Please read through these terms before using the Service. By accessing and using the Service, you expressly agree to the following Services Terms.
1. Applicability
The terms and conditions herein (the "Service Terms") are applicable to the PaCentric Web site ("Service"), operated by Fimreite Software AS ("Fimreite")
2. Description of the service
With the Service and a password, you can access a Delivery containing clinical exam data on an internet web site. The site can display clinical data and features the basic tool set of a clinical image review station. No permanent modification of clinical data is possible. A Delivery is available for access for a time period specified by the sender of the Delivery, but may be extended by the receiver.
By using the Service you understand and agree to the following:
- You understand that this Service includes clinical data
- Only a qualified medical professional may use the Service for diagnostic purposes
- A professional user must be aware of the following: Lossy compressed mammographic images must not be reviewed for primary diagnosis or image interpretation. It is the User's responsibility to ensure monitor quality, ambient light conditions, and image compression ratios are consistent with clinical application.
- You understand that the Service is licensed and/or made available "as is". Fimreite makes no, and hereby expressly disclaims all, warranties, and the implied warranties of merchantability and fitness for a particular purpose;
- You also understand that Fimreite may at any time at its sole discretion modify, suspend or discontinue the availability of the Service, with or without notice at any time and without any liability to you.
3. Right to use the site and the contents thereof
No person under the age of 16 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 16 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service.
The Service and the applications of the site are Copyright © Fimreite Software AS.
Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Fimreite is prohibited except in accordance with the following terms.
Fimreite consents to you using the Service on your computer or mobile terminal or other similar devices, as applicable, downloading the outcomes of the Service, printing copies of extracts from these pages for your professional or personal use and forwarding the access link and password information to other individual(s) to whom you wish to make the Service available.
The Service and the content thereof may be used subject to these Service Terms and any applicable laws. The use of press releases and other documents classified as "public" is permitted in public communications, provided that the source for the information is stated in such public communications.
Please note that individual applications, documents and/or Services provided on the Site may be subject to additional terms, such as end-user software agreements indicated in connection with the applications, documents and/or Services.
The Service may be offered in some countries only and is provided in a limited number of languages as selectable from the Site.
4. Possible fees related to the services
Use of some of the Site(s) and/or Services may become subject to a separate charge, which is then announced separately within the Site(s) and in connection with the Services.
You may incur additional fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, MMS and WAP browsing and other services that require the use of airtime and mobile data services. Fimreite assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.
5. Links to third party sites
For your easy accessibility Fimreite may include links to sites on the Internet that are owned or operated by third parties. Upon following a link to such third-party site, you shall review and agree to that site's rules of use before using such site.
You also agree that Fimreite has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-Fimreite site does not imply that Fimreite endorses the site or the products or services referenced in such third party site.
6. Feedback and other submissions by you
There may be possibility within the site for you to actively participate. By submitting any content or feedback ("Material") to any of Fimreite's servers, for example, by e-mail or via the Site, you agree that:
(a) the Material will not contain any item that is unlawful, invasive of another person's right of privacy or right of publicity or otherwise inappropriate due to, without limitation, its libelous, slanderous or defamatory nature and recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials;
(b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any Material; and
(c) you own the Material or have the unlimited right to provide it to Fimreite and you will grant Fimreite worldwide, irrevocable, perpetual, non-exclusive, royalty-free and assignable license to use, reproduce and have reproduced, modify and have modified, publicly perform and publicly display such Material and distribute reproduced and modified copies thereof. Fimreite may incorporate the Material or any concepts described in it in its products without any accountability or liability;
(d) your use of the site will not compromise the security or integrity of Fimreite's computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the site;
(e) you agree not to take any action against Fimreite in relation to the Material that you submit and you agree to indemnify Fimreite if any third party takes action against Fimreite in relation to the Material you submit.
Fimreite does not and cannot review the Material posted by users on its site and is not responsible for such Material. Fimreite may at any time at its exclusive discretion remove any Material submitted by you or other users.
