End User License Agreement

Last updated: August 2026

BETA SOFTWARE - LIVE DEVELOPMENT

NOTICE TO USERS: This End User License Agreement ("Agreement") is a legally binding contract between you and OrionPACS (the "Company," "we," "us," or "our") governing your access to and use of the OrionPACS platform and all related services, tools, documentation, and support materials (collectively, the "Service").

IMPORTANT: Please read this Agreement carefully before accessing or using the Service. By accessing, downloading, installing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth herein. If you do not agree to these terms, do not access or use the Service.

1. DEFINITIONS

"Beta Software" or "Service" means the OrionPACS platform, including all versions, updates, enhancements, modules, plug-ins, documentation, data, and support services made available to Licensee during this beta testing phase.

"Licensee" or "User" means any individual or entity that has been granted access to the Service by the Company.

"Patient Data" means any patient medical records, imaging studies, reports, identifiers, or related healthcare information accessible through the Service.

"Diagnostic Use" means the clinical interpretation and use of medical imaging or healthcare data for diagnosis, treatment planning, or clinical decision- making.

"Review Use" means the viewing, retrieval, and examination of patient data for purposes of personal patient records, continuity of care, research oversight, or administrative review only - not for primary diagnostic interpretation.

2. LICENSE GRANT

Subject to your full compliance with this Agreement and all applicable laws, the Company grants you a limited, non-exclusive, non-transferable, non- sublicensable, revocable license to access and use the Service solely for Review Use purposes as defined herein.

This license is personal to you and may not be assigned, shared, delegated, or transferred to any third party without the Company's prior written consent. Unauthorized transfer or sharing of access credentials or login information constitutes a material breach of this Agreement.

3. BETA SOFTWARE STATUS AND DEVELOPMENT PHASE

ACKNOWLEDGMENT OF BETA STATUS: You acknowledge and agree that:

• (a) The Service is currently in active beta development and undergoing live testing. A final, production-ready version of the Service has not yet been released and remains under active development. (b) The Service may contain bugs, errors, defects, incompatibilities, inaccuracies, and other problems that could result in data loss, system failures, security vulnerabilities, or unexpected behavior. (c) The beta nature of the Service means that features, functionality, user interfaces, data structures, and underlying technology may change substantially and without notice at any time during development. (d) You are participating in a live development program and acknowledge the inherent risks associated with using pre-release software in a healthcare environment. (e) Data integrity, availability, security, and performance of the Service are not guaranteed, and the Company reserves the right to modify, suspend, or terminate the Service or any of its features with or without notice.

NO WARRANTY ON PRODUCTION-READINESS: You acknowledge that the Service is NOT approved, cleared, or certified as a final, production-grade medical record system. A final, commercially released version of OrionPACS remains under development. Your use of the beta Service does not constitute reliance on a finished product.

4. PERMITTED USE - REVIEW USE ONLY; PROHIBITION ON DIAGNOSTIC USE

REVIEW USE ONLY: You may use the Service solely for Review Use as defined in Section 1. Permitted Review Uses include:

• Personal patient record access and continuity of care support
• Administrative and operational review of patient imaging data
• Quality assurance, research oversight, and academic purposes (non- clinical)
• Case review and peer consultation (for informational purposes only, not clinical decision-making)

PROHIBITION ON DIAGNOSTIC USE: You expressly agree that you will NOT use the Service for:

• Primary clinical diagnosis or diagnostic interpretation of medical imaging studies
• Clinical decision-making, treatment planning, or clinical guidance
• Any use that would constitute the rendering of medical or clinical opinions
• Any use for which regulatory approval, certification, or clearance would be required

RESPONSIBILITY FOR CLINICAL USE: You acknowledge that if Patient Data from the Service is used in any clinical or diagnostic context, the responsibility for the accuracy, safety, and regulatory compliance of that use rests solely with the clinician, healthcare provider, or institution making that decision. The Company is not responsible for clinical determinations made by users.

