Terms & Conditions

END USER SOFTWARE LICENSE AGREEMENT 
These terms and conditions constitute a legal agreement (“Agreement”) between you (either an 
individual or a legal entity) (hereinafter referred to as "you" or "your", as context requires) and 
MERGE OEM, an Ontario corporation having its principal place of business at 6509 Airport Road, 
Mississauga, Ontario, CANADA (referred to herein as "Merge OEM"), governing the licensing by 
Merge OEM to you of certain source code samples of Merge OEM’s MergeCOM-3™ DICOM or 
HL7 Toolkits (the “Code”). [BY USING, DOWNLOADING, INSTALLING, COPYING, OR ACCESSING 
THE CODE, 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 AND 
CONDITIONS BELOW.] IF YOU ARE ACCEPTING THIS AGREEMENT 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 THIS 
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE, 
DOWNLOAD, INSTALL, COPY, OR ACCESS THE PRODUCTS AND PROMPTLY DESTROY ALL COPIES 
OF ANY CODE IN YOUR POSSESSION. 
1. License. Merge OEM hereby grants to you a non-exclusive, non-transferable license to 
install and use the Code for the purpose of review and evaluation. Merge OEM reserves 
all right, title and interest in and to the Code not expressly granted herein. 
2. Use Restrictions. You may not use the Code for any commercial purpose except as 
expressly provided for herein. You may not sell, sub-license, rent, lease, lend, assign or 
otherwise transfer, duplicate or otherwise reproduce, directly or indirectly, the Code in 
whole or in part. Merge OEM may terminate this Agreement immediately upon notice to 
Customer. 
3. Disclaimer of Warranty. YOU ACKNOWLEDGE THAT THE CODE IS PROVIDED “AS IS” AND 
MERGE OEM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, 
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, 
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY FORM OF 
WARRANTY THAT OPERATION OF THE CODE WILL BE ERROR-FREE. 
4. Limitation of Liability. YOU ACKNOWLEDGE THAT IN NO EVENT SHALL MERGE OEM OR 
ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF USE OF THE CODE 
OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT 
LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL 
DAMAGES, WHETHER ANY CLAIM FOR SUCH RECOVERY IS BASED ON THEORIES OF 
CONTRACT, NEGLIGENCE, OR TORT (INCLUDING STRICT LIABILITY) AND EVEN IF MERGE 
OEM HAS KNOWLEDGE OF THE POSSIBILITY OF POTENTIAL LOSS OR DAMAGE. 
5. Governing Law. This Agreement shall be governed by the laws of the Province of Ontario, 
and the federal laws of Canada applicable therein, without regard to conflicts of law 
provisions, and Customer hereby consents to the exclusive jurisdiction of the courts in 
the Province of Ontario. 
6. General. This Agreement shall constitute the complete and exclusive agreement 
between Merge OEM and you concerning the subject matter described herein and 
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supercedes all prior understandings or agreements, whether written or oral, regarding 
such subject matter. This Agreement may not be assigned without Merge OEM’s express 
written consent. If any provision of this Agreement is held to be unenforceable for any 
reason, such provision shall be reformed only to the extent necessary to make it 
enforceable, and such decision shall not affect the enforceability of such provision under 
other circumstances, or of the remaining provisions hereof under all circumstances. No 
failure or delay on the part of Merge OEM to exercise any right, or remedy will preclude 
any other or further exercise of any right or remedy. This Agreement will not be 
governed by the United Nations Convention on Contracts for the International Sale of 
Goods, the application of which is hereby expressly excluded. The provisions of this 
Agreement which by their nature should survive, shall survive termination of this 
Agreement