Drs® Enterprise - FHIR®© API Documentation

TERMS OF USE AND

FHIR API LICENSE AGREEMENT

©2019 KEISER COMPUTERS, INC.

NOTICE TO USER:  PLEASE READ THIS AGREEMENT CAREFULLY.  Keiser Computers, Inc. (“KCI”) is the developer of Drs. Enterprise®, a hosted electronic health record software (“Drs”) for medical practices, and an Application Programming Interface (“API”) to permit third party websites and applications to access certain patient data stored in Drs (“EHR Data”).

This Terms of Use and FHIR API License Agreement ("TOU") is a legal agreement between KCI and you (“you” or "Developer"), either as an individual or as a representative of an entity desiring access to the API.  Components of Drs, the API, and the EHR Data related to FHIR (as hereinafter defined) are collectively defined as the "FHIR SYSTEMS".

Your actions in installing, copying, downloading, accessing or otherwise "Using" (as hereinafter defined) the FHIR SYSTEMS will constitute your agreement to be bound by the terms of this TOU. 

These Terms of Use ("TOU") may be changed from time to time and without further notice. Your continued use of the FHIR Systems after any such changes constitutes your acceptance of the new terms.  KCI may terminate, change, suspend, or discontinue any aspect of the FHIR Systems, including the availability of any features or content, including that of third parties, and restrict your access to part or the entire FHIR Systems, at any time, and may change the terms and conditions under which you may Use any subsequent version of the FHIR SYSTEMS.  All FHIR SYSTEMS updates or supplements are governed by this TOU unless alternative terms are provided with such updates or supplements.   

1. Definitions.

“Content” shall mean animations, applets, audio, data, design, graphics, illustrations, images, information, marks, music, photographs, text, video, and any other files displayed, used and/or available on or through the FHIR Systems.

“FHIR” shall mean Fast Healthcare Interoperability Resources.

 “FHIR App” means a Developer App that is created using, or with reference to, only that portion of the FHIR Systems comprising FHIR API.

"FHIR SYSTEMS" includes computer software, API’s, codes, documentation, information, enhancements, associated files, disk(s), CD-ROM(s) and other media, other technology, any printed materials, related explanatory written or "online" or electronic materials or files including, but not limited to, the executable programs, drivers, libraries, online documentation, user manuals, and data files associated with such programs ("Documentation"); related graphics, and upgrades, updates, modified versions, additions, fixes and copies of the FHIR SYSTEMS, if any, licensed to you by KCI (collectively, "Updates"). 

"Use" or "Using" means to install, copy, download, or access or otherwise benefit from using the functionality of the FHIR SYSTEMS in accordance with the Documentation, including creating a FHIR App, copying and modifying the related Code as necessary (i) to create and test FHIR Apps, (ii) to demonstrate FHIR Apps to potential customers; and (iii) to distribute FHIR Apps pursuant to a TOU, and further includes functionality related to logging into the EHR, searching for a patient, pulling patients that match certain criteria and pulling discrete data for a specific patient that includes conditions or problems, immunizations, medications, allergies, smoking status, medications ordered for the patient, lab results, vital signs, procedures, care team members, care plan assessments and plan of treatment, laboratory orders and testes, unique device identifiers for implantable devices, health goals, health concerns and pulling the complete patient record.  You agree that you Use the FHIR SYSTEMS on your own initiative and you are responsible for compliance with all laws in connection with such Use.

2. GRANT OF LICENSE

3. CONDITIONS OF LICENSE.

Entity representation. If you are using the FHIR Systems on behalf of your employer or other entity, you represent and warrant that you have the authority to bind that entity to this TOU, and all references to “you” in this TOU refer to that entity.  If you do not agree, do not Use the FHIR SYSTEMS.

Virus Warranty. You warrant that your FHIR Apps will not contain any viruses or other malicious computer instructions, devices, or techniques that can or were designed to threaten, infect, damage, disable, or shut down the FHIR system, any technology, software, solution, equipment or any computer system.

Violation. You warrant and represent that your assent to, and performance of, your obligations under this TOU do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable federal or state laws; you are not using, and will not use, the FHIR systems or any information contained therein for any improper, harassing, or unlawful purpose.

b. Under this license, you have the following responsibilities:

Complying at all times with all applicable laws, rules and regulations relating to the use of the FHIR APIs.

Determining and ensuring patient self-sufficient access to your FHIR App for purposes of Meaningful Use (MU) and Merit-based Incentive Payment System (MIPS) reporting.

Obtaining at your expense everything necessary to use the FHIR SYSTEMS, including, without limitation, all computer hardware, other equipment, Internet access and telecommunications services.

Acquiring sufficient knowledge and understanding to correctly Use the FHIR SYSTEMS and ensuring that all Users accurately understand and follow KCI’s verbal and written guidelines, policies, educational materials and procedures in regard to the Use of the FHIR SYSTEMS.  You understand that KCI does not and cannot independently verify or review the information entered into the FHIR SYSTEMS and makes no representations concerning the completeness, accuracy, availability or utility of any information entered into the FHIR SYSTEMS, or concerning the qualifications or competence of individuals who placed it there. You acknowledge and agree that you are solely responsible for verifying the accuracy of patient information and for ensuring that each authorized user is aware of the material terms of this TOU, and that no person who is not an authorized user be allowed access to the FHIR SYSTEMS, related documents, and training materials, etc.  

