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These general conditions of use (hereinafter referred to as the “Conditions”) shall govern the contractual relationship concerning access to and the use of PACSonWEB , between DC.SYSTEMS B.V.B.A. whose place of business is located at Industriepark-West 75, 9100 Sint-Niklaas, Belgium, with the company number 0833.277.213 (hereinafter referred to as “Dobco Medical Systems”), on the one hand, and the person using PACSonWEB (hereinafter referred to as the “User”), on the other.

The User shall declare having taken note of the subject matter of the Conditions and clearly agreeing to the application thereof by using of PACSonWEB. From time to time and in the event of any change to the Conditions, the User shall once again agree to the latter by means of the same process in order to continue using PACSonWEB.

1. Responsibilities and limited guarantee

1.1. Dobco Medical Systems shall guarantee that it shall make the efforts required to ensure the User can use PACSonWEB on a regular basis for the services and functional features described at www.pacsonweb.com

1.2. The User shall accept the responsibility for the use of PACSonWEB and the results achieved with this. It shall be expressly agreed that no guarantee can be offered as to suitability for a particular use or purpose.

1.3. The User shall be aware that PACSonWEB is a system for the external provision and exchange of medical data in a secure environment and that Dobco Medical Systems shall only be responsible for the smooth technical performance of the system according to the state of the art. This shall imply in particular that Dobco Medical Systems shall accept no responsibility for medical data itself, processed by the care institution or organisation and/or Users via PACSonWEB.

1.4. Dobco Medical Systems cannot guarantee that PACSonWEB is completely free of bugs, faults or technical disturbance or that the use thereof is guaranteed at all times. The availability and provision of PACSonWEB may be completely or partly interrupted at any time for maintenance activities or other reasons.

1.5. Dobco Medical Systems may not be held responsible if the regular service is disrupted owing to technical faults or disturbances on the network outside its control.

1.6. The User alone shall be responsible for the choice, cost and maintenance of the IT infrastructure through which PACSonWEB is used, and shall hereby acknowledge, in particular, that the details and information obtainable for the images available depends on the quality of the User's screen and reproduction system.

2. Security, identification and access to data

2.1. Dobco Medical Systems shall make the efforts required to provide suitable security and identification methods for accessing and using PACSonWEB in a secure environment.

2.2. The User shall be allowed access to PACSonWEB through an account or reference number the User receives from Dobco Medical Systems or the relevant care institution or organisation. The party granting the User access to PACSonWEB shall bear the risks associated with transferring data to the User.

2.3. The account data shall be strictly personal and may not be transferred and the User shall be bound to strict secrecy regarding the data. Once it has been received, the data must be carefully handled by the User. The User alone shall be responsible for the proper or improper use of the data, including any use by third parties.

2.4. Should the User learn about the User's account or reference number being lost or improperly used by third parties, or suspects such a loss or improper use, the User shall be obliged to report this straight away to Dobco Medical Systems via the helpdesk (support@dobcomed.com or on +32 37801740). Dobco Medical Systems shall act as quickly as possible to take all the necessary and reasonable measures, and block the User's account if need be.

2.5. The relevant care institution or organisation and/or the User shall alone be responsible for granting access rights to the medical data to the appropriate Users, according to the methods PACSonWEB provides towards this end.

3. Use of PACSonWEB

3.1. Pursuant to the use of PACSonWEB the User shall undertake to comply with the following provisions:

3.2. In the event of an infringement or suspected infringement of paragraph 3.1, Dobco Medical Systems shall be entitled to take any measures, block or remove data, block the User's access and/or suspend or terminate the licence, without the User being entitled to any compensation .

3.3. Special care should be taken when decisions about patients are made on the basis of demographic data and other patient-related information available in PACSonWEB. Demographic and other data about patients may be incorrect owing to the information being incorrectly provided by the relevant care institution or organisation, thereby resulting in an incorrect presentation and/or mismatching.

4. Dobco Medical Systems' liability

In the event of a default on the part of Dobco Medical Systems, the latter shall remedy the default in kind. Should the in-kind remedy not (no longer) be possible, except in the case of fraud or wilful misconduct, Dobco Medical Systems' liability for any direct damage of the User shall be limited to €1,000, regardless of whether the liability of Dobco Medical Systems arises from contractual provisions, a wrongful act (including negligence or a failure to meet a statutory obligation) or any other cause. Except in the case of fraud or wilful misconduct, Dobco Medical Systems may not be held liable for indirect, unforeseeable or intangible damage, including in particular loss of profits, reputational damage, damage suffered by third parties and/or the interruption of the activities by the User .

5. Intellectual property rights

5.1. The User shall acknowledge and accept that PACSonWEB, including the software, is protected by intellectual property rights (copyright, trademark law, etc.), held by Dobco Medical Systems or its third-party suppliers .

5.2. The User shall be provided with the non-exclusive right to use PACSonWEB for the purposes described in the Conditions and at www.pacsonweb.com. The User shall undertake to observe all the intellectual property rights in respect of PACSonWEB at all times. Consequently, the User shall not be allowed, in particular, unless Dobco Medical Systems provides its express permission towards this end, to copy, adapt, translate, sell (etc.) PACSonWEB partly or entirely.

6. Applicable law and competent court

The Conditions shall be governed by Belgian law. In the event of a dispute about the Conditions solely the courts of Dendermonde, Belgium, shall enjoy jurisdiction.

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