OmniPACS Inc. Terms of Use Agreement

Terms and Conditions of Use of the OmniPACS Web Site
Last modified October 07, 2010.

OmniPACS Inc. (together with its affiliates, “OmniPACS”) makes information available on this web site (“Site”) subject to the following terms and conditions of use (“Terms of Use”) and all of the other policies and procedures located on the Site, including, without limitation, the Privacy Policy and the End User Agreement (collectively, the “Policies”). By accessing this Site, you agree to all of the terms and conditions of the Policies applicable to your use of the Site. . OmniPACS reserves the right to change any of the Policies at any time without notice. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of this Site’s web pages.

The OmniPACS™ service provides unlimited access and use of an FDA approved diagnostic PACS interface. The software provided by "OmniPACS™ SERVICE”: OmniPACS™ is a Software as a Service (SaaS) that enables account holders to acquire, distribute, store, and diagnosis DICOM data. OmniPACS charges users for the distribution and storage of studies and charges a onetime fee to the sending or originating party. OmniPACS™ contracts are individualized based on a user’s projected monthly volume and rate plans vary accordingly. The OmniPACS™ service guarantees a user’s data for the life of your contract and all data is backed up within our Disaster Recovery Plan.

HIPAA STATEMENT

Compliance with state and federal regulations regarding patient confidentiality, security, and privacy is the responsibility of all health care providers and related vendors. This includes, but is not limited to, compliance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. OmniPACS offers a set of DICOM compliant storage products that also comply with HIPAA and other privacy and security requirements and configurable storage and distribution systems that are designed to protect the privacy and security of patient information.
OmniPACS software is configurable to help meet the end user’s needs and includes user authentication models such as traditional username and password, as well as SSL certificate verification and other customizable security tokens. One or more of these authentication models are required for all users accessing OmniPACS-provided systems and software. Most access to data is performed via the DICOM TLS protocol, but optional HTTP and HTTPS as well as secure email transports are also available. OmniPACS products completely adhere to the DICOM standard. OmniPACS prohibits any user from sharing or disclosing their password, username, or other security tokens such as client SSL certificates, and any such disclosure shall constitute a breach of the Policies which shall allow OmniPACS in its sole discretion to terminate your account and prohibit any further access to the Site or the OmniPACS services.
OmniPACS software allows for encryption when information is transmitted via the internet (SSL, TLS, or VPN). OmniPACS reaches beyond near term HIPAA requirements by also offering optional PGP encryption of data while in transit or for long-term storage. PGP is among the strongest commercial grade encryption solutions currently available for this application.
OmniPACS software provides an audit trail of all electronic events related to any patient’s medical record within our system. The log can be viewed or copied to external databases (e.g., Access) or spreadsheets (e.g., Excel) for further analysis.
OmniPACS supplies fault tolerant storage servers and other related technologies to support your disaster planning.
OmniPACS software requires usernames and passwords, and/or other authentication models to generate, edit, revise, or correct data. Furthermore, OmniPACS allows for granular access management to enable a security officer and/or systems administrators to provide only certain individuals with access to edit or delete patient information. Confidentiality notices are displayed on screen when records are queried using OmniPACS provided user interfaces whether it is done locally or over the network.

INTERFACE PROVISIONS AND CERTIFICATIONS

CHILI Software Quality Management and Certifications. CHILI software is manufactured using a TUV certified quality management system based on DIN EN ISO 13485:2003 and Annex II, section 3 of the European Directive 93/42/EEC on Medical Devices. CHILI software products conform to the European Medical Devices Act and bear the CE mark. CHILI PACS software is also FDA 510(k) certified for use in the United States of America:

FDA CDRH 510(k) PMN Database Record (abbreviated) Device Classification Name: SYSTEM, IMAGE PROCESSING, RADIOLOGICAL 510(k) Number: K070796 Regulation Number: 892.2050 Device Name: CHILI PACS Decision Substantially Equivalent (SE)

FDA CDRH Device Listing Database Record (abbreviated) Proprietary Device Name: CHILI TELERADIOLOGY SYSTEM Common/Generic Device Name: TELERADIOLOGY SYSTEM Classification Name: SYSTEM, DIGITAL IMAGE COMMUNICATIONS, RADIOLOGICAL Device Class: 1 Product Code: LMD Regulation Number: 892.2020 Medical Specialty: Radiology Owner/Operator Number: 9091865

Exceptions/Exemptions. The CHILI Workstation and CHILI/Web interface is currently not FDA approved for performing diagnosis on Mammography studies; however, the CHILI PACS system itself is approved for the storage and transmission of these studies.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE

Any software and/or service that is made available to download from this Site (collectively, “Software”) is the copyrighted work of OmniPACS and/or its suppliers. Use of the Software is governed by the terms and conditions of the applicable end user agreement which accompanies or is included with the Software (“Terms of Service”) or is otherwise included on the Site. An end user will be unable to install any Software that is accompanied by or includes Terms of Service unless he or she first agrees to the applicable Terms of Service.

