End User License Agreement, EULA

This End User License Agreement is a contract ("Agreement") between users ("you") of the Software and Products (defined below) on one side, and the Manufacturer (including its subsidiaries and affiliates) hereinafter referred to as ("we", "us", or "our") on the other side.

If you enter into this Agreement not as an individual but on behalf of a company, the term "you" means the company that agrees to comply with this Agreement.

Please carefully read the terms of this Agreement before opening or using any of the Manufacturer's products listed at the following link: https://vasyadiagnost.com/en/ (hereinafter referred to as "Products" or "Product").

The Products may contain embedded software ("Software"), the license to install and use which the Manufacturer provides to its customers solely in accordance with this agreement.

IF YOU DO NOT AGREE TO THE TERMS, DO NOT INSTALL THE SOFTWARE AND DO NOT USE THE PRODUCT. YOU HAVE THE RIGHT TO RETURN IT TO THE SELLER AND RECEIVE A FULL REFUND IF THE PRODUCT HAS NOT BEEN USED AND THE SOFTWARE HAS NOT BEEN INSTALLED.

Subject Matter

This Agreement governs the legal rights and obligations of end users of the Products and Software on one side, and the Manufacturer on the other side. This Agreement governs intellectual property rights, privacy policy, warranties, and other matters set forth in this Agreement.

Contractual Relationship

You represent and warrant that you have the ability to enter into this Agreement with respect to the Software and Product, and that you have reached the age of majority in your jurisdiction or place of residence to use or open the Software and Product.

The use of the Services entails additional restrictions, whereby you represent, warrant, and agree not to use the Products and Software, and acknowledge that you will not interact with them in a manner that:

• violates any rights of anyone else (including the Manufacturer);
• violates any law or regulation;
• is harmful, fraudulent, deceptive, threatening, offensive, defamatory, indecent, or otherwise objectionable;
• in any way allows for the obtaining of passwords, account information, or any other security information from any user;
• violates the security of any computer network and/or cracks any passwords and/or encryption security codes;
• decompiles, reverse engineers the Software and Products, or otherwise attempts to obtain the source code of the software.

This Agreement grants you certain legal rights, and you may have additional rights depending on your jurisdiction.

License

In accordance with the terms and restrictions set forth in this Agreement, the Manufacturer grants you a limited, non-exclusive, non-transferable, and non-sub licensable license to install and use the Software solely in the form of object code, embedded only in the Manufacturer's Product that you own or control, and solely for your personal, non-commercial use of the Products. You are not permitted (and you must not permit others) to rent, distribute, transmit, use for commercial purposes, or sublicense the Software or use the Software under a joint use agreement or in any other unauthorized manner. Additionally, the license is not granted to you in the form of human-readable software code (source code). The Software and accompanying documentation may be copied only for backup or archival purposes within the scope of your use of the Software as permitted under this Agreement.

Software Updates

From time to time, the Manufacturer may provide updates, upgrades, patches, bug fixes, and other modifications to improve the Software and related services ("Patches"). You acknowledge that you may be required to install Patches in order to continue accessing and using the Products and Software for the Products. You agree to the automatic installation of Patches, without receiving any additional notice or providing any additional consent.

Prohibition on Assignment and Reverse Engineering

Modification, reverse engineering, reverse compiling, or disassembly of the software is strictly prohibited.

Ownership; Trade Secrets

You acknowledge and agree that all (a) copyrights and other intellectual property rights throughout the world, and (b) ownership rights in the Software and all its subsequent copies, regardless of form or medium, are the exclusive property of the Manufacturer and its suppliers. You acknowledge and agree that the Software contains valuable trade secrets and other proprietary information of the Manufacturer and its suppliers. You agree to keep such trade secrets and proprietary information confidential, and you acknowledge that any actual or potential breach of this obligation will cause immediate, irreparable harm that cannot be adequately compensated by monetary damages, and that injunctive relief is an appropriate remedy in the event of such breach.

Copyright and Trademarks

All materials and content on the Manufacturer's website, mobile applications, and Software are owned and used by the Manufacturer in accordance with applicable licenses and laws. You may not copy, distribute, or otherwise disclose any materials or content (including any logos, images, or data), or use them in any way that is inconsistent with the exclusive rights of the copyright or trademark owner, unless you are the owner of such materials or content or have written permission from the owner of such materials. All rights not expressly granted to you under the license pursuant to this Agreement or other applicable agreements are reserved by the Manufacturer.

