prevents the Customer from using the Services. In case of any further violations, the Service Provider may further process the Customer’s data only to the extent necessary to determine the liability and provided that the fact of acquiring those data and their content are recorded for the purpose of evidence.
DATA PROCESSING
Clause 5
1. The Service Provider shall process the following Customer’s personal data necessary to establish, develop, change or terminate the legal relationship, including any data indicated in the document `Personal Data Processing Policy` available via the Internet at the address www.radiantviewer.com/privacy/.
2. The Service Provider reserves the right to refuse to provide the Services, if the Customer fails to provide the data as first name and last name, e-mail, correspondence address due to the processing of those data is required due to the operation of the ICT system that assures the provision of the Service or the characteristics of the Service.
3. On completion of using the Service by the Customer, the Service Provider shall not process any personal data as referred to in Clause 5 (1) and (2) hereof, except for:
a) data necessary to settle the Service or seek any claims for payments for the use of the Service or any other claims connected with the provision of the Services;
b) data necessary to explain the circumstances of illegal use of the Service
c) data that may be processed under separate provisions of the Agreement.
4. The Service Provider shall process the data following the completion of the Service as referred to in section 3 above according to the following Regulations:
a) the settlement of the Service provided electronically submitted to the Customer may not disclose a 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 Service Provider may not combine the Customer’s personal data with his/her set nickname.
5. If the Service Provider is provided with the information on using the Service by the Customer 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 acquisition of such data and its content are recorded for evidential purposes.
RESTRICTIONS, EXCLUSIONS AND DISCLAIMER
Clause 6
1. The Service Provider shall not assume any liability against the Customer for any damage caused as a result of making the aforesaid illegal data inaccessible, if it forthwith makes such data inaccessible, but if the Service Provider is reliably notified of the illegality of such information, the Customer shall be additionally notified of the Service Provider’s intention to make these data inaccessible. Moreover, the Service Provider shall not be held 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 includes the data transmission provided by the Customer in the telecommunication network or access to the telecommunication network, the Service Provider shall not be held liable for the provided data, provided that:
a) it fails to initiate the data transfer;
b) it fails to select a data recipient;
c) it fails to choose or modify any information included in the notice.
3. The exclusion of the liability as referred to in section 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 Service Provider shall not assume any liability, if the Service Provider:
a) does not modify any data;
b) applies recognised information technology 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 recognised information technology techniques usually used in this kind of activity in respect of the collection of the information on using the data collected.
5. The Service Provider shall not also be held liable for any data stored when - complying with the conditions as referred to in section 4 above - it forthwith removes any data or makes the stored data inaccessible as soon as it is notified that the data have been removed from the initial transmission source or access to such data is impossible or a court or other relevant authorities ordered that such data be removed or made inaccessible.
6. The Service Provider shall not assume any liability for any consequences of the improper use or protection of a payment card used to perform the Agreement made remotely and to pay for the Service on which operations the Service Provider does not have any influence and are handled by an exterior entity on the basis of the panel provided by such entity, unless otherwise specified by the laws of the Customer’s country and if applicable.
CONCLUSION AND TERMINATION OF AGREEMENT ON PROVISION OF SERVICES
Clause 7
1. The Agreement shall be made at the moment as referred to in Clause 1(5) hereof.
2. Due to the nature and form of the Services, the Customer shall not have the right to withdraw from the Agreement (to rescind the Agreement) made remotely, what concerns also to purchasers who are consumers (Art. 38 (9) and (13) of the Act of 20 May 2014 on Consumer’s Rights).
3. The termination of the Agreement following the expiry of the Purchased Licence for the Program and the failure to use the Services as referred to in Clause 2 hereof and in Clause 10(1) and Clause 11(2) of the Agreement following this period shall not apply to those provisions of the Regulations which - due to their nature - survive the termination of the Agreement.
COMPLAINTS
Clause 8
1. The Customers have the right to make written complaints about the Services. Any complaints shall be provided to the Service Provider by registered mail to the following address: Medixant Maciej Frankiewicz, Promienista 25, 60-288 Poznań, Poland. The Service Provider shall only consider those complaints that include the following data:
a) the identification of the Customer (including their full name, address for correspondence, e-mail) or of a legal person (full business name, address for correspondence, e-mail, name of the person authorised to handle complaint-related matters);
b) a problem description under which the complaint is made.
2. Any complaints shall be processed by the Service Provider within 14 (fourteen) days of their receipt and in case of very complex matters – within a time limit as determined in an e-mail sent to the e-mail address specified in the notice. The Service Provider shall forthwith notify the complaining party of a result by e-mail sent to the e-mail address specified in the notice.
OTHER OBLIGATIONS
Clause 9
1. Prior to concluding the proposed Agreement, the Service Provider shall provide the Customer proprietary information recorded on a lasting data medium under Art. 12 of the Act of 30 May 2014 on Consumer’s Rights, i.e. the Regulations together with its links and the Agreement. Considering the consent to submission of digital data set forth in the Regulations is given together with downloading the trial version of the Program, in circumstances that cause the loss of the right to withdraw from the Agreement, the submission of the Regulations shall simultaneously meet the obligation as set forth in Art. 15(2) of the aforesaid Act.
2. The Service Provider shall deliver the Customer, on a lasting data medium, within a reasonable time but not later than the delivery of the item or prior to the provision of the Service, information about the Customer’s consent to the provision of digital content in circumstances that cause the loss of the right to withdraw from the Agreement.
3. The Service provider ensures that at the moment of placing the order the Customer explicitly confirms to be aware of the fact that the order entails the obligation to pay. The buttons designed for placing the order are clearly marked: “Order with payment obligation” or bear another equivalent expression.
4. The E-Store includes, not later than at the beginning of placing the order, any clear and readily information on delivery limitations and acceptable payment methods.
FINAL PROVISIONS
Clause 10
1. These Regulations shall become effective on May 21th, 2018.
2. The Service Provider shall have the right to amend the Regulations unilaterally. Any amendments shall enter into force upon placing the amended Regulations through the website available on the Internet at the address as referred to in Clause 1 (2) hereof. The aforesaid amendments shall not apply to those Customers who have acquired rights or claims on the basis of the previous Regulations. In this case, those persons shall be subject to the previous regulations and the termination of the Regulations on that basis shall be impermissible.
3. The Regulations shall be governed by Polish law and any claims arising from these Regulations shall be resolved by a competent court with jurisdiction over Śródmieście District in Warsaw, Poland.
4. In case of any discrepancies between the Regulations and the provisions of the Agreement made by the Service Provider or other individual agreements, the provisions of such agreements shall prevail.
5. If any part of the Regulations is considered invalid, ineffective or otherwise legally defective, the remaining part of the Regulations shall remain in effective. If any provisions of the Regulations are deemed to be void, ineffective or unenforceable, the Service Provider shall have the right to replace such provisions, if possible, with valid, effective and enforceable alternative provisions, the wording of which shall correspond to the initial intent of the Parties, however the other Party shall have the right to raise the objection in writing.
6. In case of any discrepancies between language versions of the Regulations, the Polish version shall prevail.