Updated: March 27, 2013
This License and Subscription Agreement ("Agreement") is a legal Agreement between the Customer, (either an individual or a legal entity) (hereinafter also referred to as "Licensee", "you", and "your", as context requires) and RamSoft Inc, an Ontario corporation having its principal place of business at 243 College St, Suite 100, Toronto, ON M5T 1R5, CANADA and, where applicable, its affiliates, Value Added Resellers and licensors (collectively referred to herein as "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 within thirty (30) days of receipt of the invoice, then your software may automatically shut down, until re-enabled by RamSoft.
RamSoft hereby grants to you a personal, limited, non-exclusive, non-sublicensable, nontransferable, non-assignable license to use the Software, in machine executable object code form, and any related Documentation as follows:
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 SOFTWARE CONTAINS 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 maintenance subscription payments or upon receipt of a subscription waiver, RamSoft shall renew your License. During your initial subscription term and following subscription periods, these warning screens will not appear. You can still use the software without subscribing to maintenance. Ramsoft does not have any responsibility to provide updates or any support if you do not renew your maintenance subscription. It is RamSoft's sole discretion to determine how long a particular version of software will be supported as per the RamSoft Service Level Agreement , which may be amended from time to time. At RamSoft's option, RamSoft may terminate your license for failure to pay the required license fee. RamSoft will make every effort to support software for a minimum period of up to twenty-four (24) months following rollout. In the event that RamSoft determines that support of a software version is no longer reasonable, RamSoft will provide sixty (60) days advance notice to you of the date when a software version will no longer be supported. You will be afforded the opportunity to upgrade to a supported version or to discontinue usage.
b) PowerServer PACS, PowerServer Lite, PowerServer RIS/PACS, and PowerSever Tele Plus are licensed based on an annual study volume. A study is defined as any combination of images and documents that is grouped under a unique study accession number in our Database. The license count is validated on a daily basis, by counting all study records with Study Date within 1 year of the current date. This means that any study performed within the last year of the current date will be counted towards the license. Factors such as the date of when a study enters the RamSoft system as well as the means the study enters the system (ie. DICOM, HL7, Import, Migration) do not affect the counting mechanism. Only the date the study was performed is relevant. You will be responsible for additional Excess Studies charges if your PowerServer manages more studies than it is licensed for.
* PowerServer RIS/PACS: Studies with Status of CANCELLED are excluded from the license count.
* Software version 5.0 and newer: Studies that are empty and do not contain a series are excluded from the license count. A series is created if any images or documents are added to the study.
c) PowerServer Tele Lite licenses are issued based on the volume of studies stored in the database. PowerServer Tele Lite 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) Gateway and PowerCache licenses are issued on a per computer basis. Gateway and PowerCache software may only be used on one computer at one time.
e) A trial period may be available to use the software and verify its functionality. THE SOFTWARE CONTAINS A DISABLING MECHANISM AFTER THE TRIAL LICENSE EXPIRES. YOU MUST NOT TAMPER WITH THE DISABLING MECHANISM OR THE SOFTWARE. Any warranties provided herein DO NOT apply during any trial period.
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 as otherwise set forth 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) the Software, in whole or in part, or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation; (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.
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 and by international copyright treaties. Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of RamSoft. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of RamSoft. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall
remain solely with RamSoft.
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 foregoing: (i) RamSoft® is a registered trademark of RamSoft Inc (ii) PowerReader™, PowerServer™, Gateway™, and PowerCache™ are trademarks of RamSoft Inc.
5. THIRD-PARTY SOFTWARE LICENSES
RamSoft uses a modified version of FreeadhocUDF which is provided under the LGPL V3 (). Source code to our modified library is available from .
6. LIMITED WARRANTY AND LIMITATION OF LIABILITY
RamSoft warrants that the Software will, during your initial License term and following subscription periods, (i) be free of defects in materials and workmanship under normal use; and (ii) substantially conform to the supplied Documentation. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of RamSoft under this limited warranty will be, at RamSoft's option (subject to section 3 above), repair or replacement of the Software. In no event does RamSoft warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. This warranty does not apply if the software (a) has been altered, except by RamSoft, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by RamSoft, or (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident.
DISCLAIMER: EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL RAMSOFT BE LIABLE FOR ANY LOST REVENUE, LOST PROFIT, LOST DATA, SERVICE INTERRUPTION, OR OTHER LOSS, OR FOR SPECIAL, NDIRECT, ONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF RAMSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall RamSoft's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES, THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
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. THE RISK OF USE BY END USERS WILL BELONG TO THE END USER AND SHALL NOT REST WITH LICENSEE.
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 seven (7) days certify destruction of, all full or partial copies of the Software, Documentation and related materials.
This Agreement shall constitute the complete and exclusive Agreement between the Parties regarding the subject matter herein, 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 of the terms or conditions of this Agreement are held by any court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity shall not render unenforceable or invalid the entire Agreement. Instead, such term or condition shall be construed and enforced to the extent practicable and lawful as if it has been more narrowly drawn so as not to be invalid or unenforceable, or otherwise shall be severed from the other provisions of this Agreement and the remaining provisions of this Agreement shall remain in effect and be enforceable in accordance with their terms. 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, Canada. Your remedies in this Agreement are exclusive. You expressly agree that any claim alleged by you must be brought within one year of the date the cause of action arose 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, in addition to 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.
Updated: December 13, 2011
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 with HIPAA standards, such as encryption (SSL/TLS), system-user identifiers (logins, passwords), multiple user access levels, high-end physical server security, instant backups, strong privacy policies, timed log out, and much more.
PowerServer 5 has the necessary tools and technologies so that, when combined with your policies, procedures, and operations, will help you to achieve your HIPAA compliant needs by:
- Securing the transfers of Electronic Protected Health Information (EPHI) through SSL/TLS encryption.
- Protecting local cache EPHI by using AES encryption standards. Mobile web-app caching is not persistent.
- Ensuring that users only have access to authorized data through access control based on user, user groups, user roles, and facilities.
- Reporting and auditing of user’s activities with the powerful audit trail tools.
- Allowing site administrator(s) to set and enforce strict password requirements, and interval password changes.
- Server security is handled by the underlying Microsoft Windows Server 2008 R2 or 2012 operating system.
When properly configured, PowerServer 5 will enable you to stay compliant with all the pertinent aspects of HIPAA.
so we can assist you on knowing how RamSoft PowerServer based software can help you to satisfy HIPAA compliance.
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
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
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.
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
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
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.
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
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
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
email@example.com, and we will use commercially reasonable efforts to
promptly determine and remedy the problem.