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ClearCanvas Workstation Executable License Agreement The source code version of the ClearCanvas Workstation that you may

use, modify and distribute is available to you free-of-charge from www.clearcanvas.ca and is distributed under the New BSD license available at www.clearcanvas.ca. The accompanying executable version of the ClearCanvas Workstation and related documentation (the Software Product) is made available to you under the terms of this End-User License Agreement (the Agreement). This Agreement is a legal agreement between you (either an individual or a single entity) and ClearCanvas Inc. (hereinafter, ClearCanvas). By clicking the Accept button or by installing or using the Software Product, you are consenting to be bound by the Agreement. If you do not agree to the terms and conditions of this Agreement, do not click the Accept button, and do not install or use any part of the Software Product. 1. LICENSE GRANT. ClearCanvas grants you a non-exclusive limited terminable license to use the Software Product. This Agreement will also govern any software upgrades provided by ClearCanvas that replace and/or supplement the original Software Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. 2. TERM AND TERMINATION. Without prejudice to any rights ClearCanvas may have, this Agreement may terminate automatically in the event that you violate any provision herein. Additionally, ClearCanvas, at its own discretion, may terminate this Agreement at any time. Certain provisions of this Agreement including Section 8 (Ownership), Section 9 (Exclusive Remedy and Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 12 (Entire Agreement), and Section 13 (General) shall survive termination or expiration of this Agreement. In the event of termination, for any reason, you shall delete the Software Product from your computer(s) and destroy any tangible media that embody the Software Product. You may terminate or cancel the license granted by deleting and/or discontinuing use of the Software Product. Upon termination, you must destroy all copies of the Software Product. ClearCanvas reserves the right to change the terms and conditions of this Agreement at any time by providing notice upon the ClearCanvas website (www.clearcanvas.ca) or by directly informing you via email. Continued use of the Software Product following the posting of any changes to these terms and conditions upon the ClearCanvas website or after you are notified of such changes via email, shall be conclusively deemed to be your acceptance of those changes. 3. PROPRIETARY RIGHTS. The Software Product is available in source code form under the terms of the New BSD License. You are acquiring no right to use, and shall not use without ClearCanvas prior written consent, the respective

names, characters, artwork, designs, trade names, copyrighted materials, trade marks or service marks of ClearCanvas, their affiliates, agents, vendors or licensors. 4. SPECIFICATIONS. The Software Product was designed to be used with the Windows XP or higher operating system. It is recommended that you install the Software Product on a computer that has at least 1 GB of RAM, at least 5GB of free hard drive space and at least a 256 MB or higher video card. Further, the computing device should preferably be a multi core CPU. These specifications may change from time to time as documented in the About ClearCanvas Workstation section that is found at www.clearcanvas.ca. By entering into to this Agreement, you agree to monitor this Recommended System Requirements section and implement necessary upgrades based on the most current recommendations. 5. USE OF SOFTWARE PRODUCT. The Software Product provides access to a Picture Archive and Communication System (PACS) viewer that is intended to be used when reviewing medical images. User guides, training and educational materials are intended to assist you in order to properly make use of the Software Product. You agree to read any such materials carefully and to follow all instructions. You also agree that you have sole and complete responsibility and liability for any decisions that you make or actions that you take in connection with or in reliance upon the Software Product and the views of the medical images or other content that is displayed using the Software Product. 6. ADDITIONAL COMPONENTS AND COMPLIANCE WITH APPLICABLE LAWS. The Software Product is intended for use when reviewing medical images, and as such may be subject to regulatory approval from a relevant regulatory body or authority. In Canada, Health Canada regulatory approval may be required for certain medical image viewers. You are solely responsible for compliance with all Canadian, foreign, federal, provincial, and local laws, rules and regulations with respect to your use of the Software Product. You hereby agree that your use of any add-on components (Plug-ins) with the Software Product not released by ClearCanvas may change the functionality and operation of the Software Product. Any such use of Plug-ins shall be at your own risk, and ClearCanvas is not responsible or liable in any manner whatsoever for the operation of the Software Product when used with any Plug-ins that are not released by ClearCanvas. You further acknowledge that the use of any Plug-ins with the Software Product may change the functionality of the Software Product and may require regulatory approval in the jurisdiction where you are using the Software Product. ClearCanvas is not responsible in any way for determining the necessity of such approval, or for obtaining such approval. You are solely responsible for compliance with all Canadian, foreign, federal, provincial, and local laws, rules and

regulations with respect to your use of the Software Product with any Plug-ins.

7. RESTRICTIONS ON USE. You shall not: (a) use the Software Product except as specifically authorized in this Agreement, or (b) use the Software Product after any termination or cancellation of the Agreement or the license granted in Section 1(License Grant). 8. OWNERSHIP. The Software Product is licensed, not sold, to you for use only upon the terms and conditions of this Agreement. ClearCanvas owns all rights, including without limitation intellectual property rights, in and to the Software product. ClearCanvas reserves all rights not expressly granted to you. You must reproduce the copyright, and all other proprietary notices displayed, on the Software Product. All title and intellectual property rights in and to the medical image content and any other content which may be accessed through use of the Software Product is the property of the respective content owner(s). This Agreement grants you no rights to use such content. 9. EXCLUSIVE REMEDY AND DISCLAIMER OF WARRANTIES. THE SOFTWARE PRODUCTS ARE PROVIDED AS IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SOFTWARE PRODUCTS FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE PRODUCTS WILL BE VIRUS FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH YOU. THIS DISCLAIMER APPLIES TO AND IS FOR THE BENEFIT OF CLEARCANVAS, AND THEIR RESPECTIVE PARENTS, AFFILIATES, AGENTS, VENDORS, THIRD PARTIES AND LICENSORS. 10. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall ClearCanvas, its distributors, directors, licensors, contributors and agents, be liable for any punitive, exemplary, special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill, work stoppage, loss of data, and computer failure or malfunction or any other pecuniary loss) arising out of the use or inability to use the Software Product, even if ClearCanvas has been advised of the possibility of such damages. In no event shall ClearCanvas liability for any damages, regardless of kind or type, to you, or to any other person exceed Canadian $10.00. Because some jurisdictions do not allow the exclusion or

limitation of liability, the above limitation may not apply to you. 11. EXPORT RESTRICTIONS. The Software Product and its underlying technology may be subject to export controls. You must comply with all export and import laws and restrictions and regulations of any government, agency or authority relating to the Software Product and its use. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between you and ClearCanvas and may be only be modified in writing and signed by you and an authorized representative of ClearCanvas. 13. GENERAL. If any provisions of this Agreement are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining provisions will remain in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of Ontario without reference to choice of law principles. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in courts in Ontario, Canada.

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