Template License

From Reporting Wiki
(Redirected from File:License.doc)
Jump to: navigation, search

RSNA Radiology Reporting Template License


Introduction

RSNA Radiology Reporting Templates are developed by an ongoing project of the Radiological Society of North America (RSNA) under the supervision of the RSNA Radiology Reporting Committee. They are intended for adoption by developers of radiology reporting systems and clinical use by radiologists. The RSNA Website http://www.rsna.org/reporting/ is the authoritative source of the RSNA Radiology Reporting Templates.

This License permits public access to RSNA Radiology Reporting Templates and makes it possible for Licensees to use them for clinical, research, educational and commercial activities without charge. By downloading, copying, modifying, displaying, distributing or using RSNA Radiology Reporting Templates, the Licensee indicates acceptance of all of the terms and conditions of this Agreement.

[This is the start of the official Release Version RSNA Radiology Reporting Template License]

RSNA Radiology Reporting Template License

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions

“Assignee” shall mean any person or entity that assumes full obligations, rights, and responsibilities of this agreement. This includes any sub-license agreements.

"Contribution" shall mean any work of authorship that is related to the RSNA Radiology Reporting Templates (including the original version of the Work and any modifications, deletions or additions to that Work) that is intentionally submitted to the RSNA Radiology Reporting Committee for inclusion in the RSNA Radiology Reporting Templates or the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication in RSNA Radiology Reporting committee meetings, communication on electronic mailing lists, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean any individual or Legal Entity on behalf of whom a Contribution has been received by RSNA and subsequently incorporated within the Work, including but not limited to all participants in RSNA Radiology Reporting Committees.

"File Format Conversions" shall mean format conversions as identified in Appendix A. RSNA Radiology Reporting Templates are file format independent and File Format Conversions are not considered original works of authorship.

“RSNA Radiology Reporting Templates” shall mean all of the Work including the "RSNA Radiology Reporting Templates,” and associated documentation and materials developed and curated by the RSNA Radiology Reporting Committee.

"RSNA Radiology Reporting Committee" shall mean individuals modifying RSNA Radiology Reporting Templates under the direction of the RSNA-appointed Committee Co-Chairs, the primary curators of RSNA Radiology Reporting Templates.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 10 of this agreement.

"Licensee" shall mean an individual or Legal Entity exercising permissions granted by this License.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Modifications" shall mean any work that is based on (or derived from) the Work and for which the editorial revisions, content additions, annotations, elaborations, translations to other languages or other Modifications represent, as a whole, an original work of authorship. For the purpose of this License, File Format Conversions are not considered an original work of authorship. Modifications shall not include works that remain separable from, or merely link to the interfaces of the Work and Modifications thereof.

"Reporting Template" shall mean a formal and explicit specification of data elements, their properties and relationships organized into a schema or other document format that supports diagnostic reporting for specific radiology procedures.

"Release File Format" shall mean the file format for the RSNA Radiology Reporting Templates as identified in Appendix A.

"RSNA Radiology Reporting Templates" shall mean the released version of RSNA Radiology Reporting Templates as identified in Appendix A and as made available to the Licensee under this License and shall be the preferred form for creating and distributing Modifications.

"RSNA" shall mean the Radiological Society of North America, Inc., a Not-for-profit organization having its administrative offices at 820 Jorie Blvd., Oak Brook, IL 60523.

"Work" shall mean the RSNA Radiology Reporting Templates, and any work of authorship related to the RSNA Radiology Reporting Templates and made available under this License, as indicated by a copyright notice that is included in or attached to the Work as identified in Appendix B.

2. Grant of Copyright License Subject to the terms and conditions of this License, RSNA and each Contributor hereby grants Licensee a perpetual, worldwide, non-exclusive, no-charge, royalty-free, copyright license to reproduce, publicly display, publicly perform, prepare Modifications, and distribute the Work with or without Modifications, subject to the Limited Use of Identifiers in Section Four (4) of this License.

