Terms and Conditions

Effective Date: 2/6/2017

Thank you for choosing ClearCheck, a Radformation product. As a ClearCheck licensee, you may (depending on the terms of your ClearCheck license) have access to the benefits of this Software Support Policy. The Support Policy’s benefits are described in this document. Radformation reserves the right to modify the terms of the Support Policy at its sole discretion from time to time. If Radformation does so, it will post the revised Support Policy at this same web address, with a revised Effective Date. As used in this Support Policy, the terms “you” and “Customer” refer to the person or entity that is the Licensee under the ClearCheck Master License Agreement (the “Master License Agreement”).

Scope

The Support Policy provides you with additional services above and beyond the Limited Warranty contained in the Master License Agreement. While covered by the Support Policy, if the Product becomes damaged or defective (with certain exceptions and limitations specified below), Radformation will repair or replace the Product at no additional charge (except as stated herein). Except to the extent stated herein, the Support Policy does not extend, replace, or change the terms and conditions of Radformation’ Limited Warranty.

Priority Customer Service

The Support Policy provides Customers with priority access during the Coverage Period to Radformation Customer Support (“Support”), including Hotline Support and Remote Desktop Support.

Hotline Support

Customers may contact Support via telephone (“Hotline Support”) with support requests during operating hours. Operating hours are Monday through Friday (except legal holidays), 10:00 a.m. to 6:00 p.m. Eastern Time. Hotline Support may be reached at 1-844-RADFOR5 (7233675). Customers may also contact Hotline Support by sending an email to: support@radformation.com. Radformation will make reasonable commercial efforts to provide an initial response to your requests for support within one business day. If your support request is received outside of operating hours, Radformation will make reasonable commercial efforts to provide an initial response on the next business day, but an additional business day may be required.

Virtual Desktop Support

Radformation will, if requested by Customer and appropriate as determined by Radformation, provide support via a “virtual desktop” connection service such as WebEx. To obtain virtual desktop support, the Customer is encouraged to schedule a support session by contacting Hotline Support, either via phone or by email.

Eligibility and Coverage Period

Your eligibility for the Support Policy is determined by the Master License Agreement and by the Free Trial or Full License (whether Annual License or Lifetime License), whichever is in effect at the time. Please refer to those documents to determine whether you are eligible.

Software Compatibility

ClearCheck software is compatible with Varian Medical Systems Eclipse Treatment Planning System versions 11, 13.6, and 13.7. Eclipse upgrades during a valid support period will have access to compatible ClearCheck versions at no additional cost.

Coverage Outside the United States

Customers located outside the United States may be eligible for the Support Policy, on a case-by-case basis, in Radformation’s sole discretion. Additional limitations, costs, and conditions stated in Schedule A may apply. To the extent terms stated in Schedule A differ from terms stated elsewhere in this Agreement, Schedule A shall prevail.

Cancellation

Radformation, at its sole discretion, may terminate Customer’s eligibility for the Support Policy, and may refuse to provide further services under the Support Policy, for abusive, inappropriate, or unreasonable behavior; for failure to comply with Radformation’s published policies and procedures; for termination of the Master License Agreement between Customer and Radformation; or for Customer’s failure to pay any outstanding charges due. In the event that Radformation terminates your participation in the Support Policy, Radformation may provide you with a prorated refund of any fees that you paid for Support Policy eligibility, at its sole discretion.

No Guaranty of Success

Radformation will make commercially reasonable efforts to favorably resolve all requests made for assistance with ClearCheck made pursuant to this Support Policy. Radformation cannot, and does not, guaranty that it will succeed in resolving any particular request for support.

Disclaimer of Unstated Warranty

THIS DOCUMENT IS NOT A WARRANTY. UNLESS CUSTOMER HAS PURCHASED ADDITIONAL WARRANTY COVERAGE FROM RADFORMATION, THE WARRANTY PRINTED IN THE MASTER LICENSE AGREEMENT IS THE ONLY WARRANTY APPLICABLE TO THE CLEARCHECK SOFTWARE. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE DISCLAIMED.

Limitations and Exclusions

THE MASTER LICENSE AGREEMENT SETS FORTH AND LIMITS RADFORMATION’S MAXIMUM LIABILITY FOR ITS PRODUCT. NOTHING HEREIN SHALL EXTEND, MODIFY, OR INCREASE SUCH LIMITED LIABILITY.

Force Majeure

Radformation shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.