- Software: Applications produced by BAGMO PVT LTD for the Blood Bank traceability system, including donor information, test modules, patient issue details, digital records, etc. The Software is a web-based application.
- License Fee: The fee paid by the Customer for the use of the Software.
- Customer: The individual or entity responsible for remittance of the Application usage Fee to BAGMO PVT LTD and compliance with this Agreement.
- Authorized User: Anyone at a Site whom the Customer has authorized to use the Software and is responsible for compliance with this Agreement.
- Web-Based Applications: The Software hosted on Customer servers or a cloud server licensed by BAGMO PVT LTD.
Grant of License
The Software is a proprietary product of BAGMO PVT LTD. It is licensed, not sold, and is licensed only on the condition that the Customer agrees to the terms and conditions of this Agreement. In consideration of and upon receipt of payment of a license Subscription Fee by Customer, BAGMO PVT LTD grants to Customer a non-exclusive, non-transferable license to use the Software/Application and any associated manuals and/or documentation under the terms and conditions of this Agreement.
Conditions
- Installation Limitations: The license for the use of a Web-Based Application version of the Software must be registered to a particular Blood Bank/Hospital and may only be used by Authorized Users primarily working in such Blood Bank/Hospital.
- Hosting: Utilizing a hosting service does not relieve Customer of any of its obligations under this Agreement, unless specifically agreed to in writing by BAGMO PVT LTD. Installing, uploading, or otherwise using the Software to a server with remote access, including the Internet, will require a separate License for each Site accessing the Software. BAGMO PVT LTD reserves the right to audit and approve any third-party hosting service for compliance with this Agreement.
- Non-disclosure: Confidential Information shall mean any non-public information that the Customer and/or BAGMO PVT LTD specifically marks and designates, either orally or in writing, as confidential or which, under the circumstances surrounding the disclosure, ought to be treated as confidential or which the Customer and/or BAGMO PVT LTD creates or produces in the course of performing services for the Customer.
- Updates: BAGMO PVT LTD may notify Customer of any enhancements or updates released by BAGMO PVT LTD for the Software licensed hereunder. Only registered customers will be offered any such updates. These updates will be provided at no extra charge to the Customer.
- Intellectual Property Ownership: The Software and various trademarks, service marks, and trade names (“Intellectual Property”) are the sole and exclusive property of BAGMO PVT LTD and may be protected by copyright, trade secret, and other intellectual property laws. Any use of BAGMO PVT LTD’s Intellectual Property without BAGMO PVT LTD’s express written consent is prohibited.
Customer Responsibilities
- Customer agrees not to utilize the Software or any of BAGMO PVT LTD’s services for any illegal or fraudulent purpose.
- Customer is solely responsible for the backup and retention of all data for web-based applications installed on the client server.
- The Customer shall be responsible for acquiring and maintaining an information technology infrastructure with sufficient capabilities to operate the Software and comply with all provisions of this Agreement.
Application
Web-Based Applications are subject to ALL TERMS of this Agreement, including Site license restrictions, and may be subject to additional terms of use and service. Customers who utilize the Web-Based Applications are also subject to the following conditions:
- The Customer acknowledges and accepts the terms and conditions of this Agreement by using Web-Based Applications.
- Customer agrees not to provide access to the Web-Based Applications to any party other than those authorized to use the Web-Based Applications under the Customer’s Online Account. The Customer will take reasonable precautions to safeguard Customer’s password(s) and keep it confidential. Customer agrees to use Web-Based Applications only for lawful purposes. Customer is responsible for providing, at their expense, all necessary connections and equipment needed to access the Web-Based Applications. Customer must maintain the confidentiality of all assigned user names and IDs for the Web-Based Applications, and Customer is responsible for all charges incurred under those user names and IDs, unless otherwise provided under these terms.
- The availability of the Web-Based Applications may be subject to interruption and delay due to causes beyond BAGMO PVT LTD’s reasonable control.
Service of the Equipment
Maintenance and Support
In addition to any general obligations we have under this Agreement, we will:
- (a) install the Blood monitor Equipment at the premises specified;
- (b) provide the Support Services detailed, including initial training to the Customer’s nominated staff on how to use the Blood monitor Equipment at the time of installation;
- (c) provide maintenance services as detailed.