Privacy Policy

The Manufacturer strives to protect your privacy with respect to any information collected in accordance with the terms of this Agreement. By purchasing and using the Products and Software, you agree to be bound by this Agreement and also agree to the privacy policy outlined on our website.

In order to provide warranty services, technical support functions, and/or perform equipment repairs, the Manufacturer reserves the right to use an administrator or user account to connect to the client device. In doing so, the Manufacturer assumes all warranties and confidentiality conditions that are logical and applicable in such circumstances.

No Implied Rights

All rights not expressly granted to you by the Manufacturer are not granted in any way - there are no implied rights in this Agreement.

Term and Termination

This Agreement shall become effective upon your first use of the Software or Products and shall continue until terminated. It will be immediately terminated if you fail to comply with any provision of this Agreement. Upon termination of the Agreement, the licenses granted under this Agreement shall immediately cease, and you agree to cease any access or use of the Products, Software, and Documentation. Provisions that by their nature are intended to survive shall survive the termination of this Agreement.

Assignment Disclaimer

You may not assign or transfer your rights under this Agreement. Any statement of assignment or transfer in violation of this provision is void.

Limited Warranty

The limited warranty for the Product is set forth on the Manufacturer's website or in the "Warranty" section of the accompanying documentation. NO WARRANTIES ARE PROVIDED FOR THE SOFTWARE.

Disclaimer of Warranties

REGARDLESS OF ANY PROVISIONS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MANUFACTURER PROVIDES THE SOFTWARE "AS IS" AND DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, OWNERSHIP RIGHTS, UNINTERRUPTED USE, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE MANUFACTURER DOES NOT GUARANTEE SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. THE MANUFACTURER DOES NOT GUARANTEE THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, BE UP-TO-DATE, SECURE, OR ERROR-FREE.

Product Limitations

YOU UNDERSTAND THAT THE PRODUCT AND SOFTWARE ARE NOT A STAND-ALONE OR AUTOMATED SYSTEM, OR PERFORMED BY A THIRD PARTY, AND THE MANUFACTURER WILL NOT TAKE ANY ACTIONS RELATED TO YOUR DIRECT USE OF THE PRODUCT OR SOFTWARE. YOU USE THE SOFTWARE AND PRODUCTS AT YOUR OWN RISK. YOU BEAR SOLE RESPONSIBILITY (AND THE MANUFACTURER DISCLAIMS LIABILITY) FOR ANY LOSSES, LIABILITIES, OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES TO PERSONAL PROPERTY, LIABILITY, OR DAMAGES CAUSED TO YOU, YOUR PROPERTY, PERSONAL BELONGINGS (INCLUDING, WITHOUT LIMITATION, THE PRODUCT, OTHER PRODUCTS, OR PERIPHERAL DEVICES CONNECTED TO THE DEVICE, COMPUTER, AND MOBILE DEVICE), AND DATA. THE MANUFACTURER'S SUPPORT CONTACT PHONE NUMBER CANNOT BE CONSIDERED AS A SOLUTION FOR OBTAINING INSTRUCTIONS RELATED TO YOUR DIRECT USE OF THE PRODUCT OR SOFTWARE.

Limitation of Liability

Nothing in this Agreement (including all provisions in this "Limitation of Liability" section) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN ADDITION TO THE ABOVE DISCLAIMERS, THE MANUFACTURER DISCLAIMS AND EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL, FOR ANY KIND OF DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION, FAILURE, OR INTERRUPTION OF THE SOFTWARE OR PRODUCTS, EVEN IF THE MANUFACTURER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MANUFACTURER'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE, AT THE MANUFACTURER'S OPTION.

Notices

The manufacturer may send you notifications via email. Notifications will be sent to the address you registered.

Waiver of Rights

Any waiver by the manufacturer of its rights shall be valid only if in writing. Any waiver by the manufacturer of its right to enforce any provision of this Agreement in one instance shall not be deemed a waiver of any other provision or of the right to enforce such provision in any other instance.

Entire Agreement and Amendments

This Agreement constitutes the entire agreement between you and the manufacturer with respect to this Agreement, and supersedes all prior agreements, whether written or oral, regarding the Software and/or Products.

Requisites and Contact Information
Rights holder, manufacturer, and seller:
ТОО «ASTORIA INVEST» (BIN 220340028759)

+7 (499) 755-82-34
help@vasyadiagnost.com

Questions or Additional Information

If you have any questions regarding this Agreement, please contact the manufacturer via email.

This Agreement becomes effective upon the purchase/start of use of the Product or Software.

Last updated: May 18, 2022
Replaces all previous versions.