A. Disclaimer
The telemedicine system in transfusion medicine, TeleTransfusion, is used as a helping tool in pre-transfusion testing. You as user of the system are fully responsible for Your professional decisions, especially in cases when test interpretation poses a threat to the life or health of individuals. You use the TeleTransfusion system at Your own risk and assume full responsibility for Your professional decisions undertaken by using TeleTransfusion.
B. License agreement
SOFTWARE PRODUCT LICENSE.
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold. The Software Product is a compound of several software modules ("Modules"). This license agreement refers to all Modules equally, unless otherwise specified.
DEFINITIONS.
Hosted Service
Business relationship where TeleTransfusion binds itself to provide Software Product to You and You agree to pay fees according to our pricing policy. When You use the Software Product, the connections will be established through the network of servers, owned and maintained by TeleTransfusion.
Server License.
Business relationship where You acquire a license for TeleTransfusion Module. In such case, you can setup the Software Product on your own server(s). Such installation works independently of the network of servers, owned and maintained by TeleTransfusion.
1. GRANT OF LICENSE.
Licensing seats or institutions.
The Software Product is licensed per seat within an institution or per complete institution, with unlimited number of seats.
General License Grant to Use the Trial of Hosted Service.
To obtain the Trial version of the Hosted Service, you need to register on the Software Product's Website or using the mobile app. TeleTransfusion will provide You with a free Trial version of the Hosted Service, which You may use for 30 days. You acknowledge and agree that TeleTransfusion has a right to decline Your request to obtain a Trial of the Hosted Service without explanation or may even not respond to Your request. You are entitled to one free 30-day Trial period of the Hosted Service. You may not use your trial version of the Hosted Service after its expiration date.
General License Grant to Use the Hosted Service.
By buying the license for TeleTransfusion or any other Software Product, You may use the Software Product for the limited period of time and number of seats, as agreed with the TeleTransfusion or its Authorized Reseller.
Reservation of Rights.
All rights not expressly granted are reserved by TeleTransfusion.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Copy Protection.
The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by this agreement or applicable law notwithstanding this limitation.
Limitations of use.
You may use the Software Product for the business purposes of your legal entity only. One legal entity is different from another legal entity if they have different tax numbers. You may not resell, distribute, or sublicense the Software Product or use the Software Product for the development, production, or marketing of a service or product substantially similar to the Software Product. You shall not use the Software Product in any manner that could damage, disable, overburden, impair, or otherwise interfere with Software Product's websites, Software Product, or networks connected to the Software Product.
Support Services.
TeleTransfusion may provide You with support services related to the Software Product ("Support Services"). Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this agreement. You acknowledge and agree that TeleTransfusion may use technical information You provide to TeleTransfusion as part of the Support Services for its business purposes, including for product support and development. TeleTransfusion will not utilize such technical information in a form that personally identifies You.
Termination.
Without prejudice to any other rights, TeleTransfusion may terminate this agreement. In such event, You must destroy all copies of the Software Product and all of its component parts.
3. SERVICE LEVEL COMMITMENT.
TeleTransfusion is committed to providing prompt and reliable services.
4. UPGRADES.
If the Software Product is labelled as an upgrade, You must be properly licensed to use a product identified by TeleTransfusion as being eligible for the upgrade in order to use the Software Product.
5. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by TeleTransfusion or its Authorized Resellers. All title and intellectual property rights which are not contained in the Software Product, but may be accessed through use of the Software Product, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This LA grants You no rights to use such content and does not grant You any rights in connection with any trademarks or service marks of TeleTransfusion.
6. BACKUP COPY.
You may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this agreement, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
7. APPLICABLE LAW.
If you acquired this Software Product from TeleTransfusion, this agreement shall be subject to, and governed by, the Laws and statutes of Republic of Slovenia. If this Software Product was acquired from an TeleTransfusion's Authorized Reseller outside the Republic of Slovenia, then local law may apply.
8. LIMITED WARRANTY.
TeleTransfusion warrants that the software product will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. As to any defects discovered after the ninety (90) day period, there is no warranty or condition of any kind. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You. Any supplements or updates to the Software Product, any (if any) service packs or hot fixes provided to You after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory. Limitation on remedies; no consequential or other damages. You are not entitled to any damages, including but not limited to consequential damages, if the Software Product does not meet TeleTransfusion's Limited Warranty, even if any remedy fails of its essential purpose. Your exclusive remedy. TeleTransfusion's and its Authorized Resellers entire liability and Your exclusive remedy shall be (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to TeleTransfusion or its Authorized Reseller with a copy of Your receipt. You will receive the remedy elected by TeleTransfusion without charge, except that You are responsible for any expenses You may incur (e.g. cost of shipping the Software Product to TeleTransfusion). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. To exercise Your remedy, contact TeleTransfusion or the TeleTransfusion's Authorized Reseller serving Your country.
9. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to You and is provided in lieu of any other Express Warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, TeleTransfusion and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness or responses, of results, of workmanlike effort, of lack of viruses and of lack of negligence, all with regard to the software, and the provision of or failure to provide support services. Also, there is no Warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Software.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall TeleTransfusion or its Authorized Reselers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software Product, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this la, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of Warranty of TeleTransfusion or any Authorized Reseler, and even if TeleTransfusion or any Authorized Reseler has been advised of the possibility of such damages.
11. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of TeleTransfusion and any of its Authorized Reselers under any provision of this agreement and Your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by TeleTransfusion with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by You for the Software.
12. ENTIRE AGREEMENT.
This agreement (including any addendum or amendment to this agreement which is included with the Software Product) is the entire agreement between you and TeleTransfusion relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Product or any other subject matter covered by this agreement. To the extent the terms of any TeleTransfusion policies or programs for support services conflict with the terms of this agreement, the terms of this agreement shall prevail.
13. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS.
You agree that You are solely responsible for the content, may it be medical or other, of all visual, written, or audible communications You transmit by using the Software Product. You further agree not to use the Software Product to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You further agree to adhere to all regulations regarding blood transfusion, including but not limited to the venue, persons involved in the communication, their expertise and status. Although TeleTransfusion is not responsible for any such communications, we may delete any such communications of which we become aware, at any time, without notice to You.
14. MODIFICATIONS.
We reserve the right to change or supplement this agreement at any time without prior notice. Any changes to this agreement will be posted the www.teletransfusion.com website. Any changes will become effective upon posting. We urge you to monitor this website to stay abreast of any changes.
C. Terms of Service
1. Purchasing TeleTransfusion
Registered users can purchase TeleTransfusion using our secure payment procedure. Please contact us at info@teletransfusion.com regarding the licensing options.
In case you choose to pay for the service via bank transfer or Authorized Reseller, this will be regarded as an "Order". Orders will be processed within 48 hours. Your TeleTransfusion license information will be shipped electronically, and automatically enabled for your account. You will receive an e-mail with your purchase confirmation.
2. Price
For pricing details on our products please see our webpage, or contact us by claiming the number of seats you require to use the system.
3. Tax Information
VAT will be applied to TeleTransfusion purchases for residents of European Union (EU). As of July 1, 2003, new VAT regulations apply within the European Union (EU). As far as electronically supplied services are concerned, VAT rate is dependent on the location of the customer. Non EU residents and customers who specify a valid VAT ID number in the ordering process are not charged with VAT.
5. Privacy Notice
We assure you that your personal data will not be passed on to third parties (uninvolved in order or payment processing), sold, or rented, unless we are legally obligated to forward such data. Your payment information will be treated as strictly confidential and forwarded neither to third parties uninvolved in payment processing, unless we are legally obligated to do so.
Information we collect: General
When you register, and at other times, we may collect personally identifiable information from you that may include name, address, e-mail address and facts about your computers, profession, company and similar information. We also may collect other information, including information about your transactions with us or others.
Information we collect: Website usage information
We may automatically collect IP addresses and website use information from you when you visit our Website. This information helps us, among other things, evaluate how our visitors and subscribers use and navigate our Websites (on an aggregate basis), including the number and frequency of visitors to each Web page, and the length of their visits.
Information we store: Medical information
We need to store patient information you enter into the application. We do so only to enable the service to you. We do not check, modify or disclose this information, it is solely available to you and the users you trust within the application. You are not to use the system if you are not at liberty to allow the medical information to be sent to the cloud.
How we disclose information collected
We do not disclose the medical information you entered. Our services by necessity require us to provide some of your information to third parties. To the extent such disclosure is necessary, we will notify you of the specific information disclosed. We also employ other companies to assist us in performing certain functions on our behalf - Authorized Resellers. They only have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in strict accordance with this Privacy Policy. We will never voluntarily share personally identifiable information with any third party without the user's express consent or unless compelled by applicable laws. Your email address may be used to send you periodic newsletters from us, but only upon your express consent. We will not disclose your email address to any third party. We might disclose only your company's name on our Website among the list of references in case you decide to try or buy our product or service.
How we update this privacy policy
We reserve the right to change or supplement this privacy policy at any time. Any changes to this privacy policy will be posted to the website www.teletransfusion.com. Any changes will become effective upon posting. We urge you to monitor the website to stay abreast of any changes. By using the services and thereby accepting this privacy policy, you agree to receive privacy notices at this website and to review this privacy policy from time to time in order to stay informed of any changes which may occur.
6. Security
All information is encrypted for your protection. We use Secure Sockets Layer (SSL) to ensure your transactions are safe. Just make sure all the SSL security features are turned on in your browser's preferences or options on the device.
7. Refund Policy Statement
If you determine that our software does not work as expected, we recommend you either contact us to arrange a refund or follow the refund policy of the reseller from whom you purchased the software.