S/N: 20070131883 |
Version: 4.7.0.388 |
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.
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:
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
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.
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