Maintaining recommended information security tools, technologies, fire walls, antivirus, anti-spyware tools, etc., and other technical and administrative precautions to preserve and protect all information created and manipulated in connection with the FHIR SYSTEMS, including protected health information (“PHI”).

Paying all fees promptly.

3. LIMITATIONS ON RIGHTS.  In Using the FHIR Systems, you agree not to:

Change, reverse engineer, decompile, or disassemble the FHIR SYSTEMS.

Disrupt or interfere with the security of, or otherwise abuse, the FHIR Systems, or any services, system resources, accounts, servers or networks connected to or accessible through the FHIR Systems.

Disrupt or interfere with any other user's enjoyment of the FHIR Systems or affiliated or linked Websites.

Upload, post, or otherwise transmit through or on this FHIR Systems any viruses or other harmful, disruptive or destructive files.

Infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of KCI or any third party.

Interfere or attempt to interfere with, or damage or attempt to damage, the FHIR Systems or the proper working of the FHIR Systems, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology.

Use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the FHIR Systems or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the FHIR Systems or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the FHIR Systems.

Attempt to obtain unauthorized access to any website or mobile device application through the FHIR Systems.

Engage, directly or indirectly, in transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation.

Probe, scan or test the vulnerability of the FHIR Systems or any network connected to the, or FHIR Systems breach the security or authentication measures on the FHIR Systems or any network connected to the FHIR Systems.

Assist any third party in engaging in any activity prohibited by this TOU.

4. RESTRICTIONS ON TRANSFER.  This license is personal to you, and neither your rights hereunder, nor any copy of the FHIR SYSTEMS, may be sold, assigned, distributed, transferred, loaned, rented, given or sublicensed to any other person, in any media (including electronic media), without the prior written consent of KCI.   Any transfer in violation of this section will be null and void and will automatically terminate all rights to Use the FHIR SYSTEMS, and will not confer any rights upon any purported transferee of the FHIR SYSTEMS. The preceding restriction includes a prohibition on Using the FHIR SYSTEMS to provide commercial hosting services. 

5. INTELLECTUAL PROPERTY RIGHTS. The FHIR SYSTEMS are the intellectual property of and are owned by KCI. The structure, organization and code of the FHIR SYSTEMS are the valuable trade secrets and confidential information of KCI.  The Content, as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content, is the proprietary property of KCI.  All current and future templates, macros, programmed scripts, and forms contained in or written using the FHIR SYSTEMS are and will remain the property of KCI.  The FHIR SYSTEMS are protected by U.S. copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The FHIR SYSTEMS are licensed, not sold. This TOU does not grant you any intellectual property rights in the FHIR SYSTEMS. Except as expressly provided in this TOU or by KCI's express written consent, no part of the FHIR Systems and no Content may be copied, modified, reformatted, leased, loaned, sold, distributed, encoded, posted, publicly displayed, published, republished, reproduced, creative works derived from, translated, uploaded, or otherwise exploited in any manner.

6. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. The FHIR SYSTEMS contains certain third party content or services, which may require that you enter into separate subscription or licensing agreements with third party vendors. You agree to execute such agreements as may be required for the use of such content or services, and to comply with the terms of any license or other agreement held by KCI, relating to third party products included in the FHIR SYSTEMS.

All title and intellectual property rights in and to the content of such third party programs which may be accessed through use of the FHIR SYSTEMS is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This TOU grants you no rights to Use such content and KCI shall have no liability for any unauthorized Use of such content.

You agree that, to the extent applicable, you shall comply with all applicable state and federal laws including, but not limited to, by (i) the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act ("HITECH") and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the "Privacy Laws").  You represent and warrant that You will, at all times, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Protected Health Information (as defined by the Privacy Laws) ("PHI").

9.  WARRANTIES; LIABILITY; INDEMNITY

a. NO WARRANTY.  THE FHIR SYSTEMS ARE LICENSED AS IS, WITHOUT WARRANTY OF ANY KIND.  EXCEPT TO THE EXTENT TO WHICH ANY WARRANTY CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, KCI MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY, INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, RESPONSE TIME AND NONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE ANY WARRANTY BY KCI.

KCI CANNOT AND DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FHIR SYSTEMS. 

KCI MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OF THE FHIR SYSTEMS, INCLUDING THE ACCURACY OF PATIENT DATA VIEWED OR OBTAINED THROUGH THE FHIR SYSTEMS.

KCI DOES NOT WARRANT THAT THE FHIR SYSTEMS WILL MEET THE REQUIREMENTS OF ANY PERSON OR OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS.

KCI MAKES NO REPRESENTATION THAT THE FHIR SYSTEMS ARE APPROPRIATE, AVAILABLE, OR LEGAL IN ANY PARTICULAR LOCATION.

