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Carestream Smart Link Portal Site Terms
These Terms and Conditions (the “Terms”) set forth the terms and conditions
that govern your use of the Carestream Smart Link Portal, a remote web-based management
service (the “Service”), which provides a web-based graphical interface for
a comprehensive view of data related to your Carestream RIS/PACS/CDA systems (the
“Units”) under service contract and enables:
• asset management information of your Units (hardware and software),
• the status of most relevant operational parameters of your Units, as detected
through remote automatic monitoring,
• the description and the status of the automatic notifications (alarms/alerts)
in the event that some key operative parameters exceeded safe operational thresholds
Carestream cannot guarantee 24/7 Portal access. Also, unexpected connectivity problems
may affect the accuracy of the data displayed. In no case, such problems can affect
your RIS/PACS/CDA systems’ operability. If you are not able to access the Portal,
or if the Portal indicates system’s connectivity problems, please contact your local
Carestream Call Center during business/working hours.
As used herein, the terms “us,” “we,” or “our” means Carestream Health Inc., affiliated
entities or division thereof (“Carestream”), and any agent, independent contractor,
designee, or assignee that Carestream may, at our sole discretion, involve in the
provision of the Service; and the terms “you” or “your” means the person or entity
accessing or using the Service.
Agreement; Service
When you use or access, or permit any other persons or entities to use or access
the Service, you agree to the terms and conditions of these Terms and acknowledge
that you are authorized to use the Service. These terms operate as a supplement
to any service contract you may have with us. We may amend or change these Terms
(including by imposing applicable fees or service charges) from time to time, in
our sole discretion, by posting the updated terms on the sites that provide the
Service (the “Site”). Please access and review these Terms regularly. If
you find these Terms (including any amended provisions hereof) unacceptable to you
at any time, you may discontinue your use of the Site and the Service. Your use
of the Site or the Service after we have made such changes available will be considered
your agreement to the change. If we make material amendments or changes to these
Terms, the amended Terms will be posted on the Site for your acceptance or confirmation,
and you will be required to accept or confirm such changes prior to your continued
use of the Site or the Services. The Service is an online resource that enables
you to access a web-based graphical interface for a comprehensive view of data related
to your Carestream RIS/PACS/CDA system. Additional data provided by third parties
may also be provided to you by the Service. Carestream and its licensors own the
Site and the Services, including all worldwide intellectual property rights therein.
We grant to you, for your personal or internal business purposes only, a non-exclusive,
limited, revocable and non-sublicenseable right to access and use the Service in
connection with your permitted use of the Carestream Units. You agree not to use
the Service for any other purpose, including without limitation, commercial purposes,
and in no event may you, directly or indirectly, engage in co-branding, framing,
linking, or reselling any portion of the Site or the Services without our prior
written consent. Except as expressly permitted herein, you may not copy, further
develop, reproduce, republish, modify, alter download, post, broadcast, transmit
or otherwise use the Site or the Services. You will not remove, alter or conceal
any copyright, trademark, service mark or other proprietary rights notices incorporated
in the Site or Services.
Installation, Maintenance and Operation of Equipment
You are responsible for obtaining, paying for, installing, maintaining, and operating
all communications equipment and services and computer equipment necessary for you
to access the Service, in accordance with such requirements as may be (i) provided
by the equipment manufacturers and (ii) any other documentation we provide to you
in connection with Units at any time. In addition, you acknowledge that you are
solely responsible for all costs relating to the communication of the Units with
the Services. We are not responsible for any errors or problems that arise from
the malfunction or failure of your equipment or any communications services obtained
by you. You may access the Service by using standard internet browsing software.
You acknowledge that we are not responsible for notifying you of any upgrades, fixes,
or enhancements to, or for providing technical or other support for, any browser
or for any compromise of data transmitted across computer networks or telecommunications
facilities, including, but not limited to, the Internet. We make no endorsement
of any specific browser software. Your use of any browser may also be subject to
the license agreements of the browser licensor, and you are solely responsible for
complying with any such licensor’s terms in addition to the provisions of these
Terms. You are additionally responsible for obtaining Internet services via the
Internet Service Provider (ISP) of your choice, for any and all fees imposed by
such ISP and any associated communications service provider charges. You acknowledge
that there are certain security, corruption, transmission error, and access availability
risks associated with using open networks such as the Internet and you hereby expressly
assume such risks (to the extent the law allows you to do so). You acknowledge that
you have requested the Service for your convenience, have made your own independent
assessment of the adequacy of the Internet as a delivery mechanism for accessing
information and initiating instructions, and that you are satisfied with that assessment.
We are not responsible for any Internet access services, or for any security, corruption,
transmission error, and access availability risks associated with use of the Internet.
Content
The Services contain graphical works, applications and other materials of Carestream
(the “Carestream Content”). The Carestream Content is protected by copyright,
trademark, patent, trade secret and other laws, and Carestream owns and retains
all of its rights in the Carestream Content, the Site and the Services. Except as
expressly permitted herein or by applicable law, you may not, directly or indirectly,
copy, further develop, reverse engineer, reproduce, republish, download, post, broadcast,
transmit or otherwise use the Carestream Content.
Passwords
To prevent unauthorized access to your data and to prevent unauthorized use of the
Service, you agree to protect and keep confidential your User ID, password used
to access the Service (“Password”), or other means of accessing data or information
via the Service. The loss, theft, or unauthorized use of your User IDs and Passwords
could result in corruption or loss of your Unit data. You may not provide your User
ID and Password to any other individual. If you disclose your User IDs or Passwords
to any persons or entity, you assume all risks and losses associated with such disclosure.
If you permit any other person or entity to use the Service or to access or use
your User IDs, Passwords, or other means to access your data, you are responsible
for any activities performed and for any use of such data by such persons or entities.
