Terms of Use

Updated: April 04, 2007

This License and Subscription Agreement ("Agreement") is a legal agreement between you (either an individual or a legal entity) ("Licensee", "you", "your", as context requires) and RamSoft Inc, an Ontario corporation having its principal place of business at 243 College Street, Suite 100, Toronto, ON M5T 1R5, CANADA and, where applicable, its System Integrators and licensors (collectively "RamSoft") for the software indicated below ("Software") and associated documentation ("Documentation"). BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE SOFTWARE. If you do not agree to the terms and conditions of this Agreement or you do not submit full payment for your software license, then your software may automatically shut down, until reenabled by RamSoft.

RamSoft hereby grants to you a personal, limited, non-exclusive, non-sub-licensable, nontransferable, non-assignable license to use the Software, in machine executable object code form, and any related Documentation as follows:

1. TERM.
a) In exchange for payment of the initial License fee, you may install and use the Software on one server or on a related farm of servers connected to the same database. The initial License term for the Software will be for a period of one year, extended annually by payment of an annual subscription fee. The fees will include service and support for the period set forth herein. THE SOFTWARE MAY CONTAIN WARNING SCREENS THAT APPEAR AFTER THE LICENSE OR SUBSCRIPTION PERIOD EXPIRES. YOU MUST NOT TAMPER WITH THE WARNING MECHANISM OR THE SOFTWARE. Upon receipt of software subscription payments, RamSoft shall renew your License. During your initial License term and following subscription periods, these warning screens will not appear. It is RamSoft's sole discretion to determine how long a particular version of software will be supported.

b) PowerServer licenses are issued based on the volume of studies stored on the PowerServer each year. You will be responsible for additional Excess Studies charges, if your PowerServer manages more studies than it is licensed for.

c) PowerServer Tele licenses are issued based on the volume of studies stored on the TeleServer database. PowerServer Tele software is intended only for temporary storage of data. Once the licensed number of studies has been reached, studies will be purged from the database on a First In First Out basis.

d) A trial period of not more than thirty days may be available to use the software and verify its functionality. THE SOFTWARE MAY CONTAIN A DISABLING MECHANISM AFTER THE TRIAL LICENSE EXPIRES. YOU MUST NOT TAMPER WITH THE DISABLING MECHANISM OR THE SOFTWARE.

2. LICENSE RESTRICTIONS
a) All rights not expressly granted are reserved.

b) You may not: (i) permit other individuals or entities to use or have access to the Software except under the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, lend, assign, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your license to the Software and Documentation.

c) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws, regulations and the like in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning medical uses, copyright and other intellectual property rights.

d) The Software or the use of the Software may be subject to legal or regulatory provisions related to products used in the Health Care Industry. Prior to using the Software, it is your responsibility to ensure that your use of the Software will not violate any legal or regulatory provisions.

e) The use of the Software is intended only for use with properly authorized content. Content files, including, but not limited to images, which are viewed using the Software, may be protected by copyright laws, privacy laws such as the United States HIPAA, or other laws of any jurisdiction and are used at your own risk.

3. UPDATES / UPGRADES
You agree and understand that although RamSoft takes steps to prevent errors, the Software may contain errors affecting proper operation. RamSoft reserves the right at any time to, but is not obligated to provide Updates to the Software. Update shall mean a change to the Software and/or Products designed to correct defects, but does not materially change functionality. Upgrade shall mean a change to the Software that adds functionality or otherwise implements substantial additional capability. RamSoft reserves the right at any time to, but is not obligated to provide Upgrades to the Software. You agree that RamSoft shall have the sole authority to determine which Upgrades are included in your license subscription and which updates are considered separate Products. If any such Updates or Upgrades are provided to you by RamSoft, such Updates and Upgrades will be considered a part of the Software and subject to the terms and conditions of this Agreement.

4. TITLE
Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in RamSoft. The Software is protected by the copyright laws of Canada, the United States and by international copyright treaties. Title, ownership rights and intellectual property rights in and to any content used with the Software shall be retained by the applicable content owner and may be protected by applicable copyright or other law. RamSoft also retains all right, title, and interest in and to the trademarks, trade names, logos, and icons (collectively "Marks") used in or identifying the Software or its features and you may not use such Marks without the prior written permission of RamSoft. Without limiting the forgoing: (i) RamSoft, PowerReader, PowerServer, and Satellite Gateway are trademarks of RamSoft Inc.

