AVI MedTech

BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, OR BY ACCEPTING OUR SOFTWARE USAGE AGREEMENT POLICY, YOU (WHETHER AN INDIVIDUAL WITH LEGAL CAPACITY OR A LEGAL ENTITY) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION CONSTITUTES YOUR ACCEPTANCE AND SHALL BE DEEMED TO BE A LEGALLY BINDING SIGNATURE.

THIS AGREEMENT, ONCE ACCEPTED BY YOU — EITHER AS AN INDIVIDUAL OR ON BEHALF OF A LEGAL ENTITY — SHALL CONSTITUTE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND AVI MEDTECH, REGISTERED IN DELHI, INDIA

YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO USE THE SOFTWARE FOR YOUR OWN INTERNAL PURPOSES, STRICTLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, WHICH MAY BE MODIFIED FROM TIME TO TIME BY AVI MEDTECH.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, ACCESS, OR USE THIS SOFTWARE. IF YOU HAVE ALREADY OBTAINED THE SOFTWARE AND DO NOT ACCEPT THE TERMS, IMMEDIATELY DELETE ALL COPIES IN YOUR POSSESSION.

In consideration of the payment of the applicable license fee, as evidenced by the corresponding payment receipt, AVI Medtech grants you a non-exclusive, non-transferable, and limited right to use the software solely for your internal business purposes.

All rights not expressly granted herein are reserved by AVI MedTech, which retains full ownership, title, intellectual property rights, and proprietary rights in and to the software, including any subsequent copies in any form or media.

This software, along with any accompanying documentation or materials, is the exclusive property of AVI Medtech and is protected by copyright and other applicable laws. Copying, modifying, distributing, or reverse engineering the software or its documentation is strictly prohibited.

The license fees paid to AVI Medtech grant you only the limited right to use the software. They do not confer ownership or any resale rights. Any additional modules, updates, or enhancements may be provided free of charge at AVI MedTech’s sole discretion.

Use of any third-party software components or supporting applications integrated with or used alongside the AVI Medtech software is subject to your acceptance of the respective third-party terms and conditions.

Definitions

“Distributors” refers to the authorized distributors, resellers, or sub-distributors of AVI MedTech, including those selling AVI MedTech’s products through online platforms or direct channels.

“License Period” means the duration for which the software license is granted to you under the terms of this Agreement, as specified in your invoice, license key, or contract.

“Device” means the hardware (such as computers, tablets, servers, smartphones, or any other electronic systems) on which the AVI Medtech software is designed to be installed and/or used, in accordance with system requirements described in the User Manual or on our official website www.avimedtech.com.

“Normal Working Hours” shall mean 09:30 AM to 5:30 PM Indian Standard Time (IST), Monday to Saturday, excluding national public and bank holidays in India.

“Support” refers to technical assistance provided by AVI Medtech to help you with the installation, configuration, or usage of the software. Support may be free or chargeable, depending on your service plan. For more details, refer to www.avimedtech.com.

“Updates” means patches, fixes, or incremental improvements to the software, which may include corrections, security enhancements, and new feature additions.

“Upgrades” means major software enhancements or full version releases that may include new features or modules, typically provided on an annual or subscription basis, as determined by AVI MedTech.

“User Manual” includes any product documentation, help guides, FAQs, or digital resources provided by AVI MedTech—either bundled with the software or available via www.avimedtech.com.

“You” / “End User” Definition

“You” refers to the End User, which includes:

An individual who installs, uses, or legally acquires the right to use the AVI Medtech software on their own behalf, and any other person (whether authorized or not) who uses or has access to the device on which the software is installed and activated.

An organization (including but not limited to a hospital, clinic, diagnostic center, medical institution, partnership firm, LLP, private/public company, government health department, trust, or NGO) that is authorized to install, use, or operate the software. The organization may designate users who act on its behalf, and it is responsible for all usage under its license.

3. Permitted & Restricted Uses (Do’s & Don’ts)

✅   You MAY:

Create one backup copy of the software solely for recovery or archival purposes. Such backup must be destroyed if your license is terminated or expires, in accordance with applicable laws in your jurisdiction.

Install and use one licensed copy of the software on a single device. For multi-user or institutional licenses, you may use the software only on the number of devices authorized under your license agreement.

Install the software on a network only if you hold a valid, individual license for each computer or device that accesses the software over the network.

❌   You MAY NOT:

Emulate, adapt, or replicate any part of the AVI Medtech software.

Sublicense, lease, rent, or distribute any part of the software to any third party.

Attempt to view, extract, or access the source code or underlying architecture of the software.

Decompile, disassemble, debug, translate, modify, or reverse-engineer any portion of the software.

Create derivative works based on the software without prior written permission from AVI MedTech, except where non-waivable rights are granted under local law.