KCI IS NOT LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY VENDORS OR CONSULTANTS USED BY YOU IN CONNECTION WITH THE FHIR SYSTEMS.  KCI IS NOT LIABLE FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS.

KCI MAKES NO REPRESENTATION OR WARRANTY THAT THE FHIR SYSTEMS, ANY AFFILIATED SERVICES AND/OR ANY CONTENT WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE FHIR SYSTEMS, ANY AFFILIATED SERVICES AND/OR THEIR CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT (MOBILE OR OTHERWISE) OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED.

b. LIMITATION OF LIABILITY.  YOU ACKNOWLEDGE THAT YOU ARE USING THE FHIR SYSTEMS AT YOUR OWN RISK AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE AND PERFORMANCE OF THE FHIR SYSTEMS, INCLUDING THE ACCURACY OF PATIENT DATA.

KCI HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO YOUR OR ANY THIRD PARTY’S DISTRIBUTION, IMPLEMENTATION, COMMERCIALIZATION, USE, OR OTHER FORM OF EXPLOITATION OF ANY APP, SOFTWARE, SOLUTION, SERVICE OR OTHER TECHNOLOGY CREATED BY YOU OR ANOTHER THIRD PARTY. AS BETWEEN YOU AND KCI, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL REPRESENTATIONS, WARRANTIES, SUPPORT AND OTHER OBLIGATIONS MADE BY YOU TO ANY THIRD PARTY RELATED TO ANY APP, SOFTWARE, SOLUTION, SERVICE OR OTHER TECHNOLOGY CREATED BY YOU, INCLUDING CLAIMS ARISING FROM PRODUCT LIABILITY, BREACH OF WARRANTY, AND INTELLECTUAL PROPERTY INFRINGEMENT.

EXCEPT TO THE EXTENT TO WHICH LIABILITY CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, IN NO EVENT WILL KCI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST EARNINGS OR REVENUES (INCLUDING WITHOUT LIMITATION LOST OR DELAYED INCENTIVE PAYMENTS AND RELATED PENALTIES), INABILITY TO USE YOUR DATA OR EQUIPMENT OR FAILURE TO ACHIEVE THE ANTICIPATED SAVINGS OR RESULTS, LOST GOODWILL, EXPENSES, COSTS, LOSS OF USE, LOSS OR CORRUPTION OF DATA OR BUSINESS INFORMATION, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, BUSINESS INTERRUPTION, COMPUTER MALFUNCTION, WORK STOPPAGE, OR INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, ARISING FROM OR RELATING TO OR BASED ON YOUR USE OF THE FHIR SYSTEMS OR OUT OF THIS TOU, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS BROUGHT UNDER LAWS OF CONTRACT, WARRANTY, NEGLIGENCE, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR MEDICAL MALPRACTICE), STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY EVEN IF KCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER REMEDY.  

d. INDEMNITY.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS KCI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES (INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES), DEMANDS, CLAIMS, COSTS, PENALTIES, INJURIES, INTEREST, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY FEES AND COSTS AS INCURRED BY KCI) HOWSOEVER CAUSED, SUSTAINED BY YOU, KCI OR ANY THIRD PARTY, AT ALL LEVELS OF LITIGATION OR OTHER PROCEEDING AT ANY TIME, ARISING OUT OF OR RELATING TO  ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR USE OF THE FHIR SYSTEMS.

10. TERMINATION

The license granted to you is effective until terminated.  You may terminate it at any time by returning the FHIR SYSTEMS (including any portions or copies thereof) to KCI.  The license will also terminate automatically without any notice from KCI if you violate or fail to comply with any term or condition of this TOU.  Upon termination, KCI may also enforce any rights provided by law.  The provisions of this TOU concerning indemnification, waiver, release and limitation of liability and protection of the proprietary rights of KCI will survive termination.

11. ARBITRATION.  Any controversy or claim arising out of or relating to this TOU or the breach thereof (including, without limitation, any dispute involving the existence or validity of this TOU), shall be settled by arbitration in accordance with the US Federal Arbitration Act and Rules administered by the American Arbitration Association under its Commercial Arbitration Rules and consistent with the provisions of this TOU.  The number of arbitrators shall be one. The place of arbitration shall be Fort Lauderdale, Florida.  Florida law shall apply.   The parties must maintain in confidence all non-public information that may be disclosed in the course of the arbitration, except as may be required by law. Judgment on the award rendered by the arbitrator will be binding and may be enforced in any court having jurisdiction thereof.

By agreeing to arbitration, KCI and you each KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY, AND IRREVOCABLY WAIVES the right to have its case heard in court, as well any right it might have to a jury trial, except to the limited extent (if any) that this TOU expressly states otherwise. 

12. GENERAL PROVISIONS.  If any part of this TOU is found void and unenforceable, it will not affect the validity of the balance of the TOU, which shall remain valid and enforceable according to its terms.  KCI’s failure to insist upon or enforce strict performance of any provision of this TOU shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU. This TOU may only be modified by a writing signed by an authorized officer of KCI. This is the entire agreement between KCI and you relating to the FHIR SYSTEMS and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the FHIR SYSTEMS.  This TOU is governed by the laws of the State of Florida.