END USER LICENSE AGREEMENT (EULA)

DICOMetrics™

Version: 1.0

This End User License Agreement ("Agreement") is a legally binding agreement between you ("User," "you," or "Licensee") and DICOMetrics, LLC ("Company," "DICOMetrics," "we," or "us") governing access to and use of the DICOMetrics™ software platform, including all related interfaces, algorithms, calculations, visualizations, documentation, and generated outputs (collectively, the "Software").

BY CLICKING "I AGREE," ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

1. LICENSE GRANT

Subject to continuous compliance with this Agreement, DICOMetrics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for your internal professional purposes, in accordance with your subscription tier and applicable law.

No ownership interest is conveyed. The Software is licensed, not sold.

2. AUTHORIZED USERS AND PROFESSIONAL STATUS

The Software is intended exclusively for use by licensed healthcare professionals and healthcare entities acting within the lawful scope of their licensure and authority.

You represent and warrant that:

• You possess and maintain all required professional licenses and credentials
• You are legally authorized to access, upload, and analyze medical images and related data
• You obtain and maintain all required patient consents and authorizations
• You assume full responsibility for compliance with all applicable federal, state, and professional regulations

3. INTENDED USE STATEMENT (CLINICAL DECISION SUPPORT)

DICOMetrics™ is a clinical decision support (CDS) software tool that provides measurement assistance, visualization, and report-generation functions based solely on user-supplied data and user-directed inputs.

The Software:

• Does not independently analyze or interpret clinical meaning
• Does not generate diagnoses, treatment recommendations, or automated clinical conclusions
• Does not replace or supplant professional clinical judgment

The User independently:

• Selects images and views
• Places landmarks and measurement points
• Reviews, verifies, accepts, modifies, or rejects all outputs

All results remain fully transparent, reviewable, and explainable to the User.

4. FDA CLINICAL DECISION SUPPORT ALIGNMENT

The Software is designed to operate under FDA enforcement discretion applicable to clinical decision support software because:

• The Software does not provide specific treatment or diagnostic recommendations
• The Software allows the User to independently review the basis of all calculations and outputs
• The Software does not replace clinician judgment or automate clinical decision-making
• The Software relies on clinician-directed inputs and confirmations at all critical steps

The User acknowledges that the Software is not intended to be a medical device and is not intended to independently drive clinical decisions.

5. NO MEDICAL ADVICE OR AUTOMATION

THE SOFTWARE DOES NOT PROVIDE MEDICAL ADVICE.

Any measurements, calculations, annotations, graphics, or reports generated by the Software are:

• Informational and analytical only
• Dependent on image quality, metadata integrity, positioning, and user technique
• Subject to professional interpretation and verification

ALL CLINICAL INTERPRETATION, DIAGNOSIS, IMPAIRMENT RATING, AND MEDICO-LEGAL OPINIONS ARE SOLELY THE RESPONSIBILITY OF THE USER.

6. EXPERT WITNESS AND LITIGATION USE

If the Software or its outputs are used in litigation, arbitration, administrative proceedings, or expert testimony, the User expressly acknowledges and agrees that:

• The Software functions as a measurement and documentation aid only
• The User is the author and final authority of any report, opinion, or testimony
• Any opinions expressed are those of the User, not DICOMetrics
• The Software does not certify accuracy, admissibility, or legal sufficiency

DICOMetrics does not serve as an expert witness, co-author, or guarantor of medico-legal conclusions.

7. USER RESPONSIBILITIES AND VERIFICATION

The User is solely responsible for:

• Reviewing all outputs for accuracy and appropriateness
• Confirming measurement validity prior to clinical or legal use
• Understanding the limitations of radiographic measurement techniques
• Ensuring that outputs are used in accordance with accepted professional standards

Failure to independently verify outputs constitutes improper use.

8. DATA OWNERSHIP AND PRIVACY

The User retains ownership of all uploaded data.

DICOMetrics processes data solely to provide the Software's functionality, in accordance with:

• This Agreement
• The DICOMetrics Privacy Policy
• Any applicable Business Associate Agreement (BAA)

The User acknowledges that DICOMetrics utilizes compliant third-party infrastructure providers as permitted under applicable BAAs.

9. PROHIBITED USES

You may not:

• Reverse engineer, decompile, or disassemble the Software
• Circumvent safeguards or access controls
• Share credentials or permit unauthorized access
• Use the Software beyond the scope of licensure or authorization
• Use outputs as automated or standalone clinical determinations
• Represent Software outputs as certified diagnoses or legal conclusions

10. INTELLECTUAL PROPERTY

All intellectual property rights in the Software, including algorithms, methodologies, workflows, interfaces, and trademarks, are owned exclusively by DICOMetrics or its licensors.

DICOMetrics™ is a trademark of DICOMetrics, LLC. All rights reserved.

11. DISCLAIMERS

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DICOMETRICS DISCLAIMS ALL WARRANTIES, INCLUDING:

• ACCURACY OR COMPLETENESS OF OUTPUTS
• FITNESS FOR ANY CLINICAL, FORENSIC, OR LITIGATION PURPOSE
• ERROR-FREE OR UNINTERRUPTED OPERATION

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DICOMETRICS SHALL NOT BE LIABLE FOR:

• CLINICAL OUTCOMES OR DECISIONS
• LEGAL OR REGULATORY CONSEQUENCES
• EXPERT TESTIMONY RELIANCE
• INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO DICOMETRICS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. INDEMNIFICATION

The User agrees to indemnify and hold harmless DICOMetrics from any claims arising from:

• Clinical or legal use of Software outputs
• Expert testimony or litigation reliance
• Improper or unauthorized data handling
• Violation of this Agreement or applicable law

14. TERMINATION

DICOMetrics may suspend or terminate access immediately for violation of this Agreement.

Upon termination:

• The license terminates
• Access ceases
• Data handling follows the Privacy Policy and applicable BAA

15. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Exclusive venue lies in state or federal courts located in Florida.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements or representations.