Please read this software license agreement (“License”) carefully before using “ADMS”. By using “ADMS”, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, do not use the software.

1. Definitions

	Term	Definition
1.	ADMS	Suite de administración de dispositivos Athena
2.	Agent	An instance of ADMS which is used to receive information directly from a medical monitor. May be referred to as “client”
3.	ePHI	Electronic Personal Heath Information
4.	Manager	An instance of ADMS which is used to receive and send data from one or more agent systems. May be referred as “server”
5.	PHI	Patient Heath Information
6.	Responsible Organization (RO)	The medical organization managing the product’s use in the medical setting

 

2. General

1. “ADMS”, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to you by Athena GTX for use only under the terms of this License, and Athena GTX reserves all rights not expressly granted to you.
2. The terms of this License will govern any software upgrades provided by Athena GTX that replace and/or supplement the original “ADMS” product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Title and intellectual property rights in and to any content displayed by or accessed through the “ADMS” belongs to the respective content owner. Such content is protected by HIPAA Privacy and Security laws and may be protected by copyright or other intellectual property laws and treaties. Such content may also be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

3. Permitted License Users and Restrictions

1. Subject to the terms and conditions of this license, you are granted a limited non-exclusive license to install and use “ADMS”. You may not make “ADMS” available over a network where it could be used by multiple computers at a time.
2. You may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of, decrypt, modify, create derivative works of “ADMS”, or any part thereof. Any attempt to do so is a violation of the rights of Athena GTX and its licensors of “ADMS”.

4. Transfer

1. You may not rent, lease, lend, redistribute or sublicense any part of “ADMS”.

5. Use of Data

1. ADMS Manager only saves data on the PC running ADMS Manager. A RO’s instance of ADMS and the saved ePHI can only be accessed through the network connected to the ADMS Manager. Therefore, no Athena GTX employee will have access to a RO’s instance of ADMS and the saved ePHI without the RO’s express invitation.
2. ADMS does not collect personal information about its users unless voluntarily provided. To wit, Athena GTX will use user information for, but not limited to, communicating with users in relation to services and/or products users have requested from Athena GTX.

6. Intellectual Property Ownership

1. “ADMS” is the intellectual property of and is owned by Athena GTX. The structure, organization and source code of “ADMS” is the confidential information of Athena GTX.

7. Termination

1. This License is effective until termination. Your rights under this License will terminate automatically without notice from Athena GTX if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of “ADMS”.

8. Disclaimer of Warranties

1. You expressly acknowledge and agree that, to the extent permitted by applicable law, use of “ADMS” is at your sole risk.
2. To the maximum extent permitted by applicable law, “ADMS” is provided “as is” and “as available”, with all faults and without warranty of any kind.

9. Limitation of Liability

1. To the extent not prohibited by applicable law, in no event shall Athena GTX be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use “ADMS”.