We may at our option change the parameters for the Password without prior notice
to you, and if we do so, you will be required to change your password.
Notices
If you are entitled to receive automatic alert notification, in the event that some
key operative parameters exceeded safe operational thresholds, such notifications
will be sent to you electronically to the email address that you provide when you
register for the Service or another email address that you may specify. Please note
that alarms/alerts and yellow/red light indicators do not mean RIS/PACS/CDA systems’
downtime or malfunction: they are for preventive maintenance activities in order
to avoid potential problems while systems are still operational. You shall open
a call/ticket to Carestream Call Center only if you experience RIS/PACS/CDA systems’
downtime or malfunction during your service coverage hours.
New Features
We may, from time to time, introduce new features to the Service or modify or delete
existing features in our sole discretion. We shall notify you of any of these changes
to features if we are legally required to do so. By using any new or modified features
when they become available, you agree to be bound by the rules concerning these
features.
Service Fees
You acknowledge that Carestream reserves the right to charge for providing access
to the Site and the Services, and may change its fee schedule from time to time
in its sole discretion.
Limitation of Liability; No Warranties
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD,
CARESTREAM SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT,
INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED
TO UNITS OR UNIT MALFUNCTIONS, THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR
MAINTENENACE THEREOF, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR
MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS,
BUGS, ERRORS, VIRUSES, TROJAN HORSES, CONFIGURATION PROBLEMS OR INCOMPATIBILITY
OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS,
PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER
OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES
OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. CARESTREAM
SHALL NOT BE LIABLE FOR ERRORS IN THE SITE OR THE SERVICES, INCLUDING THE INACCURATE
OR MISSING MEASUREMENT OF DATA BY THE SERVICES, OR IN THE EVENT THE SERVICES FAIL
TO DETECT, OR DETECT INCORRECTLY, ANY FAULT IN THE UNITS. EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL DATA, INFORMATION,
PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT)
INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS” “WHERE-IS”
AND “WHERE AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE
SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE
SITES. YOUR USE OF THE PORTAL DOES NOT INCREASE OR CHANGE CARESTREAM’S LIABILITY
TO YOU UNDER ANY EXISTING SERVICE CONTRACT. NO LICENSE TO YOU IS IMPLIED IN THESE
DISCLAIMERS.
Termination; Availability
We may terminate or suspend these Terms, or terminate, suspend or limit your access
privileges to the Services, in whole or part, at any time for any reason, with or
without notice. You acknowledge that the Site and the Services may be suspended
for reasons beyond the control of Carestream. Carestream shall have no liability
for any temporary suspension of the Site and the Services lasting less than thirty
(30) days, and Carestream shall have no responsibility to provide Customers with
advance notice of such suspension. We will provide you with ninety (90) days written
notice prior to any termination of the Service, except where termination of the
Site or the Services relates to your cessation of use Units, your failure to meet
payment or other obligations to us or breach of these Terms or other agreement between
you and us (including any agreement regarding payment), in which case no notice
will be provided. The obligations and liabilities of the parties incurred prior
to the termination date shall survive the termination of these Terms for all purposes.
Indemnity
You acknowledge and agree that you are personally responsible for your conduct while
using the Site and the Services and agree to indemnify and hold us and our officers,
directors, employees and agents harmless from and against any loss, damage, liability,
cost or expense of any kind (including, but not limited to, reasonable attorneys’
fees) that we may incur in connection with a third party claim or otherwise, in
relation to your use of the Site and the Services or the use of the Site and the
Services by anyone using your User ID or Password or your violation of these Terms
or the rights of any third party (including, but not limited to, privacy rights).
Your obligations under this paragraph shall survive termination of these Terms.
Privacy; Communications
The Portal does not handle Personally Identifiable Health Information. Patient-related
information and sensitive data are not monitored, collected, transmitted nor displayed
by the Portal. Carestream participates in the Safe Harbor program and adheres to
the Safe Harbor Principles developed by the U.S. Department of Commerce and the
European Union for data protection (for more information about the Safe Harbor program,
please visit the U.S. Department of Commerce’s Safe Harbor website: http://export.gov/safeharbor/).
We will keep confidential all commercial data and records related to your account
with us, including all information collected by the Units and all information presented
on the Site and through the Services. Any personal information you supply to us
when you use the Smart Link Portal will be used in accordance with applicable data privacy
legislation. If any User ID or Password we provide to you is provided to you as
a representative of the Customer registered with the Service, it may not be retained
by you after any termination of your relationship with such Customer. You agree
to inform us immediately if a person with access to a Password leaves the employ
of the entity to which that Password has been assigned.
Choice of Law/Successors; Waiver; Severability
These Terms and their enforcement shall be governed by the laws of the State of
New York, United States without regard to any choice of law provision, and shall
inure to the benefit of our successors and assigns, whether by merger, consolidation,
or otherwise. We will not be deemed to have waived any of our rights or remedies
under these Terms unless such waiver is in writing and signed by us. No delay or
omission on our part in exercising any rights or remedies shall operate as a waiver
of such rights or remedies or any other rights or remedies. A waiver on any one
occasion shall not be construed as a bar or waiver of any rights or remedies on
future occasions. If any provision of these Terms conflicts with the law under which
these Terms are to be construed or if any provision of these Terms held invalid
or unenforceable by a court of competent jurisdiction, that provision will be deemed
to be restated to reflect as nearly as possible the original intentions of the parties
in accordance with applicable law. The remaining provisions of these Terms and the
application of the challenged provision to persons or circumstances other than those
as to which it is invalid or unenforceable will not be affected thereby, and each
of those provisions will be valid and enforceable to the full extent permitted by
law.
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