Remove, obscure, or alter any copyright, trademark, confidentiality, or proprietary notices within the software or its documentation.

Attempt to render any encrypted or compiled part of the software into a human-readable format.

Use the software to build or support systems that block, bypass, or replicate AVI Medtech functionalities.

Use the software for any illegal, unlicensed, or unauthorized purpose — especially involving patient data misuse, unethical medical practices, or breach of regulatory compliance.

Activation

AVI Medtech informs you that during the installation process, certain third-party software or drivers that are incompatible with AVI Medtech software may be automatically disabled. AVI Medtech expressly disclaims any liability for loss of data, software conflicts, or business disruption, including any loss of patient data or revenue, during or after installation.

If you modify your device, upgrade your operating system, or alter other third-party software, you may need to reinstall or reactivate AVI Medtech software and/or license key. In such cases, you may be required to contact AVI Medtech Support.

The license rights under this Agreement are provisional for the first twenty (20) days from the date of installation. Activation by providing complete registration information as prompted by the Activation Wizard is mandatory to continue use beyond this trial period.

Reinstallation due to system changes, crashes, or hardware upgrades may require reactivation. AVI Medtech uses industry-standard anti-piracy mechanisms to detect and prevent unauthorized use. You expressly agree to such mechanisms and grant AVI Medtech the right to validate license authenticity at any time.

License Terms & Conditions

You are authorized to use AVI Medtech software strictly from the date of purchase until the end of the license period as specified in your payment receipt or licensing agreement.

During the active license period, you are entitled to receive:

Software updates (e.g., feature improvements, bug fixes).

Technical support via email, phone, or remote access — during standard working hours (Mon–Sat, 9:30 a.m. to 6:30 p.m. IST).

Unauthorized usage or violation of any term in this Agreement will result in immediate and automatic termination of your license. This includes:

Use beyond licensed scope (e.g., unauthorized device installations).

Any form of tampering, reverse-engineering, or license circumvention.

Upon breach, AVI Medtech reserves the right to:

Revoke access or disable your license key immediately without prior notice.

Initiate legal proceedings under applicable civil and/or criminal laws.

No refund will be issued in cases of violation.

General Disclaimers

By installing and using AVI Medtech software, you agree, accept, and acknowledge the following:

You are solely responsible for configuring the software settings and managing its use. AVI Medtech assumes no liability for any actions or consequences arising from your configurations, whether due to error, misuse, or oversight. The clause on Indemnification shall apply in such cases.

AVI Medtech is not liable for any loss, corruption, or deletion of data, including personal, sensitive, or confidential medical data. This includes, but is not limited to:

Uninstallation of third-party applications.

Changes in system or software settings.

Actions or inactions, intentional or unintentional, by you or any third party you authorize to use or access the device on which the software is installed.

Certain features of AVI Medtech software, such as updates, may be provided free of cost. However, upgrades, additional modules, or premium add-on services may require a separate payment. You acknowledge that during installation, update, or upgrade processes, data loss or system disruptions may occur. AVI Medtech expressly disclaims any responsibility for direct, indirect, or incidental expenses arising from such scenarios.

You are solely responsible for ensuring that the software is used in full compliance with all applicable local, national, and international laws, including (but not limited to) laws relating to:

Medical data and patient confidentiality.

Data protection and cybersecurity.

Obscenity, intellectual property, copyright, and privacy.

AVI Medtech assumes no liability for any misuse of reports, clinical data, or diagnostic information generated by the software.

Support

AVI Medtech offers both free and paid technical support to assist users in effectively operating the software. Support channels may include telephonic assistance, live chat, and—in some cases—remote access to your system, granted strictly at your discretion.

Important: Before availing any technical support, you are solely responsible for taking a complete backup of your data, software, and programs. AVI Medtech shall not be held liable for any loss of data, direct or indirect damage, or any consequential loss to property arising during or as a result of support services.

Should the AVI Medtech technical support team determine that the issue lies beyond the scope of standard support, AVI Medtech reserves the right to suspend, limit, or deny further assistance. No warranty or guarantee is implied regarding the success or completeness of support services.

Email & Electronic Communication

By activating and registering your software, you authorize AVI Medtech to communicate with you via the contact information (e.g., email or phone number) provided during the registration process.

These communications may include, but are not limited to:

License renewal reminders

Product updates or upgrades

Software verification or authentication notices

AVI Medtech respects your privacy and will use your information only in accordance with applicable data protection and privacy laws.

Updates & Upgrades

As a licensed user, you are entitled to receive software updates and version upgrades free of cost during the active license period. These include minor enhancements, security patches, and bug fixes.