5. THIRD-PARTY SOFTWARE LICENSES
RamSoft software may be distributed with various third-party software packages such as Firebird, OrthoView, Voxar. You are subject to software license agreements provided with each of these software packages. Please contact your RamSoft representative for details on your applicable license agreements.

6. LIMITED WARRANTY AND LIMITATION OF LIABILITIES
RamSoft warrants that the Software will perform in accordance with the Documentation during your initial License term and following subscription periods. Subject to section 2 above, RamSoft will make commercially reasonable efforts to correct any failure to perform in accordance with the Documentation. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE LIMITED WARRANTY IS GIVEN IN LIEU OF AND RAMSOFT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL RAMSOFT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, SERVICE INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF RAMSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAMSOFT'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID FOR THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION(S) MAY NOT APPLY TO YOU.

7. INDEMNIFICATION
The Software is not intended to replace the skill and judgment of a qualified medical practitioner and should only be used by people that have been appropriately trained in the Software's functions, capabilities and limitations. For example, and without limitation, various functions of the Software, including Multi-Planar Reconstruction, are intended for use only as an adjunct to two-dimensional medical image display techniques. You agree to hold harmless, indemnify and defend RamSoft, its suppliers, officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to your use of the Software. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.

8. TERMINATION
This Agreement will automatically terminate at the end of the license or subscription period or if you fail to comply with any term hereof including failure to make any required payment when due. No notice shall be required from RamSoft to effect such termination. You may also terminate this Agreement at any time by notifying RamSoft in writing of termination. Without prejudice to any other rights, upon any termination of this Agreement, you shall immediately discontinue use of the Software and Documentation and shall within three (3) days return to RamSoft, or certify destruction of, all full or partial copies of the Software, Documentation and related materials.

9. MISCELLANEOUS
This Agreement shall constitute the complete and exclusive agreement between the Parties, notwithstanding any variance with any other written instrument submitted by you, whether formally rejected by RamSoft or not. The terms and conditions contained in this Agreement may not be modified except in a writing duly signed by you and an authorized representative of RamSoft. This Agreement is personal to you, and may not be assigned without RamSoft's express written consent. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. The parties specifically acknowledge and agree that this Agreement be drafted and fully enforceable as written in the English language. This Agreement shall be governed by the laws of the Province of Ontario, Canada, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the courts sitting in Toronto, Ontario, Canada. Your remedies in this Agreement are exclusive. Any claim brought by you must be brought within one year of the date the cause of action has accrued or be forever waived. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate RamSoft's intellectual property rights, or may cause continuing or irreparable harm to RamSoft (including, but not limited to, any breach that may impact RamSoft's intellectual property rights, or a breach by reverse engineering), RamSoft may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Important New Feature

Create Patient DVDs

This new release of PowerServer allows you to burn patient studies onto standard off-the-shelf DVDs. Patient DVDs include the RamSoft PowerReader Clinical Viewer and enable multi-gigabyte data sets to be stored on a single piece of media.

To use this new feature you will need to update your Microsoft IMAPI drivers. Please click on the operating system you are using:

::Windows Server 2003 x32 Edition
::Windows 2003/XP x64 Edition
::Windwos XP x32 Edition

If you experience any difficulties please contact your system administrator.

RamSoft HIPAA Compliance Statement

Updated: January 17, 2006  

RamSoft is continuously working to ensure that all of our products and services are HIPAA compliant. We are actively redesigning our products, our software, our professional services and our facilities to help you comply.


We are currently on version 4 of the PowerServer  software.  PowerServer 4 has the necessary tools so that, when combined with your policies, procedures, and operations, will help you maintain HIPAA compliance. 

This release of the software, along with all other products based on its technology, address your HIPAA needs by:

• Providing a Secure connection to internet workstations through SSL technology.
• Allowing site administrator(s) to set and enforce strict password requirements.
• Logging detailed user activity and reporting/auditing user data with a robust set of tools.
• Using the security features of the Microsoft Server Environment.
• Ensuring that users only have access to authorized data through access control based on user, user groups, and user roles.

