Please read the system requirements before installation of DICOM Director Gateway.
Please read the system requirements before installation of DICOM Director Gateway.
This is a legal agreement between you, the end-user, and DICOM Director, a Connecticut, U.S.A. corporation. The Software is the proprietary property of DICOM Director or its licensors and is protected by the copyright law of the U.S., international treaties and other applicable laws. By clicking on the “accept” button for downloads or upon installation, you signify that you have read this Agreement and accept these terms, and are authorized (on behalf of any entity for which you are using or installing the Software) to accept and be bound by these terms. If you do not agree to the terms of this Agreement, then we are unwilling to license the Software to you, in which event you should return it immediately for a refund. The right to return and refund does not extend to your transferee.
The term “you” means the company, legal entity or individual who is acquiring the license to use the Software under this Agreement. The term “user” means the individual who operates licensed Software under this agreement. The term “we” or “us” means DICOM Director, a Connecticut, U.S.A. corporation, except that terms such as “both of us” means both you and us.
In this Agreement, the term “Software” means the software that this Agreement accompanies, either by placement on the distribution media, including computer software and “online” or electronic documentation. The term “Subscription Services” means Software sold as a subscription.
1. Grant of License
Upon payment of the applicable license fee, we grant you a license for the Software in accordance with the terms as set forth in this Agreement.
2. Other Restrictions
You have the right to use the Software for which you have acquired licenses or as otherwise expressly permitted under Paragraph 1. You may make additional copies of the Software, but only for backup, disaster recovery or archival purposes or when copying is an essential step in the authorized use of the Software. You must reproduce all copyright and other proprietary or restricted rights notices in the original Software on all authorized copies.
You may not hire out or lease out the Software. You may not: modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software provided to you in object code form. If you are using the Software in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs; provided, as specified in such directive, if you wish to exercise any rights under such directive to make the Software interoperable with other software, you must first request from us in writing the tools necessary to create interoperable programs.
3. Subscription Services
Software will be sold as a subscription “(Subscription Services”) and during the term of the subscription, we grant you the non-exclusive, non-transferable and sub-licensable right to use the Subscription Services for your business purposes. Your usage is subject to the usage limits, including, for example the subscription term, as specified in the documentation accompanying the purchase.
You agree to notify us promptly of any unauthorized access or use of the Subscription Services. You may not hire out or lease out the Subscription Services. You may not: modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Subscription Services.
Your right to use the Subscription Services ends when the subscription term ends. If payment is not received by the end of the term, your usage will be terminated.
The Software is owned by us or our suppliers and is protected by United States copyright laws, international treaty provisions, and all other applicable laws. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. All ownership rights remain in us or our third party suppliers, as the case may be.
5. Other Software
We may provide to you certain software which is specifically labeled as being provided by and/or owned by third parties (“Third Party Materials”). You shall be licensing such ThirdParty Materials directly from the third party provider, including the right to use such Third Party Materials in connection with the Software.
Certain of the Third Party Materials supplied by us for use with the Software are governed by open-source software license agreements supplied with such Third Party Materials, such as the GNU General Public License. We make no claim of ownership of such open-source software, and such software is supplied solely in accordance with the license agreements accompanying such software. Accordingly, the restrictions above under “Grant of License” concerning scope of use, ownership, modification, confidentiality and other provisions relating to the Software do not apply to such open-source software. However, the disclaimer of warranty (but not the “Limited Warranty”) and limitations of liability below under “Limited Warranty” and “Limitation of Liability” do apply to Third Party Materials.
6. Limited Warranty
We warrant that, for a period of ninety (90) days from the date of receipt of the Software, (a) the Software, if operated as directed, will substantially achieve the functionality described on the Website. We do not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error free or secure. You have relied on your own skill and judgment in determining that the Software sufficiently meets your requirements and in deciding to acquire the Software.
THE ABOVE WARRANTIES ARE A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY US. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. IN PARTICULAR, WE DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
As your exclusive remedy for any breach of the warranty relating to functionality of the Software, we will, at our expense, use commercially reasonable efforts to replace or repair any Software that fails to meet this limited warranty. If we are unable, after using commercially reasonable efforts, to correct the failure of the Software to perform in accordance with the foregoing warranties, your sole and exclusive remedy shall be (in the case of Software) to return the Software, terminate your rights under this Agreement and receive a full refund of the payments actually received by us from you for the Software which is the subject of the warranty claim and (in the case of Services) to recover the fees paid to us for the deficient Services. Our responsibility for malfunctions and defects in the Software is limited to repair, replacement or refund as set forth in this agreement.
