DATABLUE EASYMED CALLER ID SOFTWARE LICENSE
The Easymed Caller ID application is an accompanying software of the Easymed online prescription application. To run Easymed, the Terms of Use given as part of the installation apply.
This License is a legal agreement between the company "DATABLUE", L. El. Venizelou 242 & Solonos 135, Kallithea, 176 75, Athens (hereinafter the "Company") and the user (hereinafter: "End User"), who acquired the "Easymed Caller ID" software of DataBlue and concerns it, including any relevant multimedia , storage media, printed material and electronic documentation (hereinafter referred to as "Software").
This accompanies the Company Software. The term "Software" includes the program used by the End User as well as any upgrade, modification, or update of the Software itself, the license granted by the Company to the User, as well as the relevant material, but not any replacement of the Software , in case it becomes obsolete, during the evolution of technology.
By downloading, installing, using or accessing the Easymed Caller ID software, the End User unreservedly accepts all the terms and conditions governing Easymed as well as the following terms and conditions of this License:
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The Company has the exclusive legal rights of ownership, prefecture, intellectual and industrial property and exploitation in the Software, and in every project and material related to it, such as indications, instruction forms, user manuals, images, drawings, etc. The Company expressly reserves, exclusively for itself, all its primary and derivative intellectual and industrial property rights in the code, in the methods and technical innovations incorporated in the Software, in its flow plans and diagrams, in the trademark and name. In no case does the granting of this license mean the assignment of any of the above rights to the End User.
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The Company does not sell the Software to the End User, but provides free of charge the non-exclusive and non-transferable license of indefinite duration, always in accordance with the terms and agreements hereof. The Company reserves exclusively for itself any right that it does not expressly grant to the End User at this time. This license does not cover any other licenses necessary for the End User systems and / or for the operation of the Software on the User systems (eg Windows, Easymed Software license) and / or the efficient and unimpeded use and interaction with the Company's systems and are related to third party software that is installed or is to be installed on the End User systems, for which licenses are the sole responsibility of the End User.
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The End User agrees not to modify, adapt, translate, reverse engineer, disassemble, disassemble or otherwise attempt to discover the source code of the Software.
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It is prohibited to distribute copies of the Software to third parties, to grant the use of the Software or copies of the Software to third parties, in exchange for or without consideration and to transfer the Software to other computers or similar devices, over a network or in any other way.
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It is prohibited to lease, lease, lease, modify, lend, modify, compile, distribute and market the Software or in any way create any derivative software or derivative works of the Software or parts thereof. Also, it is not allowed to separate the components of the Software for individual use on more than one computer or similar device.
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The Company may provide the End User with the Software support services, which include the provision of technical assistance and information regarding the use and operation of the Software, as well as the Company's ability to intervene in the Software, modify and adapt it. , for the best service of the needs of the End User. Any change, change and addition of the Software can only be done by the Company. The above Software that will result after the changes / additions of the Company will be considered as the Software under this license and will be subject to its terms and conditions. The End User agrees and accepts that the Company may use the technical information received during the support process for the purpose of developing and improving the Software, without creating any rights for the End User.
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The Company may issue Software Upgrades, which may either update, upgrade and improve the Software, or replace it. The Company is entitled to determine at its sole discretion whether the Software upgrades fall under this license or require the acquisition of a new or additional license. Unless a new license is required, the upgrades are subject to the terms of this license and will form a single entity with the Software.
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The Company does not guarantee the suitability of the Software and bears absolutely no responsibility for its installation and use. The Software and any related documents are provided "as is" without warranty of any kind, express or implied, as expressed in the warranty of merchantability, fitness for a particular purpose, or incompatibility. The End User assumes sole responsibility and risk for the suitability and performance of the Software. In no case can it be considered that hereby an express, implied or implied guarantee is provided for anything not expressly stated therein.
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The Company in no case bears primary or ancillary liability for compensation of any positive and / or detrimental loss, and / or difference, and / or lost profits, which will be due to an existing or future software defect or damage or which may arise from the use or inability to use the Software, even if the Company has been informed of the possibility of such damages. Indicatively, without limitation, the Company will not be responsible for the smooth operation of the mobile device (telephone), in combination with any other software programs or computer network for the effectiveness of the product in combination with any other software product or third-party peripheral device, as well as and for the loss of data, files or software programs. Also, the Company will not be liable for the provision or inability to provide support or for the fulfillment of its obligation under this license, nor for breach of its contractual or non-contractual obligation. The Company will not be liable under the contractual agreement towards the End User, nor will it be liable for gross negligence even for gross negligence.
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The Software is an additional auxiliary tool, which provides the End User with concise data that already belong to the user, so that he has a direct image of the patient on his mobile phone. It is not part of the provision of medical services and does not replace direct communication between a patient and a doctor. The End User is responsible for the validity of the data received during the export by Easymed and the Company does not bear any responsibility in case the data is incomplete or contains errors due to.
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The End User acknowledges and declares that, as it should, will protect the confidentiality of the Software, will not disclose or distribute, transfer or assign in any form the same or part of it to third parties, and will refrain from any action of appropriation, copying , counterfeiting or own commercial exploitation of the Software under this agreement. The End User is also obliged to take all necessary security measures to protect the Company's Intellectual Property Rights, as defined in this contract, from any infringement by employees, executives or third parties who access the Software. The End User must also immediately inform the Company in any case of finding or suspecting that there is an infringement of the Company's Intellectual Property Rights, and to provide any assistance to the Company to limit and remove this infringement. The End User is obliged to compensate in any case of culpable infringement of the Company's Intellectual Property Rights and in any case of violation of this, even in the event that the infringement of the Company's Copyright is due to actions of third parties who gained access to the Software due to fault. Company User. Intellectual Property Right means, individually or collectively, any intellectual property right of any nature.
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The Company declares that the possible interconnection of the Software with its servers is done only to certify the validity of the activation or renewal key. The Company does not use the Software, nor in any other way to collect, maintain and store any kind of information of the End User, including his personal, commercial, financial data. Instead, it imports data exported for this purpose from the End User's Easymed application and stored on a computer or other device that has the Easymed Software installed for display on the mobile phone on behalf of the End User. This data is exported after the user selects the Easymed Software and is password protected.
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With this license, the Company grants to the End User only the rights that are explicitly described in it and reserves all its rights, which are not explicitly granted. This Agreement is governed by the laws of the Greek territory. The courts of Athens are competent for any dispute that may arise in relation to the interpretation and execution of this. This license constitutes the full and complete understanding and acceptance of all terms and conditions between the Company and the End User regarding the Software. The installation and use of the Software by the End User is an unconditional acceptance of its terms by him.