a) Ownership

(1) The software is owned by EMC. It is protected by copyright and other relevant intellectual property law in South Africa.

(2) The software comprises inter alia an on line cloud based software application called Cirrus and available on www.cirrusonline.co.za

(3) There are supporting databases and API layers that are owned by EMC

b) Terms of agreement

(1) The end user is the practice that is granted a license to use the EMC software and a unique registration key is provided to activate the software for the specific practice location.

(2) The end user is granted a license to use the EMC software subject to the following terms and conditions:

a. EMC retains all ownership and intellectual property rights relating to the software.

b. Copies of the software or any form of the software may not be transferred to unlicensed users.

c. The software is used at sites demarcated by the registration process.

d. The end user shall not transfer the rights in this agreement to any third party without the written consent from the EMC.

(3) License and Registration fees for the software are as follows:

a. EMC retains the rights to charge fees for any enhancements in the software and/ or to increase the fees charged by an amount commensurate with the Consumer price index.

(4) EMC retains all other rights not expressly contained in this agreement.

(5) The terms of this agreement constitute the entire agreement between the EMC and the end user and replaces all previous agreements between the parties.

(6) The agreement remains in force until terminated by either party giving 30 days written notice of termination.

(7) Rights to usage of the software will cease immediately upon termination date or any breach of this agreement.

(8) Upon termination, the end user is obliged to return all proprietary material back to the EMC.

(9) The EMC shall not be liable for any consequential loss or damages from either the termination of this agreement or breach of this agreement.

(10)The EMC shall undertake to:

a. Install the software at commencement of license period

b. Provide initial training to the licensed user

c. Maintain the software and make updates available to the end user during the license period

d. Provide telephonic support for software related issues

e. Provide on site support for software related issues

f. Warrant that the software will perform in accordance with industry

specifications. Such warranty is conditional upon the software running upon the approved operating platforms and that the hardware used by the end user is compatible with the software and operating platform.

g. Not be liable for any faults in the operating system, hardware and loss of back up data.

(11)The end users shall undertake to:

a. Abide by the privacy laws affecting citizens of the country and/or as prescribed by the government and in respect of regulatory healthcare directives

b. Undergo initial software training.

c. Abide by the terms of usage contained in the Cirrus programme

d. Notify the EMC at least 30 days in advance of any change of address, termination

of usage or need for usage at another site

e. Make backups of the practice database for restoration of lost data and archival purposes.

f. Not change or adapt the software in any way unless expressly directed by the EMC

g. Not disseminate the software to any third party

c) Software Offering

(1) The software feature offering is:

a. Medical Scheme, Private and Government Billing Software Support

b. Electronic Claims Submission

c. Automatic Medicine Price Updates

d. Automatic Medical Aid Tariff and Rule Updates

e. Electronic Medicine Procurement

f. Electronic Referral Letters

g. Electronic Patient Notes

h. ICD10 Enabled Claims processing

i. Online backup of Core Practice Data

j. Electronic telehealth consultation

k. Linked to the EMC Square organogram projects – contained as addendum

d) Software Support

(1) Software support is available to all registered users by the EMC in-house support staff. This relates to usage queries. Such support both telephonically during normal office hours and where necessary onsite support, when there are software related technical issues.

(2) Backing up and the maintenance of the database is the responsibility of the end user.

(3) The operator’s manual includes an easy step guide to software usage.

e) Technical support

(1) EMC offers software related technical support to registered users.

(2) Other technical support, Hardware or other software program support is offered at prescribed rates

f) Training

(1) Training is handled exclusively by appointed EMC consultants and handled by the Practice Management business unit

(2) You may contact the EMC offices for details on training dates and availability. Training notices are transmitted via SMS.

g) Updates

(1) Program updates are made available periodically via an automated download from the Cirrus FTP site.

(2) Static data (e.g. Medicine prices) updates or release notes are made available for download from the Cirrus FTP site.

I have understood and agree to the above terms and conditions.