General Obligations
At all times during the Term of this Agreement the Customer must:
- (a) provide the company with access to the Customer’s premises to install and service the Blood monitor Equipment including – power slot, adequate Wi-Fi / GSM connection availability;
- (b) keep the Blood monitor Equipment in good working order and condition;
- (c) only use the Blood monitor Equipment in its business operation and for the purpose for which the Blood monitor Equipment was designed;
- (d) provide (at the Customer’s own expense) adequate supervision, management, and control of the use of the Blood monitor Equipment including ensuring that employees are adequately trained in the use and operation of the Blood monitor Equipment;
- (e) comply at the Customer’s own cost with any laws relating to the use, operation, maintenance, and possession of the Blood monitor Equipment, including obtaining any necessary licenses, permits, or registration; and
- (f) use the Blood monitor Equipment in accordance with any instructions on use supplied by the company or the manufacturer.
Service of Blood Monitor Equipment
The Customer must allow the company to provide the maintenance and support services specified in the Specifications, and the Customer must not in any way change or service the Blood monitor Equipment without our prior written consent.
Warranty Period
12-month period commencing upon the Effective Date.
Access
If access to the Blood monitor Equipment is required for any purpose by the company (including to ensure that the Customer is complying with the Customer’s obligations under this Agreement or to exercise any of our rights), the Customer will allow (and where necessary procure approval for) the company and our employees, agents, and representatives reasonable access to the Blood monitor Equipment and the premises where the Blood monitor Equipment is located, any related equipment, or peripherals as may be necessary, for the company to repossess, diagnose, service and repair the Blood monitor Equipment, or otherwise provide the services covered by this Agreement.
Limitation of Liability for Maintenance Services
To the full extent permitted at law, we are not liable or responsible to the Customer for any damage, loss, cost, or expense incurred by the Customer or a third party caused by:
- (a) malfunctioning of the Blood monitor Equipment, except to the extent caused or contributed by the company due to the willful or negligent act or omission from the part of our employees, agents, and representatives;
- (b) interference with the Blood monitor Equipment by the Customer or the Customer’s employees, servants, agents, or a third party;
- (c) misuse or intentional damage to the Blood monitor Equipment by the Customer or the Customer’s employees, servants, agents, or a third party;
- (d) circumstances beyond our control; or
- (e) any changes to the Blood monitor Equipment or modification by a third party.
Additional Service Charges
If the Customer requires the company to do any service or repairs to the Blood monitor Equipment as a result of any of the matters referred to, the Customer agrees to pay for such services and work at our charge rates applicable at the time.
Exclusion of Conditions and Warranties
The Customer acknowledges and agrees that:
- (a) this Agreement contains all the terms and conditions of this Agreement of whatever nature; and
- (b) all other express or implied terms, conditions, or warranties are excluded except to the extent any warranty or condition cannot be excluded by law.
Term
This agreement begins on the Effective Date and will continue until terminated (the “Term”).
Data Protection
BAGMO PVT LTD shall implement appropriate safeguards to prevent unauthorized access (like SSH Key, Encrypted MQTT, all ports are disabled for public except HTTP) to, use of, or disclosure of the Protected Information.
Data Privacy
BAGMO PVT LTD may collect, use, and process Customer’s data only after notification to the customer.
Audit
Bagmo Blood Bank System is Security Audited & Assessed as per CERT-IN Guideline & OWASP Standard. The Site & Application is fit and safe for hosting under continuous monitoring and observation by Authorized Authorities. The Application/Site fulfilled the criteria as per CERT-IN Security norms, and the certificate was issued by authorized internal auditors.
Notification of Security Breaches
Company shall comply with all applicable Laws regarding the notification of individuals in the event of an unauthorized release of personally identifiable information and notification of other unauthorized data and information disclosures.
Termination
Termination for Material Breach
Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if:
- the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and
- the failure, inaccuracy, or breach continues for a period of 30 days’ after the injured party delivers notice to the breaching party reasonably detailing the breach.
Termination on Notice
Customer may terminate this agreement for any reason on 30 days’ notice to the Company.