However, feature add-ons, major enhancements, or additional modules may be offered as paid upgrades, subject to the terms and conditions of this agreement and any additional agreement related to such purchases.

Data Privacy

AVI Medtech respects your privacy and is committed to safeguarding your personal information. During the course of using the software, AVI Medtech may collect certain technical or statistical data, which may or may not include personally identifiable information. This information is gathered either with or without user consent, strictly for the purpose of:

Enhancing software performance

Evaluating product effectiveness

Improving user experience

Delivering better technical support

Note: Any passwords entered by users during the registration process are not stored on AVI MedTech’s servers or databases, ensuring an additional layer of user data protection.

AVI Medtech ensures all data collected is handled in compliance with applicable data protection laws and industry standards, and shall not be used for commercial purposes without explicit user consent.

Indemnification

You expressly acknowledge, understand, and agree that in no event shall AVI MedTech—including its directors, employees, agents, partners, or distributors—be held liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to:

Loss of business or profits

Loss of confidential data or information

Business interruption or downtime

Violation of statutory obligations

Loss of goodwill or reputation

Any other commercial or personal damage or loss

This applies even if AVI Medtech has been advised of the possibility of such damages.

Situations covered under this clause include, but are not limited to:

Use or misuse of the software;

Inability to use or access the software or support services;

Disputes with third parties in connection with the software;

Violation of third-party rights;

Breach of this agreement by the user;

Violation of applicable Indian or international laws by the user;

Failure or delay in service or support by AVI MedTech.

Furthermore, in the event that AVI Medtech or any of its affiliates are found liable, the total liability shall be limited to the actual license fee paid by you to AVI Medtech or its authorized distributors/agents for the software.

This clause will remain in effect even after termination of this Agreement.

11. Limited Warranty and Disclaimers

 Performance Warranty:

AVI Medtech provides its software “as is” and “as available”, without any express or implied warranties. This includes, but is not limited to, warranties of:

Merchantability,

Fitness for a particular purpose,

Accuracy or reliability,

Compatibility with third-party systems,

Or uninterrupted and error-free operation.

While AVI Medtech ensures that its software generally functions as described in the user manual and documentation, it does not guarantee that:

The software will meet every individual or organizational requirement,

It will always function without interruption or error,

Any bugs or issues will be resolved through updates or technical support,

Or that upgrades will enhance all existing features.

AVI Medtech disclaims any responsibility for performance failures or data issues arising from the following:

Incompatibility with your system’s software, hardware, or other configurations.

Unauthorized changes, misuse, or third-party interference.

Issues resulting from improper installation, user error, or external damages such as power outages, viruses, or malware.

Device-level problems or deficiencies unrelated to AVI MedTech’s software.

Failure to follow the guidelines and terms outlined in the user manual or this agreement.

Any limitation in support availability or inability to fulfill specific technical support needs.

Third-Party Website Links:

The software may contain links to third-party websites. These links are provided for your convenience only. AVI Medtech does not control or endorse the content or services of such sites and assumes no responsibility for:

The accuracy, reliability, or security of external content,

Any damage, loss, or risk resulting from accessing or using these third-party websites.

Accessing and using third-party websites is done at your own risk.

12. Intellectual Property

All rights, ownership, and interest in the software, including but not limited to the source code, activation keys, license keys, documentation, design, structure, interfaces, content, systems, processes, and branding (including logos and trademarks), are the exclusive intellectual property of AVI MedTech. These are protected under applicable Intellectual Property Laws in India and internationally.

This Agreement does not grant you any ownership or intellectual property rights over the software or any of its components. You are provided a limited, non-exclusive, non-transferable license to use the software strictly in accordance with the terms of this EULA.

 Open-Source and Third-Party Components:

AVI Medtech software may include certain third-party libraries or open-source components, which are used under their respective licenses.

Ownership of these third-party tools or libraries shall remain with their respective copyright holders.

You agree to comply with the license terms applicable to any third-party software included or used within AVI MedTech’s solution.

In all cases, the disclaimers and limitations of liability stated in this EULA apply to such third-party components as well.

Where applicable, third-party licensors may also be considered intended third-party beneficiaries of this Agreement.

13. General

• Force Majeure

AVI Medtech shall not be held liable for any failure or delay in the performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, labor disputes, natural disasters, power or internet outages, or changes in laws or regulations. AVI Medtech will make reasonable efforts to resume performance as soon as practicable after the cessation of such events.

• Legal Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes or legal matters arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in Delhi, India. If a dispute cannot be resolved through direct negotiation within 30 days, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English and held in Delhi, India. The decision of the arbitrator(s) shall be final and binding. These provisions shall survive the termination or expiry of this Agreement.

