The Software is protected by US copyright law and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Solismed Developers retain all ownership rights to the Software.
Solismed Developers grant to you ("Licensee") a perpetual, nonexclusive, nontransferable, worldwide, and royalty-free license to use the Software on one Web site that shares a fully qualified domain name or one desktop/laptop computer. Modifications to the Software are allowed in general, as long as they do not conflict with the licensing, e-prescribing certification, and HIPAA compliance. You may also hire Solismed Developers or a third party to perform the modifications, and the developer shall receive a non-exclusive, royalty-free right for applying the modifications to any version of the Software. You agree to indemnify and hold harmless Solismed Developers to the fullest extent allowed by law regarding all matters related to your use of the Software.
Disclaimer of Warranty. No warranties of any kind whatsoever are made as to the results that you will obtain from relying upon the Software (or any information or content obtained by way of the Software), including but not limited to compliance with privacy laws or regulations or clinical care industry standards and protocols. Use of the Software is not a substitute for a health care provider's standard practice or professional judgment. Any decision with regard to the appropriateness of treatment, or the validity or reliability of information or content made available by the Software, is the sole responsibility of the health care provider. Consequently, it is incumbent upon each health care provider to verify all medical history and treatment plans with each patient.
Do It Yourself Option. Solismed Developers do not manage, maintain, or monitor the use of the Software at your site. You are solely responsible for the creation, transmission, and backup of all contents and data.
Solismed-AWS Service Option. Amazon Web Services (AWS) is used to host the system and back up the data. Solismed Developers do not actively manage, maintain, or monitor the use of the Software. All work, incuding system upgrade, is done based on your Helpdesk requests.
User Support. General information related to system installation and usage is provided for free, while additional support and customization services will require a fee payment. All support is provided via the Helpdesk.
Source Codes. A copy of the source codes can be purchased upon request. However, a few files that are needed for licensing and maintaining e-prescribing certification and HIPAA compliance will remain encrypted.
Free e-Prescribing Service. The e-prescribing service is certified and provided by Weno Exchange LLC. There is a small setup fee, and you may also be charged for using non-participating pharmacies and support services based on an as-needed basis.
HIPAA Compliance. The Software comes with a number of access control and security features, however, additional measures may be needed in order for you to be fully compliant with HIPAA requirements. Please review your HIPAA compliance plan and take necessary actions.
Applicable Law. This agreement shall be enforced in accordance with the laws of California. Neither this agreement nor any interest in this agreement may be assigned by Licensee without the prior express written approval of Solismed Developers.
Acceptance and Termination. If, at any time, you expressly assent to this agreement, that assent indicates your clear and irrevocable acceptance of this agreement and all of its terms and conditions. If you disagree or fail to abide by any of its terms and conditions, this agreement shall terminate immediately and you may no longer exercise any of the rights granted.
Modifications. The terms set forth in this agreement constitute the final and exclusive agreement with respect to the Software. Solismed Developers reserve the right to change the terms at any time by posting a revision at Solismed Web site.