RSNA reserves the right to use information and Contributions provided by the Licensee in making changes to RSNA Radiology Reporting Templates. Licensee agrees not to allege or enjoin infringement by RSNA for any Modifications, extensions or other improvements prepared by RSNA, or by any third party obtaining Modifications, extensions, or other improvements under license from RSNA.

3. Grant of Patent License Subject to the terms and conditions of this License, RSNA hereby grants to Licensee a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work. If Licensee institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to Licensee under this License for that Work shall terminate as of the date such litigation is filed.

4. Limited Use of Identifiers Licensee may reproduce and distribute copies of the Work or Modifications thereof in any medium, with or without Modifications, provided that Licensee meets the following conditions:

a. File Format Conversions distributed by Licensee shall include specific conditions as identified in Appendix A.
b. Licensee shall identify the Work as "the RSNA Radiology Reporting Templates ", and if the Licensee wishes to distribute the Work so identified, Licensee agrees not to modify or alter the Work.; and
c. If Licensee distributes or causes to re-distribute Modifications, such Modifications shall not use the name or any part of the following names or titles: "RSNA," "RSNA Radiology Reporting Templates," "RSNA Radiology Reporting Committee," "RSNA Radiology Reporting Project," or any mark or identifier pertaining to the RSNA; and
d. Licensee shall retain in the Work and any Modifications, all copyright, patent, trademark and identifiers, and attribution notices from the Work, excluding those notices that do not pertain to any part of the Modifications; and
e. Licensee shall cause any modified files to carry prominent notices stating that Licensee changed the files with a brief description of said changes; and
f. If the Work includes a "NOTICE" text file as part of its distribution, then any Modifications that Licensee distributes must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notice that do not pertain to any part of the Modifications, in at least one of the following places: within a NOTICE text file distributed as part of the Modifications; or, within a display generated by the Modifications, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. Licensee may add Licensee's own attribution notices within Modifications that Licensee distributes, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

Licensee may add its own copyright statement to Modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Licensee's Modifications, or for any such Modifications as a whole, provided Licensee's use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Attribution

Any Work or Modifications which use or are based on RSNA Radiology Reporting Templates will include the following attribution statement:

"The [specify part or component] of this reporting template, publication or knowledgebase is based on [or is a modification of] the RSNA Radiology Reporting Templates developed at the Radiological Society of North America, Inc. (RSNA) by the RSNA Radiology Reporting Committee and its subspecialty subcommittees and is provided under license from RSNA."


6. Identifiers and Trademarks

This License does not grant permission to use the trade names, identifiers, trademarks, service marks, or product names of the RSNA or RSNA Radiology Reporting, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. All goodwill associated with the marks and identifiers shall inure to RSNA. Licensee shall not use the names RSNA Radiology Reporting or RSNA or logos, marks, or any abbreviations thereof without prior written approval from RSNA except as otherwise expressly provided in this License.

7. Disclaimer of Warranty and Indemnification

Unless required by applicable law or agreed to in writing, RSNA provides the RSNA Radiology Reporting Templates and Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Licensee is solely responsible for determining the appropriateness of using or redistributing the Works and Modifications and assumes any risks associated with Licensee's exercise of permissions under this License. Should the Release Version of RSNA Radiology Reporting Templates, Works, or Modifications not work properly or be inappropriate for Licensee's purposes, the Licensee's sole remedy is to discontinue its use immediately. To the extent allowed by law, Licensee shall indemnify and hold harmless RSNA, and its officers, RSNA Radiology Reporting Template developers, employees, students, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses resulting from Licensee's possession, use, Modification or distribution of RSNA Reporting Templates or Works, including but not limited to any damages, losses, or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this License.

8. Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to Licensee for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

RSNA SHALL IN NO EVENT BE LIABLE FOR A) PERSONAL INJURY OR PROPERTY DAMAGE OR LOST PROFITS, LOST BUSINESS OPPORTUNITY, INVENTORY LOSS, WORK STOPPAGE, LOST DATA OR ANY OTHER RELIANCE OR EXPECTANCY, DIRECT OR INDIRECT, SPECIAL INCIDENTIAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND.