This limited warranty shall be void: if any modifications are made to the Software other than by us during the warranty period; if you violate the terms of this Agreement; if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used; if the warranty period has expired before you report your warranty claim; or, if you do not provide evidence satisfactory to us, when making your warranty claim, of the date you purchased a license to the Software.
7. Limitation of Liability
In no circumstances will we be liable for any incidental, special, exemplary or consequential damages or any damages for loss of business profits, business interruption, loss of business information or other pecuniary loss arising out of the use of or inability to use the Software even if so advised of the possibility of such a claim.
Our maximum liability in any circumstances shall not exceed the amount paid by you for the Software and Services.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Price and Payment
Prices are subject to increase by us based on our prices in effect at the time of delivery. Unless otherwise expressly agreed to by us in writing, the terms of payment are contained in your invoice. Should you refuse to pay for the Software and we are forced to take action to collect payment, you are liable to us for our costs in collection, including reasonable attorneys’ fees and costs.
You acknowledge that the Software and the media are subject to export controls under the U.S. Export Administration Regulations and the export regulations of other countries. You may not export or re-export, directly or indirectly, the Software, the media, or any related technical information or materials unless you have obtained an appropriate authorization from the U.S. Commerce Department and any other relevant government authority.
You may not transfer or assign the Software to a separate legal entity without our prior written consent.
Your license under this Agreement is effective until terminated in accordance with this Paragraph. We may terminate this Agreement immediately if you breach any of the provisions of this Agreement. Upon termination of your license, you must discontinue all use of the Software, and immediately destroy the Software together with all copies. The provisions of this Agreement (other than your license to use the Software) shall survive the termination of the license, or the termination or expiration of this Agreement.
Note: it is the user’s responsibility to ensure that any and all data that may be transferred or transmitted using DICOM Director is free of viruses, worms, Trojans, bots, or other code of a destructive or undesirable nature, collectively known as malware. DICOM Director has no responsibility to scan or inspect in any way the data transferred or transmitted for the presence of malware and DICOM Director, LLC. has no liability of any kind associated with the transfer or transmission of such data.
12. Health Insurance Portability and Accountability Act of 1996
The parties understand and agree that Confidential Information may include confidential information of patients, insurers, or other persons or entities (“Patient Data”). Accordingly, both of us shall take commercially reasonable steps to protect the security and confidentiality of Patient Data. Both of us shall comply with the statutory and regulatory requirements for managing Patient Data, as set forth in HIPAA, and other legally mandated requirements, regulations, or administrative orders, as the foregoing may be issued or amended from time to time. You authorize us, as your agent under this Agreement, to process, monitor, store, transmit, and otherwise manage Patient Data on your behalf in accordance with this Agreement. Both of us acknowledge that you are a business associate of the health plans and other third party payors with which you contract and we are a business associate of you for purposes of HIPAA.
DICOM Director provides the option to anonymize DICOM Data under the Transfer feature, when data is transferred to another PACS system. When using the Anonymize option, DICOM Director will NOT distribute Patient, Institution and Physicians private information that is usually stored within the DICOM file. However, private information may be stored in other Tags and/or in the Image or Video content of the DICOM file. Therefore, the user always remains responsible for the information s/he distributes. We do not guarantee that all Tags will be entirely anonymous.