When properly configured, PowerServer will enable you to stay compliant with all the pertinent aspects of HIPAA.  If you have any question or wish to gain information on how RamSoft PowerServer based software can help you gain HIPAA compliance contact hipaa@ramsoft.biz

RamSoft Legal Statement

Updated: January 17, 2006

Indications for Use

ENG This software is used with general purpose computing hardware for the storage, review, analysis, annotation, distribution, printing, editing, and processing of digital images and data acquired from imaging devices such as CR, CT, DX, MR, MG, NM, PT, RF, US, XA, film digitizers, and document scanners, and other DICOM devices. With appropriate hardware, the software is intended for use as a primary diagnostic, analysis, and review tool for use by trained healthcare professionals. It is the user's responsibility to ensure image quality, lighting, and image compression ratios are suitable for the clinical application. Digitized film should not be used for primary diagnosis in mammography. Lossy compression should not be used for primary diagnosis in mammography. Primary diagnosis on digital mammograms should not be done on any monitors other than those specifically cleared by the FDA for digital mammography applications. Film printing for digital mammography should not be performed on any printers other than those specifically cleared by the FDA for digital mammography applications. Caution: Federal law restricts this device to use by or on the order of a physician.

F Ce logiciel est employé avec le matériel de calcul d'usage universel pour le stockage, revue, analyse, annotation, distribution, imprimant, éditant, et traitant des images numériques et des données acquises des dispositifs de formation image tels que le CR, CT, DX, MR, MG, NM, PT, RF, US, XA, convertisseurs analogiques/numériques de film, et modules de balayage de document, et d'autres dispositifs de DICOM. Avec le matériel approprié, le logiciel est prévu pour utilisation comme diagnostic, analyse, et outil primaires de revue à l'usage des professionnels qualifiés de soins de santé. Il est de la responsabilité de l'utilisateur d'assurer la qualité d'image, éclairage, et les rapports de compression d'image conviennent au clinique application. Le film digitalisé ne devrait pas être employé pour le diagnostic primaire dans la mammographie. La compression de lossy ne devrait pas être employée pour le diagnostic primaire dans la mammographie. Le diagnostic primaire sur les mammographies numériques ne devrait pas n'être fait sur aucun moniteur autres que ceux s'est spécifiquement dégagé par la FDA pour des applications numériques de mammographie. Le film imprimant pour la mammographie numérique ne devrait pas n'être exécuté sur aucun imprimeur autres que ceux s'est spécifiquement dégagé par la FDA pour des applications numériques de mammographie. Attention: La loi fédérale limite ce dispositif pour employer par ou sur l'ordre d'un médecin.

E Este software se utiliza con el hardware que computa de los fines generales para el almacenaje, la revisión, el análisis, la anotación, la distribución, la impresión, el corregir, y el proceso de imágenes digitales y los datos adquiridos de los dispositivos de la proyección de imagen tales como CR, CT, DX, MR, MG, NM, PT, RF, US, XA, los digitizadores de la película, y los exploradores del documento, y otros dispositivos de DICOM. Con hardware apropiado, el software es pensado para el uso como un diagnóstico, un análisis, y herramienta primarios de la revisión para el uso por los profesionales entrenados del healthcare. Es la responsabilidad del usuario asegurar la calidad de la imagen, iluminación, y los cocientes de la compresión de la imagen son convenientes para el clínico uso. La película convertida a digital no se debe utilizar para la diagnosis primaria en mamografía. La compresión del lossy no se debe utilizar para la diagnosis primaria en mamografía. La diagnosis primaria en mammograms digitales no se debe hacer en ninguna monitores con excepción de ésos despejó específicamente por el FDA para los usos digitales de la mamografía. La película que imprime para la mamografía digital no se debe realizar en ninguna impresoras con excepción de ésos despejó específicamente por el FDA para los usos digitales de la mamografía. Precaución: La ley federal restringe este dispositivo para utilizar por o en la orden de un médico.

RamSoft Privacy Statement

Updated: January 17, 2006

RamSoft is committed to protecting your privacy. This privacy statement explains data collection and use practices of this RamSoft PowerServer Site (the “Site”); it does not apply to other online or offline RamSoft sites, products or services. By accessing the Site, you are consenting to the information collection and use practices described in this privacy statement.