9. Accepting Warranty or Additional Liability

While redistributing the Work or Modifications thereof, Licensee may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, Licensee may act only on Licensee's own behalf and on Licensee's sole responsibility, not on behalf of RSNA or any other Contributor, and only if Licensee agrees to indemnify, defend, and hold RSNA and each Contributor harmless for any liability incurred by, or claims asserted against, RSNA or any other such Contributor by reason of Licensee's accepting any such warranty or additional liability.

10. General

This Agreement shall be construed in accordance with, and its performance shall be governed by, the laws of the State of Illinois, United States. Any suit, action, or proceeding arising out of or relating to this Agreement shall be decided in DuPage County, Illinois, U.S.A. Licensee accepts the venue and jurisdiction of the Federal District Court of Northern Illinois, Oak Brook, IL, or the DuPage County Superior Courts. The application of the United Nations Convention for contracts for the International Sales of Goods is hereby expressly excluded.

This Agreement embodies the entire understanding of the parties and supersedes all previous communications, representations, or understandings, either oral or written, between the parties relating to the subject matter hereof. If any of the provisions of this Agreement are determined to be illegal or unenforceable by a court of competent jurisdiction, all remaining provisions shall remain in full force and effect.

The Licensee is authorized to create derivative material of RSNA Radiology Reporting Templates without providing notice to the RSNA. The Licensee shall only distribute RSNA Radiology Reporting Templates or Modifications as noted in section 4. The Licensee may assign this agreement provided that: (1) the Licensee warrants that the Assignee is provided all terms of the License and (2) the Assignee agrees to all the terms of the License.

At no time will the Licensee be defined or treated as an independent contractor, partnership, agency, joint venture or contract of employment between the Licensee and the RSNA. RSNA may terminate this Agreement upon notice if Licensee is in breach of this Agreement and fails within thirty (30) days of a written demand for performance to cure such breach. Termination of this Agreement shall terminate all rights and License granted to Licensee relating to the Tools. All notices shall be delivered to:

RSNA
Director of Informatics
820 Jorie Boulevard
Oak Brook, IL 60523
Facsimile: 630-571-7837
reporting@rsna.org


Appendix A

RSNA Radiology Reporting Templates

Release Versions The RSNA Radiology Reporting Templates are current as of the date they are downloaded from the RSNA Radiology Reporting Website. The RSNA Radiology Reporting Templates are currently available at http://www.rsna.org/reporting/.

File Format Conversion RSNA Radiology ReportingTemplates are file format independent. File format conversions, such as conversions of RSNA Radiology Reporting Templates as a whole to an alternative representation from their released versions, are not considered original works of authorship.

Any distribution by the Licensee of File Format Conversion shall include the Copyright Notice in Appendix B of this license.

In naming the File Format Conversions, the title shall use RSNA Radiology Reporting as the first element of the title. Examples of titles would be: "RSNA Radiology Reporting: General Hospital Chest X-Ray" or "RSNA Radiology Reporting: University Healthcare Spinal CT."

Acceptance of Conditions

By downloading, copying, modifying, displaying, distributing or using RSNA Radiology Reporting Templates, the Licensee indicates acceptance of all of the terms and conditions of this Agreement.

Appendix B

Copyright Notice Included in RSNA Radiology Reporting Templates The text should be enclosed in the appropriate comment syntax for the file format.

Copyright (c) 2009, Radiological Society of North America, Inc. (RSNA)

ALL RIGHTS RESERVED

This file is part of the "RSNA Radiology Reporting Templates."

The "RSNA Radiology Reporting Templates" are licensed without charge under the RSNA's license agreement (the "License"); you may not use this file except in compliance with the License.

You may obtain a copy of the License at:

http://www.rsna.org/reporting/

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and limitations under the License.


[This is the end of the official RSNA Radiology Reporting Template License]