7. Breach of the service terms
In the event Fimreite deems, at its exclusive discretion, that you are in whatsoever manner in breach of the Service Terms, Fimreite shall take any action of whatsoever nature, as it may deem at its exclusive discretion appropriate, to address your breach, including without limitation prevention of access and any legal action in any competent authority or court.
Specifically, Fimreite has the right to terminate your right to use the Service without notice at any time for any reason at Fimreite's sole discretion and in particular, if you breach these Service Terms or use the Service unlawfully or in a way that Fimreite deems inappropriate.
8. Privacy
Use of this Service does not require registration. However, Fimreite may identify you as a user, but only to the level of your IP address (internet address). Fimreite shall not have access to any personal information about you as a user of the Service. Fimreite may use the IP address information to analyze user patterns, geographic distribution of users and overall usage of the Service.
Fimreite protects the privacy of the data provided by the Service by removing information that may connect the data to a personal identity.
If the Service is used to download data for local storage as DICOM files, certain person identifying data may be available. It is your responsibility to protect the privacy of these data.
9. Contact information
Fimreite Software AS, Torggata 26, 3181 Horten, Norway.
10. No warranties
You understand and agree that Fimreite does not warrant that the use and/or applications of the site will be available for uninterrupted or are error-free. FIMREITE reserves the right to revise the service and the contents or withdraw access to the same at any time, no warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of the site or third-party sites, if any.
11. Limitation of liability
Fimreite shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use this service, even if Fimreite has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of Fimreite is in such case limited to the greatest extent permitted by law.
12. Trademarks of Fimreite
PaCentric is a registered trademark of Fimreite Software AS. Fimreite’s product and service names are either trademarks or registered trade names of Fimreite. Other product and company names mentioned at the site may be trademarks or trade names of their respective owners. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of Fimreite or the third party owner thereof.
13. Jurisdiction and dispute resolution
The invalidity of a provision of these Service Terms or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Service Terms or any other applicable terms and notices.
These Service Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.
You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.
Except where prohibited by applicable law, these Service Terms and any other applicable terms and notices shall be governed by the laws of Norway. In case you are a US resident the following paragraph shall apply:
All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Any and all claims, except claims for monies due to Fimreite, arising out of or relating to the purchase of products, content or services by you shall be barred unless an action or legal proceeding is commenced within eighteen (18) months after the date you or Fimreite knew or should have known of the facts giving rise to such claim.
Any dispute relating in any way to your visit to this Site, or your content, product or service order from this Site, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions and/or agreements between you and Fimreite) to final and binding, confidential arbitration to the Dallas, Texas office of the American Arbitration Association (the "AAA"), with such arbitration to be held in Dallas County, Texas, except that, to the extent you have in any manner violated or threatened to violate any Fimreite or Fimreite affiliates' or licensors' intellectual property rights, Fimreite may seek injunctive or other appropriate relief in any state or federal court in the state of Texas or, at Fimreite's option, any other appropriate state or country, and you consent to exclusive jurisdiction and venue of such court. Arbitration under these Service Terms shall be conducted under the then prevailing Arbitration Rules of the AAA (except as such rules may be modified by the terms of these Service Terms), unless otherwise agreed in writing by the parties, and shall be heard by a single arbitrator. The Parties further agree that, in connection with any such arbitration proceeding, each Party shall submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding shall be barred. Subject to any terms contained in these Service Terms limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including without limitation equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator's fees and expenses, as applicable. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a classwide basis, and no arbitration under these Service Terms shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and Fimreite.
14. Modification of the service terms
Fimreite reserves the right to change or modify at any time without prior notice these Service Terms and any terms and notices applicable to individual documents and/or services provided on the site. Fimreite will notify you of such change or modification by posting an updated version of these Service Terms and/or other applicable terms and notices to the site. You are responsible for regularly re-viewing these Service Terms and other applicable terms and notices. Continued use of the Service shall constitute your consent to such changes.