• Complete Agreement

This Agreement constitutes the entire agreement between you and AVI Medtech with respect to the Software and supersedes all prior or contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral. Updates to this Agreement may be made by AVI Medtech from time to time and will be published at www.avimedtech.com/eula. You agree that the most recent version displayed on the website shall be binding upon you. In case of any conflict arising from translated versions, the English version shall prevail.

• Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be severed from this Agreement, and the remainder shall continue in full force and effect.

• Survival

Clauses including but not limited to License Fees, Indemnification, Limited Warranties & Disclaimers, and Intellectual Property shall survive the termination or expiration of this Agreement.

• Assignment & Waiver

You may not assign your rights or delegate your obligations under this Agreement without prior written consent from AVI MedTech. A failure by AVI Medtech to enforce any part of this Agreement shall not be deemed a waiver of any future enforcement of that or any other provision.

• Headings

Section titles and headings are included for convenience only and shall not affect the meaning or interpretation of any clause in this Agreement.

• Modifications to this Agreement

AVI Medtech reserves the right to modify this End-User License Agreement at any time. Updates will be posted on www.avimedtech.com/eula, and continued use of the software after changes are posted constitutes your acceptance of the revised terms.

• Legal Cooperation

AVI Medtech reserves the right to cooperate with legal authorities and may provide documents or information relating to your usage of the software and/or device in compliance with applicable law.

Third-Party Licenses

The software provided by AVI Medtech may incorporate components, libraries, or modules that are developed and owned by third parties. These components are subject to license agreements between AVI Medtech and the respective third-party providers. By using AVI MedTech’s software, you agree to comply with the terms and conditions of such third-party licenses where applicable. Any additional restrictions or obligations arising out of open-source or proprietary third-party software licenses, even if not expressly mentioned in this EULA, will still be binding upon the user.

Open Source Software (OSS) Licenses

The software provided by AVI Medtech may include certain open source software (OSS) components that are governed by their respective OSS licenses. These components are used in accordance with applicable open source terms and do not affect the proprietary nature of AVI MedTech’s software.

• Use of OSS components does not grant the end user any rights to access, modify, or obtain the source code of AVI MedTech’s proprietary software.
• AVI Medtech strictly does not provide any part of its proprietary source code, including that of integrated OSS components, to any user or buyer under any circumstances.
• OSS components may be governed by licenses such as MIT, Apache, GNU General Public License (GPL), GNU Lesser General Public License (LGPL), and others, but any such usage is limited to internal integration and does not imply access or redistribution rights to users.
• Users agree to comply with the license terms of any included OSS, while acknowledging that the overall software remains the sole intellectual property of AVI MedTech.

Medical Recommendations Disclaimer:

The software provided by AVI Medtech is designed solely for administrative and management purposes. It does not recommend any medications or medical treatments. Users are strongly advised to consult qualified healthcare professionals for medical advice.

17. Reference Purpose of Medical Data:

All medicinal data within the software is provided strictly for reference purposes. While efforts are made to ensure the accuracy of this information, users should verify any medication details with appropriate medical authorities.

18. Database Medicine Disclaimer:

The software does not endorse or recommend any specific database of medicines. Users must exercise discretion and consult with healthcare professionals regarding the use of any medications listed in the software.

19. Responsibility Limitation:

AVI Medtech shall not be held liable for any inaccuracies or omissions in the pre-saved database, including but not limited to medicine names, salt compositions, dosages, or any other medical data provided. Users assume full responsibility for the use of this information.

20. No Liability for Health Outcomes:

AVI Medtech disclaims any liability for health outcomes resulting from the use of the software. Users agree that any reliance on the information provided is at their own risk.

21. Software Updates and Accuracy:

While AVI Medtech strives to keep the software updated, there is no guarantee that the medicinal data will always be current or accurate. Users are encouraged to regularly consult relevant healthcare resources for the most up-to-date information.

22. User Responsibility:

Users acknowledge their responsibility to seek professional medical advice before making any decisions based on the information provided by the software. AVI Medtech is not liable for any adverse effects or consequences arising from the use of the software.

23. PNDT Compliance:

 PNDT compliance features are included to assist users in fulfilling regulatory requirements; however, it is solely the user’s responsibility to ensure full legal compliance. AVI Medtech does not guarantee automatic legal adherence or liability protection.

24. No Access Post-Installation – Billing Edits or Fraud:

After installation and activation, AVI Medtech does not retain any access to your billing system, patient data, or internal administrative controls. Any post-installation modifications, including billing edits, unauthorized changes, or fraudulent activities, etc. are the sole responsibility of the user and/or the designated system administrator. AVI Medtech disclaims any liability arising from such actions.

 Acceptance of Terms: 

By proceeding to use the software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this End User License Agreement (EULA). If you do not agree to these terms, you are not authorized to access or use the software.