|0002, 0003||Media Storage SOP Instance UID||unique|
|0008, 0018||SOP Instance UID||Unique|
|0020, 000D||Study Instance UID||Unique|
|0020, 000E||Series Instance UID||Unique|
|0010, 0010||Patient’s Name||“DDanonymized”|
|0010, 0020||Patient ID||“0”|
|0010, 0021||Issuer of Patient ID||empty|
|0010, 0022||Type of Patient ID||empty|
|0010, 0030||Patient’s Birth Date||empty|
|0010, 0032||Patient’s Birth Time||empty|
|0010, 0050||Patient’s Insurance Plan Code Sequence||removed|
|0010, 0101||Patient’s Primary Language Code Sequence||removed|
|0010, 0102||Patient’s Primary Language Code Modifier Sequence||removed|
|0010, 1000||Other Patient IDs||empty|
|0010, 1001||Other Patient Names||empty|
|0010, 1002||Other Patient IDs Sequence||removed|
|0010, 1005||Patient’s Birth Name||empty|
|0010, 1040||Patient’s Address||empty|
|0010, 1050||Insurance Plan Identification (RET)||empty|
|0010, 1060||Patient’s Mother’s Birth Name||empty|
|0010, 1080||Military Rank||empty|
|0010, 1081||Branch of Service||empty|
|0010, 1090||Medical Record Locator||empty|
|0010, 2150||Country of Residence||empty|
|0010, 2152||Region of Residence||empty|
|0010, 2154||Patient’s Telephone Numbers||empty|
|0010, 2160||Ethnic Group||empty|
|0010, 21b0||Additional Patient History||empty|
|0010, 21c0||Pregnancy Status||empty|
|0010, 21d0||Last Menstrual Date||empty|
|0010, 21f0||Patient’s Religious Preference||removed|
|0010, 2202||Patient Species Code Sequence||removed|
|0010, 2203||Patient’s Sex Neutered||empty|
|0010, 2293||Patient Breed Code Sequence||removed|
|0010, 2294||Breed Registration Sequence||removed|
|0010, 2295||Breed Registration Number||empty|
|0010, 2296||Breed Registry Code Sequence||removed|
|0010, 2297||Responsible Person||empty|
|0010, 2298||Responsible Person Role||empty|
|0010, 2299||Responsible Organization||empty|
|0008, 0080||Institution Name||empty|
|0008, 0081||Institution Address||empty|
|0008, 0082||Institution Code Sequence||removed|
|0008, 0090||Referring Physician’s Name||empty|
|0008, 0092||Referring Physician’s Address||empty|
|0008, 0094||Referring Physician’s Telephone Numbers||empty|
|0008, 0096||Referring Physician Identification Sequence||removed|
|0008, 0116||Responsible Organization||empty|
|0008, 1048||Physician(s) of Record||empty|
|0008, 1049||Physician(s) of Record Identification Sequence||removed|
|0008, 1050||Performing Physician’s Name||empty|
|0008, 1052||Performing Physician Identification Sequence||removed|
|0008, 1060||Name of Physician(s) Reading Study||empty|
|0008, 1062||Physician(s) Reading Study Identification Sequence||removed|
|0008, 1070||Operators’ Name||empty|
|0008, 1072||Operator Identification Sequence||removed|
|0038, 0010||Admission ID||empty|
|0038, 0011||Issuer of Admission ID||empty|
|0038, 0016||Route of Admissions||empty|
|0038, 001a||Scheduled Admission Date (RET)||empty|
|0038, 001b||Scheduled Admission Time (RET)||empty|
|0038, 001c||Scheduled Discharge Date (RET)||empty|
|0038, 001d||Scheduled Discharge Time (RET)||empty|
|0038, 001e||Scheduled Patient Institution Residence (RET)||empty|
|0038, 0020||Admitting Date||empty|
|0038, 0021||Admitting Time||empty|
|0038, 0030||Discharge Date (RET)||empty|
|0038, 0032||Discharge Time (RET)||empty|
|0038, 0040||Discharge Diagnosis Description (RET)||empty|
|0038, 0044||Discharge Diagnosis Code Sequence (RET)||removed|
|0038, 0300||Current Patient Location||empty|
|0038, 0400||Patient’s Institution Residence||empty|
|0038, 0500||Patient State||empty|
|0040, 0001||Scheduled Station AE Title||empty|
|0040, 0006||Scheduled Performing Physician’s Name||empty|
|0040, 000b||Scheduled Performing Physician Identification Sequence||removed|
|0040, 0010||Scheduled Station Name||empty|
|0040, 0011||Scheduled Procedure Step Location||empty|
|0040, 0241||Performed Station AE Title||empty|
|0040, 0242||Performed Station Name||empty|
|0040, 0243||Performed Location||empty|
|0040, 0296||Billing Item Sequence||removed|
|4008, 010c||Interpretation Author (RET)||empty|
|4008, 0114||Physician Approving Interpretation (RET)||empty|
|4008, 0119||Distribution Name (RET)||empty|