Collection of Personal Information
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you to provide a service or carry out a transaction that you have requested such as receiving information about RamSoft products and services, entering a contest, ordering e-mail newsletters, joining a limited-access premium site or service, signing up for an event or training, or when purchasing, downloading and/or registering RamSoft products. The personal information we collect may include your name, title, company or organization name, work e-mail, work phone, work or home address, information about your job function, information about your company, and credit card information.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the site, analyze trends and administer the site. Some of our sites collect information about your hardware and software in order to provide a requested service.

Use of Personal Information
The personal information collected on this Site will be used to operate the Site and to provide the service(s) or carry out the transaction(s) you have requested or authorized.

In support of these uses, RamSoft may use personal information to provide you with more effective customer service, to improve the Site and any related RamSoft products or services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interests. In order to offer you a more consistent experience in your interactions with RamSoft, information collected by RamSoft may be combined with information collected by other RamSoft services.

We may use your personal information to provide you with important information about the product or service that you are using, including critical updates and notifications. Additionally, with your permission, we may send you information about other RamSoft products and services, and/or share information with RamSoft partners so they may send you information about their products and services.

We merge site-visitation data with anonymous demographic information for research purposes, and we may use this information in aggregate to provide more relevant content.

When you sign up for a newsletter or agree to receive promotional e-mail, RamSoft may use customized links or similar technologies to track e-mail links that you click. We may associate that information with your personal information in order to provide you more focused e-mail communications or purchase information. Each e-mail communication includes an unsubscribe link allowing you to stop delivery of that type of communication.

RamSoft occasionally hires other companies to provide limited services on our behalf, such as Web site hosting, packaging, mailing and delivering prizes, answering customer questions about products and services, and sending information about our products, special offers, and other services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.
RamSoft may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on RamSoft or the Site; (b) protect and defend the rights or property of RamSoft; or (c) act in urgent circumstances to protect the personal safety of RamSoft employees or agents, users of RamSoft products or services, or members of the public.

Personal information collected on the Site may be stored and processed in the United States or any other country in which RamSoft or its affiliates, subsidiaries or agents maintain facilities, and by using the Site, you consent to any such transfer of information outside of your country. RamSoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Control of Personal Information
Except as otherwise described in this statement, personal information you provide on the Site will not be shared outside of RamSoft and its controlled subsidiaries and affiliates without your permission. As described below in the next section, you can access your personal information and make choices about how you wish to be contacted.

Please be aware that this privacy statement and any choices you make on the Site will not necessarily apply to personal information you may have provided to RamSoft in the context of other, separately operated, RamSoft products or services.

RamSoft may send out periodic e-mails informing you of technical service or security issues related to a product or service you requested, or confirming you requested a product or service. In some services offered by RamSoft, contact with the customer is an intrinsic part of the service. You will not be able to choose to unsubscribe to these mailings, as they are considered an essential part of the service(s) you have chosen.

Security of Personal Information
RamSoft is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers with limited access that are located in controlled facilities. Additionally, when we transmit sensitive personal information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Use of Cookies
We use cookies on this Site to ensure the integrity of the registration process and to personalize the Site. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, a cookie helps the site to recall your specific information. This simplifies the process of delivering relevant content, eases site navigation, and so on. When you return to the Web site, the information you previously provided can be retrieved, so you can easily use the site's features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other Web sites you visit.

Enforcement the Privacy Statement
If you have questions regarding this statement, you should contact privacy@ramsoft.com.

Changes to Statement
We may occasionally update this privacy statement. When we do, we will also revise the "last updated" date at the top of the privacy statement. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

Contact Information
RamSoft welcomes your comments regarding this privacy statement. If you believe that RamSoft has not adhered to this privacy statement, please contact us electronically at privacy@ramsoft.com, and we will use commercially reasonable efforts to promptly determine and remedy the problem.

RamSoft Contacts

Updated: January 17, 2006

Headquarters:
243 College Street, Suite 100
Toronto, ON M5T 1R5, CANADA

USA Headquarters:
10604 Trademark Pkwy, Suite 308
Rancho Cucamonga, CA 91730

Toll Free: 888.343.9146 

Tech Support: http://www.ramsoft.com/support-portal.html