The CARA system is intended to help qualified healthcare professionals with the analysis of the human retina. When using CARA, the user must be aware of the following:
- CARA complies with local regulations, is FDA cleared for commercialization in the United States of America, is Health Canada licensed for commercialization in Canada and is CE marking compliant in Europe;
- CARA is not intended to diagnose, treat, cure, or prevent diabetic retinopathy or any other disease;
- CARA is to be used as an ancillary tool by qualified eye care professionals;
- DIAGNOS makes no claims as to the effectiveness of CARA to treat or prevent any medical condition;
- CARA is designed to be used with images from a fundus camera, complies with local regulations, is FDA cleared for commercialization in the United States of America, is Health Canada licensed for commercialization in Canada and is CE marking compliant in Europe;
- it is up to the user to assure that the fundus camera is well maintained and is free of dust or other particles or reflections in the image that may appear as artefacts on a retinal image, and might cause any potential misinterpretation of such image; and
- it is up to the user to assure that CARA and any other software used to visualize retinal images is used in an appropriate viewing environment, e.g. optimal lighting and free of distraction, so that details in the image may be appropriately viewed.
In the event that any services furnished by DIAGNOS are incomplete or materially deficient, or in the event DIAGNOS temporarily fails to provide the Services (collectively a “Defect”), DIAGNOS may either correct the Defect, without charge to the Client, or effect an equitable reduction of the price paid or payable for the services to which such Defect relates, provided that DIAGNOS has received written notice of the Defect from the Client within 30 days from the date on which the Client became aware of, or should have become aware of, such Defect. Force majeure.
A party is not liable for failure to perform the party’s obligations if such failure is a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement under the Termination Clause in such circumstances. Limitation of Liability.
Neither of DIAGNOS ’ directors, officers, employees, agents, contractors, subcontractors or affiliates shall have any liability whatsoever hereunder for any indirect, consequential, exemplary, incidental or punitive damages, even if such parties have been advised of the possibility of such damages.