|4008, 011a||Distribution Address (RET)||empty|
|4008, 0202||Interpretation ID Issuer (RET)||empty|
|0008, 1010||Station Name||empty|
|0008, 1040||Institutional Department Name||empty|
|0008, 1090||Manufacturer’s Model Name||empty|
|0018, 1000||Device Serial Number||empty|
|0018, 1016||Secondary Capture Device Manufacturer||empty|
|0018, 1017||Hardcopy Device Manufacturer||empty|
|0018, 1018||Secondary Capture Device Manufacturer’s Model Name||empty|
|0018, 1019||Secondary Capture Device Software Version(s)||empty|
|0018, 101a||Hardcopy Device Software Version||empty|
|0018, 101b||Hardcopy Device Manufacturer’s Model Name||empty|
|0018, 1020||Software Version(s)||empty|
|0018, 1200||Date of Last Calibration||empty|
|0018, 1201||Time of Last Calibration||empty|
|0018, 700c||Date of Last Detector Calibration||empty|
|0018, 700e||Time of Last Detector Calibration||empty|
|0018, 7010||Exposures on Detector Since Last Calibration||empty|
|0018, 7011||Exposures on Detector Since Manufactured||empty|
|0020, 0010||Study ID||“123”|
|0008, 0050||Accession Number||empty|
|0032, 000a||Study Status ID (RET)||empty|
|0032, 000c||Study Priority ID (RET)||empty|
|0032, 0012||Study ID Issuer (RET)||empty|
|0032, 0032||Study Verified Date (RET)||empty|
|0032, 0033||Study Verified Time (RET)||empty|
|0032, 0034||Study Read Date (RET)||empty|
|0032, 0035||Study Read Time (RET)||empty|
|0032, 1000||Scheduled Study Start Date (RET)||empty|
|0032, 1001||Scheduled Study Start Time (RET)||empty|
|0032, 1010||Scheduled Study Stop Date (RET)||empty|
|0032, 1011||Scheduled Study Stop Time (RET)||empty|
|0032, 1020||Scheduled Study Location (RET)||empty|
|0032, 1021||Scheduled Study Location AE Title (RET)||empty|
|0032, 1030||Reason for Study (RET)||empty|
|0032, 1031||Requesting Physician Identification Sequence||removed|
|0032, 1032||Requesting Physician||empty|
|0032, 1033||Requesting Service||empty|
|0032, 1040||Study Arrival Date (RET)||empty|
|0032, 1041||Study Arrival Time (RET)||empty|
|0032, 1050||Study Completion Date (RET)||empty|
|0032, 1051||Study Completion Time (RET)||empty|
|0032, 1055||Study Component Status ID (RET)||empty|
|0032, 1060||Requested Procedure Description||empty|
|0032, 1064||Requested Procedure Code Sequence||removed|
|0032, 1070||Requested Contrast Agent||empty|
|0032, 4000||Study Comments||empty|
|0040, 2008||Order Entered By||empty|
|0040, 2009||Order Enterer’s Location||empty|
|040, 2010||Order Callback Phone Number||Empty
The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Connecticut, USA applicable to contracts executed in and performed entirely within such Commonwealth, without reference to any choice of law principles of such Commonwealth. The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. No amendment, modification or change to this Agreement, or any waiver of any right or remedy under this Agreement, will be valid unless in writing and signed by an authorized representative of the party to be bound. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with the applicable law. The remaining provisions of this Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law. In the event that either party is unable to perform any of its obligations under this Agreement because of an event wholly beyond its control, including but not limited to, fire, natural disaster and action or decree of a governmental body, the party who has been so affected shall immediately give written notice to the other party and use reasonable efforts to resume performance. In connection with any dispute under this Agreement, if requested by us, you agree to submit to arbitration in a forum selected by us within the Commonwealth of Connecticut for the resolution of any disputes, hereunder; provided, this does not limit our right to obtain injunctive relief in any court of competent jurisdiction. This Agreement constitutes the entire agreement of the parties, superseding all prior agreements and understandings as to the subject matter hereof, notwithstanding any oral representations or statements to the contrary heretofore made.