5. GEOGRAPHIC RESTRICTION - UNITED STATES ONLY

The Service and all access to Patient Data through the Service are strictly limited to use by Licensees physically located in and accessing the Service from the United States of America only.

You represent and warrant that:

• You are physically located in the United States when accessing the Service
• You will not access or attempt to access the Service from any location outside the United States
• You will not use VPNs, proxy servers, geomask tools, or other technologies to circumvent geographic restrictions
• You will not facilitate access to the Service by any party located outside the United States

The Company reserves the right to monitor IP address logs, access patterns, and geographic metadata to enforce this restriction. Violation of the geographic restriction is a material breach of this Agreement and will result in immediate termination of access.

6. LAW ENFORCEMENT COOPERATION

FULL COOPERATION WITH LAW ENFORCEMENT: The Company is committed to cooperating fully with all duly authorized law enforcement agencies, government authorities, and legal processes. You acknowledge and consent to the following:

• The Company will comply with all valid subpoenas, court orders, warrants, and legal demands for information, including Patient Data, user access records, audit logs, and metadata.
• The Company may disclose any and all information in its possession, including Patient Data and user credentials, to law enforcement without prior notice to Licensee when required or authorized by law.
• The Company will not challenge the validity or scope of legal demands unless prohibited by law, and will comply with confidentiality or non- disclosure orders as directed by the requesting authority.
• Licensees waive any expectation of privacy regarding data stored on or transmitted through the Service in connection with legal demands from law enforcement or government authorities.

LIMITATION OF LIABILITY: The Company shall have no liability to Licensees for disclosure of information to law enforcement or government authorities pursuant to valid legal process, even if such disclosure violates this Agreement or applicable privacy laws.

7. RESTRICTIONS AND PROHIBITIONS

Without limiting the foregoing, you agree NOT to:

• Share, sell, distribute, or redistribute Patient Data or access to the Service to any third party
• Use the Service for any unlawful purpose or in violation of any federal, state, or local law
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the underlying code or architecture of the Service
• Use the Service in a manner that interferes with or disrupts the Service or the experience of other users
• Attempt unauthorized access, hacking, or security breaches of the Service
• Extract, scrape, or bulk-download Patient Data or metadata
• Share credentials, login information, or session tokens with unauthorized parties
• Violate the privacy rights, intellectual property rights, or other rights of any third party

8. PATIENT DATA, PRIVACY, AND CONFIDENTIALITY

PATIENT DATA OWNERSHIP: The Company acknowledges that Patient Data is owned by, and the property of, the respective patients or the healthcare providers responsible for such data. The Company is a custodian of such data only and grants you access for Review Use purposes only.

DATA SECURITY RISKS IN BETA: You acknowledge that the Service is in beta development and security controls may not be fully mature. You assume all risks associated with storage, transmission, and processing of Patient Data on beta infrastructure, including the risk of unauthorized disclosure, loss, corruption, or breach.

HIPAA AND REGULATORY COMPLIANCE: The Company will make commercially reasonable efforts to comply with applicable healthcare privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and state privacy laws. However, given the beta nature of the Service, compliance mechanisms may be incomplete or untested. You acknowledge and accept this risk.

YOUR RESPONSIBILITIES: As a Licensee with access to Patient Data, you are responsible for:

• Maintaining the confidentiality of all Patient Data in your possession
• Protecting your login credentials and ensuring they are not shared with unauthorized parties
• Reporting any suspected security breaches, unauthorized access, or data compromises to the Company immediately
• Complying with all applicable privacy laws, including HIPAA and state privacy statutes

9. DISCLAIMER OF WARRANTIES

DISCLAIMER: THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING:

• Any warranty of merchantability, fitness for a particular purpose, or non- infringement
• Any warranty that the Service will be error-free, uninterrupted, secure, or meet your expectations
• Any warranty that Patient Data will be accurate, complete, or timely
• Any warranty regarding the clinical validity, diagnostic accuracy, or medical safety of the Service
• Any warranty that the Service will remain available or that features will not be discontinued

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR:

• Any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, lost revenue, or lost business opportunity
• Any damages arising from the unavailability, interruption, or suspension of the Service
• Any damages arising from unauthorized access, data breaches, or security compromises
• Any medical, clinical, or patient harm arising from use of the Service or Patient Data
• Any damages arising from your use or inability to use the Service, even if advised of the possibility of such damages

TOTAL LIABILITY CAP: Except for your indemnification obligations or breach of confidentiality provisions, the Company's total liability arising out of this Agreement shall not exceed the amount paid by you for access to the Service in the twelve (12) months preceding the claim, or if no payment was made, zero dollars ($0).