IF THE SOFTWARE IS COVERED BY A WARRANTY, SUCH WARRANTY IS EXPRESSLY LIMITED TO, AND ONLY TO THE EXTENT EXPRESSLY SET FORTH IN, THE APPLICABLE TERMS OF SERVICE. EXCEPT AS MAY BE WARRANTED THEREIN, OMNIPACS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND

Any Software downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities (collectively, the “U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure of the Software and any documents in connection therewith by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. 227.7202-4 (for Department of Defense acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-Department of Defense acquisitions). The U.S. Government's rights in Software and any documents in connection therewith, including its rights to use, modify, reproduce, release, perform, display or disclose the Software and any such documents, will be subject in all respects to the applicable Terms of Service and all restrictions set forth herein.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE

Permission to use documents provided by the Site (such as white papers, press releases, datasheets and FAQs) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless such use is agreed to by OmniPACS and (3) no modifications of any such documents are made. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Site or any other OmniPACS owned, operated, licensed or controlled site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by OmniPACS.

OMNIPACS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY DOCUMENTS ON OR IN CONNECTION WITH THE SITE AND RELATED GRAPHICS (INCLUDING, WITHOUT LIMITATION, THAT THE SITE OR ANY RELATED GRAPHICS ARE FREE FROM COMPUTER VIRUSES) PUBLISHED ON THE SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OMNIPACS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL OMNIPACS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS OR REVENUE INCURRED BY YOU OR THIRD PARTIES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE.

THE DOCUMENTS, SOFTWARE AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES, COMPUTER VIRUSES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN OR ON THE SITE. OMNIPACS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE

IN NO EVENT SHALL OMNIPACS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS OR REVENUE INCURRED BY YOU OR THIRD PARTIES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SITE.

LINKS TO THIRD PARTY SITES

ANY LINKS TO THIRD PARTY WEBSITES ON THE SITE WILL ALLOW YOU TO LEAVE THE OMNIPACS SITE. ANY LINKED SITES ARE NOT UNDER THE CONTROL OF OMNIPACS AND OMNIPACS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO ANY AND ALL SUCH SITES. TO THE EXTENT ANY SUCH LINKS ARE PROVIDED, OMNIPACS IS PROVIDING SUCH LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ANY ENDORSEMENT BY OMNIPACS OF THE APPLICABLE LINKED SITE.

COPYRIGHT NOTICE

Copyright © 2008 – 2010 OmniPACS Inc., 205 10th Street, 6P, Jersey City, NJ 07302 U.S.A. All rights reserved.

TRADEMARKS

The following are trademarks or registered trademarks of OmniPACS in the United States and other jurisdictions:

Serial Number: 77583665 Registration Number: 3646356 Mark: OMNIPACS

All other OmniPACS products referenced on this Site are trademarks (whether registered or unregistered) of OmniPACS. Other product and company names appearing on this Site may be trademarks of their respective owners.

APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws principles. Unless waived by OmniPACS in its sole and absolute discretion, the venue and jurisdiction for actions related to the subject matter hereof, including, without limitation, your use of the Site or any OmniPACS software, shall be the State of New Jersey, and a state or federal court of competent jurisdiction located in the county of Hudson, New Jersey.

EXPORT CONTROL LAWS

Software available on this Site is subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders. These lists and prohibitions are subject to change and you must comply with the lists as they exist in fact and all applicable United States export controls as they may be amended, modified, supplemented or otherwise changed from time to time.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

We make no representation that the Site or other services are appropriate, legal or available for use in other jurisdictions outside of the United States. If you access the Site from other jurisdictions you do so as you own choice and are solely responsible to comply with local law. Accordingly, if you choose to access the Website, you agree to do so subject to the internal laws of the State of New Jersey and the federal laws of the United States.

Please contact OmniPACS at: OmniPACS Inc., 205 10th Street, 6P, Jersey City, NJ 07302 with any questions or concerns regarding these Terms of Use.