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:
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
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
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
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, 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.
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.
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.
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
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.
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
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
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.