OSIRIX MD END USER LICENSE AGREEMENT for OsiriX MD version 14

PLEASE READ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (“AGREEMENT”), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND PIXMEO SARL OR ITS SUPPLIERS. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, OR BY CHOOSING THE “I ACCEPT” OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF THIS AGREEMENT, ANY APPLICABLE WARRANTY STATEMENT AND THE TERMS AND CONDITIONS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

This document is a legal Agreement between you, the licensee, and Pixmeo SARL. Please read this Agreement carefully before installing the program. By installing the program, you accept the terms of this Agreement. If you do not agree to the terms of this Agreement, quit this installation procedure and promptly delete the files.

1. COPYRIGHT
The OsiriX MD program (the "Software") is owned by Pixmeo SARL and is protected by international copyright laws.

2. LICENSE
You need a valid license to run this software.
Pixmeo SARL grants you rights to use the Software on a single user computer, or on a single terminal or workstation of a multi-user computer as determined by your purchase.

3. COPY RESTRICTIONS
A. This Software is copyrighted and is proprietary product of Pixmeo SARL. You may make one copy of the Software for backup or archival purposes. All other copying of the Software is expressly forbidden.
B. You may not decompile, reverse engineer, copy, transfer, or other-wise use the Software except as expressly stated in this Agreement.
C. You can install a single license on a single computer. You cannot use it on several computers.

4. TERMINATION
This license is effective until terminated. You may terminate this license at any time by destroying all copies of the Software. This license will terminate automatically, without notice from Pixmeo SARL, if you fail to comply with this Agreement. Upon such termination, you shall destroy all copies of the Software.

5. LIMITED WARRANTY
The Software is supplied "AS IS". Pixmeo SARL disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the Software.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
Pixmeo SARL assumes no liability for damages, direct or consequential, which may result from the use of the Software, even if Pixmeo SARL has been advised of the possibility of such damages. Any liability of the seller will be limited to refund the purchase price.

7. MEDICAL DEVICE
The Software is a Medical Device, and may only be operated by an authorized medical doctor, or by a professional trained, under the control and responsibility of a medical doctor.

8. INTENDED USER
OsiriX MD software intended audience is medical professionals, such as radiologists, surgeons, cardiologists and technicians in radiology. It can also be used by IT personnel supporting the medical imaging computers or network.
The level of instruction of the personnel is:
- Can read & understand the language in which OsiriX is running
- Can read & understand the english language
- Have basic knowledge about medical imaging (modalities, anatomy, techniques)
- Have basic knowledge about computer science (keyboard, mouse, files, network)
The patients are not intended users of OsiriX MD.

9. TERRITORY
The Software is cleared as a medical device by the FDA for the United States.
The Software is CE labeled as a medical device in the European Union.
The Software complies with the "Act on Securing Quality, Effectiveness, and Safety of Pharmaceuticals and Medical Devices" (PMDA), in Japan.
The Software is certified for medical imaging in Brazil (ANVISA).

10. PROCESSING OF PERSONAL DATA
The software can store and display DICOM files, containing personal data such as medical images or informations about patients.
The user is responsible to take adequate measures to configure his software / hardware environment to secure his data.
More informations to secure his environment can be found in the Instructions for Use.
These data are never transferred to Pixmeo SARL server unless the user has subscribed to specific services (such as OsiriX Cloud subscription, see OsiriX Cloud terms for more informations).
There are no hidden or automatic transfer of personal data.
The MAC address and serial number of the computer, and the license informations, are transferred to Pixmeo SARL servers during the license validation and checking process.

11. ANONYMOUS USAGE DATA COLLECTION
Our software uses Google Analytics to collect data on usage and behaviour. This data is used to improve the user experience and for analytics purposes. The data collected may include information such as the actions taken within the software. Personal data, files, images or informations about the images are never collected. The collected data is anonymous. By using our software, you consent to the collection and use of this data. You can opt out of data collection by disabling it in the main preferences.

12. CAUTION
The U.S. Federal Law restricts this device to sale by or on the order of a physician.

13. RESALE NOT AUTHORIZED
You do not have, acquire or obtain any rights to sell or resell this software.

14. SUPPORT
Each customer is granted for a free of charge OsiriX MD support. We offer a worldwide email support. There is a single email address for all messages: pixmeo@pixmeo.com. For each support request, a first reply is issued in less than two opening days. If the support request describes a bug problem, a bug report procedure is opened. The support team will do his best to find a solution or a workaround to the support request. If no solution can be found, a reimbursement is offered for the non-working products.

15. HARDWARE AND SOFTWARE REQUIREMENTS
OsiriX MD can only be installed on an Apple Mac running Mac OS X.
The requirements are:
Apple Mac computer
OS X 10.15 to macOS 14
6GB or higher of RAM
1280 x 1024 pixels or higher monitor certified for medical imaging
An active Internet connection for license validation process
Images files stored in DICOM format

16. LIFESPAN
OsiriX MD versions lifespan is limited by the lifespan of the hardware and MacOS operating system versions.
The hardware information is available on Apple web site: http://support.apple.com/kb/HT1752
OsiriX MD versions support stops when running on a MacOS operating system released more than 5 years ago.
OsiriX MD versions support stops when running on a product declared vintage or obsolete, or on an unsupported hardware or operating system (see requirements).

17. OSIRIX MD SUBSCRIPTION
If OsiriX MD license is bought and installed as a monthly or yearly subscription, OsiriX MD requires a valid Internet connection to check the subscription validity.
The installation and use of an OsiriX MD Subscription license requires a valid subscription.
If the subscription is invalid, cancelled or stopped, the use of OsiriX MD will be limited.
A valid subscription can be used on a single computer at a time.

18. LEGAL NOTICES
Geneva in Switzerland shall be the sole place of jurisdiction for all disputes arising in connection to the Software.

"MRI" icon by Sergey Demushkin from the Noun Project is licensed under CC BY 3.0
"User Search" icon by Simple Icons from the Noun Project is licensed under CC BY 3.0
"Eye" icon by Edward Boatman from the Noun Project is licensed under CC BY 3.0
"Chevron right" icon by Nikhil Sahukar from the Noun Project is licensed under CC BY 3.0

PIXMEO SARL
266 Rue de Bernex
CH-1233 Switzerland
pixmeo@pixmeo.com