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Licentieovereenkomst Hector

Last modified: 18/01/2012

0. Definitions

The 'Application' means the Hector application as being installed for ehBox communication for individual practitioners with a valid eHealth certificate.

The 'License' means this software license agreement effective as of the date the Hector software is downloaded and installed on the end-users’ workstation.

“Update” means either a software modification or addition that, when made or added to the Software, corrects the Error, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect of the Error on Customer.

1. Grant 

By accepting this License, HealthConnect grants you a personal, limited, non-exclusive license (limited to the term of this contract) to install and use the Application for your personal, noncommercial use solely as set forth in this License and any accompanying documentation.  Your acquired rights are subject to your compliance with this License.  Any commercial use is prohibited.  You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing or assigning the Application or rights to use the Application.  The term of your license shall commence on the date that you accept this Contract and shall end on the earlier of the date that you delete the Application; or HealthConnect's termination of this License.

2. Copies 

You may download this Application from an authorized source.  The number of copies that you can download during a consecutive period of days may be limited.  You may make a copy of the Application available on a network where it could be used by multiple users at the same time.  You may make the Application available over a network where it could be downloaded by multiple users.

3. License Validation

The Application and an internet connection are required to validate the license for certain products distributed by HealthConnect.  You acknowledge and agree that the Application can automatically validate license rights for some or all HealthConnect products without separate notice to you.  This means that in order to use the Application and certain HealthConnect products, you must leave the Application installed on your computer.  You acknowledge and agree that the Application may use information regarding your computer, hardware and operating system to create an anonymous machine identifier for purposes of validating your license rights and updating the Application. Information accessed for this purpose is not stored in retrievable form.

4. Application Updates

You agree that the Application may automatically download and install updates, upgrades and additional features that HealthConnect deems reasonable, beneficial to you and/or reasonably necessary.  You acknowledge and agree that any obligation HealthConnect may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.  This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

5. Reservation of Rights and Restrictions

The Application is licensed, and not sold, to you for use only under the terms of this License.  Except as expressly licensed to you herein, HealthConnect reserves all right, title and interest in the Application and all software delivered through the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein.  The License is limited to the intellectual property rights of HealthConnect and its licensors in the Application and does not include any rights to other patents or intellectual property.  Except, and only to the extent that may be permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Application.  You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application or software delivered through the Application.

6. Basic Permissions

All rights granted under this License are granted for the term of copyright on the Application, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Application. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.

7. Disputes

This Agreement shall be governed by the laws of the Belgium Government.  In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to settle with a single arbitrator.  The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.

8. Survivability

The ownership and intellectual property rights and license provisions set forth in this Agreement,and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.

9. Declaration of Consent to the Processing of Personal Data

The protection and confidentiality of your data is very important.  HealthConnect would never sell your personal information, nor will it share your personal information without your express consent unless compelled by law.  HealthConnect is not spyware, and does not use or install spyware on user machines.  HealthConnect collects a limited amount of information needed to provide you with excellent, leading edge service & support that allows you to download, access, connect online and directly provide content and software updates.  For instance, the information collected allows HealthConnect to understand if the Application is working properly.  The information is also used to identify and fix software bugs as they arise.  No information such as pictures, documents or other personal data unrelated to the Application’s performance on your system is accessed or collected.  The collection and use of information by HealthConnect helps ensure that you are able to use Hector as easily as as possible and are able to enjoy the best service and experience HealthConnect has to offer.

  1. By accepting this Software End User License Agreement you agree to the processing, storage, use and transfer of your IP address and MAC address for purposes stated above by HealthConnect, Luchthavenlaan 25B, 1800 Vilvoorde.
  2. You also agree that HealthConnect may combine personal information with technical information about your system and hardware to allow HealthConnect to ensure that the Application is working properly, to improve its products and services, troubleshoot bugs and otherwise provide excellent service to you.
  3. You agree that all personal data processed, stored and used under this agreement will be stored on the servers of HealthConnect.
  4. You agree that for statistic purposes, your INAMI, name and firstname will be stored on the servers of HealthConnect.
  5. You agree that for the purposes related to a central adresbook, your name, firstname, full address and NIHII number will be exposed to other Hector users and health organisations.

Of course, you may revoke your consent at any time by ceasing your use of the Application.

10. Information Collected By Automated Means

In addition to personal information described above in the Consent Declaration as well as information that you provide HealthConnect directly, HealthConnect collects non-personal data such as Application usage statistics (for instance, if and when you experienced unsuccessful installation), operating system (such as service pack, drivers and support DLLs), information about hardware types as well as CPU information.
As described above, this information is needed to provide you with excellent, leading edge service.  No information such as pictures, documents or other personal data unrelated to the Application’s performance on your system is accessed or collected.  The collection and use of information by HealthConnect helps ensure that you are able to use the Application with as little technical difficulty as possible and are able to enjoy the best experience HealthConnect has to offer.

11. Auto-Update Feature. 

The HealthConnect Service will automatically install updates to the software you install and/or launch through the HealthConnect Service.

12. Installation and Un-installation

Un-installation of the Application can be accomplished by removing the “Hector” application via the “Add/Remove Programs” page in the Control Panel.  Certain empty cache folders, license files and game version information files may also remain on your machine after uninstallation of the Application and can be deleted manually

13. Acceptance

By accepting this License by activating a tick box, you consent to be bound by this License.  Article 9 describes the data HealthConnect may collect and use in the course of providing services and support to you in connection with the Application.  Article 10 describes your HealthConnect privacy settings and how they affect the disclosure of your information within this Application. If you do not agree to any portion of this License, do not install or use the Application.

14. Right to Modify Terms

HealthConnect reserves the right to modify the terms of this Agreement at any time and may post a notice of such changes. If and when the Agreement is modified, you will be subject to the terms of the modified Agreement, and by using the HealthConnect Application, you agree to the terms of modified Agreement, without further notice.

15. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.