11. ASSUMPTION OF RISK

You acknowledge and assume all risks associated with accessing and using the Service, including but not limited to:

• Risks of data loss, corruption, or unavailability due to the beta nature of the Service
• Risks of security vulnerabilities, breaches, or unauthorized access to Patient Data
• Risks of system failures, incompatibilities, or unexpected behavior
• Risks of inaccurate or outdated Patient Data
• Risks arising from clinical reliance on the Service or Patient Data accessed through it

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and suppliers from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your breach of this Agreement
• Your use or misuse of the Service
• Your violation of any applicable law or regulation
• Your infringement or violation of any third-party rights
• Your clinical use of Patient Data accessed through the Service

13. TERM AND TERMINATION

TERM: This Agreement commences upon your initial access to the Service and continues until terminated by either party.

TERMINATION BY COMPANY: The Company may terminate this Agreement and your access to the Service at any time, with or without cause, with or without notice. Upon termination, all rights granted to you terminate immediately.

TERMINATION BY YOU: You may terminate this Agreement by ceasing all use of the Service. Termination does not relieve you of obligations incurred prior to termination.

EFFECTS OF TERMINATION: Upon termination, your access to the Service will be revoked. The Company may retain, archive, or delete Patient Data and other information in its sole discretion. Sections that by their nature are intended to survive termination (including but not limited to Sections 6, 9, 10, 11, 12, 14, and 15) shall continue in effect.

14. DATA RETENTION AND DELETION UPON TERMINATION

Upon termination of this Agreement or your access to the Service:

• The Company may, in its sole discretion, retain, archive, or permanently delete all Patient Data, access records, audit logs, and other information associated with your account.
• The Company will make no guarantee regarding preservation of Patient Data following termination.
• You are responsible for obtaining and maintaining your own backup or archival copies of any Patient Data needed for clinical purposes.
• The Company will retain audit logs and metadata as required by law or for regulatory compliance purposes.

15. GOVERNING LAW AND DISPUTE RESOLUTION

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

JURISDICTION: You agree to submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, for resolution of any disputes arising from this Agreement or the Service.

WAIVER OF JURY TRIAL: To the fullest extent permitted by law, you waive any right to a jury trial in connection with any claims arising from this Agreement or the Service.

16. ENTIRE AGREEMENT

This Agreement, including all exhibits and referenced documents, constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior agreements, understandings, negotiations, and discussions. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

17. MODIFICATIONS TO THIS AGREEMENT

The Company reserves the right to modify this Agreement at any time. Continued use of the Service after modification constitutes your acceptance of the modified terms. It is your responsibility to review this Agreement periodically for changes.

18. ACKNOWLEDGMENTS AND REPRESENTATIONS

By accessing and using the Service, you represent and warrant that:

• You have the legal capacity to enter into this Agreement
• You understand and accept the beta nature of the Service and all risks therein
• You will use the Service only for Review Use purposes and not for clinical diagnosis or diagnostic interpretation
• You are physically located in the United States and will access the Service only from within the United States
• You have the authorization to access Patient Data on the Service
• You will comply with all applicable laws, regulations, and this Agreement

19. NOTICES

Any notice required under this Agreement shall be provided to the Company at the contact information below. The Company will provide notice to you via the email address associated with your account or by posting notice on the Service.

OrionPACS

Contact: legal@orionpacs.io

This End User License Agreement is a binding legal contract. If you do not understand any provision or if you do not agree to all terms, do not use the Service.