PATHOMATION SOFTWARE LICENSE TERMS
Applicable to: PMA.CORE; PMA.START; PIMSDX; PIMSLS; PMA.VUE; PMA.STUDIO; PMA.UI; PMA.CONTROL; PMA.SLIDEBOX
These license terms are an agreement between you and Pathomation (or one of its subsidiaries). They apply to the software named above and any Pathomation services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Pathomation’s rights relating to software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT ALL OF THESE TERMS.
INSTALLATION AND USE RIGHTS.
a) General. You may run one instance of the software to access and interact with digital pathology content to which you have access rights via your assigned license.
b) Pathomation License. Use of the software requires a Pathomation assigned license. Your access to Pathomation software must comply with the existing terms for the service that apply to you through your or your organization’s subscription. You may lose access to the Pathomation software if your or your organization’s Pathomation License subscription expires or is terminated, or (ii) your license to this software is terminated by your organization.
c) Third Party Software. The software may include third party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the third party applications may be accessible online or in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
d) Pathomation Privacy Terms. The software’s privacy statement applies to your use of the software. You may access the privacy statement using the links provided within the software, and as applicable, on the app store from which you obtained the software. Some features of the software provide access to, or rely on, online services. The use of those services (but not the software) is governed by the privacy policies that apply to you through your or your organization’s subscription to Pathomation.The services may not be available in all regions.
DATA COLLECTION.
The software may collect information about you and your use of the software and send that to Pathomation. Pathomation may use this information to provide services and improve Pathomation’s products and services. Your opt-out rights, if any, are described in the privacy policy. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Pathomation’s data collection and use in the product documentation and the Pathomation Privacy Statement at www.pathomation.com/privacy You agree to comply with all applicable provisions of the Pathomation Privacy Statement.
PROCESSING OF PERSONAL DATA.
To the extent Pathomation is a processor or sub processor of personal data in connection with the software, Pathomation makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective 25 May 2018. Further reading EU data protection rules | European Commission (europa.eu)
SCOPE OF LICENSE.
The software is licensed, not sold. Pathomation reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile, decrypt or disassemble the software; or permit third parties to do the same
c) remove, minimize, block, or modify any notices of Pathomation or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
ACADEMIC LICENSE
For academic licences the following additional conditions apply. Academic licenses are made available to a university or professional teaching institution recognised or accredited by the local authority for education only for study, instruction or non-commercial research and not for commercial, professional or for profit purposes. Pathomation reserves the right to grant the institution an academic license. The institution licenses the software for use by its personnel or by students, who acquire no rights thereafter.
PRICING
All prices are subject to yearly review and will be increased according to the Belgian Consumer Price Index evolution, published by the FOD Economy
EXPORT RESTRICTIONS.
You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.
SUPPORT SERVICES.
Pathomation is not obligated under this agreement to provide any development services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
UPDATES.
You may obtain updates only from Pathomation or authorized sources. Pathomation may need to update your system to provide you with updates. Updates are included in your licence. Updates may not include or support all existing software features, services, or peripheral devices.
UPGRADES.
Upgrades represent fundamental changes in software versions with added features and require a new licence subscription.
BINDING ARBITRATION.
If you and Pathomation have a dispute, you and Pathomation agree to try for 60 days to resolve it informally. If you and Pathomation can’t, you and Pathomation agree to binding individual arbitration under the Belgian Arbitration Act.
TERMINATION.
Without prejudice to any other rights, Pathomation may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts.
ENTIRE AGREEMENT.
This agreement, and any other terms Pathomation may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES.
The laws of Belgium govern the interpretation of this agreement. You and Pathomation consent to exclusive jurisdiction and venue in the Court of Antwerp, Belgium for all disputes heard in court (excluding arbitration).
DISCLAIMER OF WARRANTY.
THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. PATHOMATION GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, PATHOMATION EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES.
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM PATHOMATION AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Pathomation knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.