UNIVERSITY OF IOWA COLLEGE OF DENTISTRY AND DENTAL CLINICS END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER
ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED
REPRESENTATIVE) AND THE UNIVERSITY OF IOWA COLLEGE OF DENTISTRY AND DENTAL CLINICS
(“COD"). PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS.
THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS. BY CHECKING THE AGREEMENT CHECKBOX BELOW OR
DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE PROGRAM FROM THE
UNIVERSITY OF IOWA COLLEGE OF DENTISTRY, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD,
INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
SOFTWARE: As used in this Agreement, the term "software" refers to The College of
Dentistry's Radiology Consultant software. The term "software" also shall include all
updates, upgrades, and new versions of the software provided or made available to you by
the COD. The software is deemed accepted by you upon creating an account on the software
website.
SUBSCRIPTION PERIOD: You acknowledge that your license to the software will commence on
the day you create your account and continue until you choose to not use the software,
your account is in arears in payments or the COD decides to shut down the service.
GRANT OF LICENSE: Subject to the terms and conditions of this Agreement, the COD hereby
grants you a personal, limited, non-exclusive, non-transferable license to use the
software solely internally and only for your own dental practice.GRANT OF LICENSE:
Subject to the terms and conditions of this Agreement, the COD hereby grants you a
personal, limited, non-exclusive, non-transferable license to use the software solely
internally and only for your own dental practice.
SERVICES: During the period in which you use the software, you will be eligible to
receive technical support and such web-based training or other additional services as
COD may, in COD's own discretion, make available to you. In the event that you wish to
cancel your account, please email your intentions to
DENTISTRYRADIOLOGYCONSULT@IOWA.UIOWA.EDU. Upon receipt of your cancellation notice you
will be billed for all past and current amounts immediately that are due when we
received the cancellation notice.
USE OF PATIENT INFORMATION: If you create, transmit, or display health or other
information while using the software, you may provide only information that you own or
have the right to use. When you provide your information through the software, you give
COD a license to use and distribute it in connection with COD services. Health care
providers are required to obtain consent before sharing information regarding treatment,
payment, and health care operations. Separate patient authorizations must be obtained
for all non-routine disclosures and non- health related purposes. A history of all
non-routine disclosures must be accessible by the patient. The COD will track all
sharing of patient data and sharing logs will be provided upon request. Reasonable
measures must be taken by the healthcare practitioner to ensure safeguards are in place
to protect the privacy of patient data.
TECHNICAL SUPPORT: The COD will provide you with technical support, free of charge. All
technical support is provided subject to the COD's then-current technical support
policy, and includes such updates to the software as the COD may make generally
available there under from time to time in COD's sole discretion. All updates, upgrades
and new versions of the software shall be governed by this Agreement, unless other
license terms are provided with the update, upgrade or new version.
GENERAL PRIVACY STATEMENT: The COD's privacy policies and procedures are set forth in
the Privacy Policy (College of Dentistry Privacy Policy set out in
www.dentistry.uiowa.edu). You agree that you shall comply with the College of Dentistry
Privacy Policy. The COD reserves the right to change the provisions of the Privacy
Policy at the web address set forth above and will use reasonable efforts to notify you
of any changes to the Privacy Policy to your email address. Use of the software
following the posting of and our transmission to you of notice of such changes to the
Privacy Policy will constitute your acceptance of any changes.
HEALTH INFORMATION LEGISLATION: You acknowledge that by acceptance of the license
granted by this agreement that you will enter into any agreement(s) as required by
applicable federal or state law including, but not limited to, the Health Insurance
Portability and Accountability Act (HIPAA) and relevant federal and state legislations
relating to Health Information.
PERSONALLY IDENTIFIABLE INFORMATION: You acknowledge that acceptance of the license
granted by this Agreement, that the personally identifiable information that could
potentially be exposed to and from such End Users' use of the software and shall agree
and shall cause any third party developers to agree to industry standard data protection
provisions with respect to treatment and protection of such personal information in its
agreement with such end users.
INDEMNIFICATION: You shall indemnify, defend and hold harmless the COD, its affiliates,
partners, suppliers and licensors and each of their respective officers, directors,
agents and employees (the “Indemnified Parties”) from and against any claim, proceeding,
loss, damage, fine, penalty, interest and expense (including without limitation,
reasonable fees for attorneys and other professional advisors) arising out of or in
connection with the following: (i) your breach of this Agreement, (ii) your violation of
law; (iii) your negligence or willful misconduct; or (iv) your violation of the rights
of a third party, including the infringement by you of any intellectual property or
misappropriation of any proprietary right or trade secret of any person or entity. These
obligations will survive any termination of the Licensee.
LICENSE RESTRICTIONS: You acknowledge that the license granted by this Agreement extends
only to your use of the features and functionality of the COD software. You shall not
directly or through others, do any of the following: (i) reverse engineer, decompile, or
disassemble the software or otherwise attempt to derive or discover its source code;
(ii) modify or create derivative works based upon the software, in whole or in part;
(iii) distribute copies of the software; (iv) remove any proprietary notices, legends or
labels on the software; (v) resell, lease, rent, transfer, sublicense, assign or
otherwise transfer rights to the software; (vi) use the software on behalf of third
parties, whether on a service bureau or time sharing basis or otherwise; (vii) or use
the software for litigation or practice valuation purposes or for any other use not
expressly permitted by the Documentation. Any use in violation of this Section shall
immediately terminate your license to the software.
TITLE: You agree that no title to the intellectual property in the software is
transferred to you. Except for the limited license expressly granted to you by this
Agreement, the COD retains all rights, title and interest, including all intellectual
property rights, in and to the software. The software is protected by intellectual
property laws of the United States and other countries and by international treaties.
All rights not expressly granted by this Agreement to you are reserved by the COD. There
are no implied rights.
WARRANTY DISCLAIMER: The COD makes no warranties, whether statutory, express or implied,
to you regarding the software and are being provided to you “as is” without warranty of
any kind. You acknowledge that the entire risk as to the quality and performance of the
software and/or subscription services is with you. The COD disclaims and excludes any
and all warranties, whether express, implied or statutory, including, without
limitation, the implied warranties of title, satisfactory quality, noninfringement of
third party rights, merchantability and fitness for a particular purpose.
RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: The COD does not guarantee
that use of the software will meet your needs or requirements or be uninterrupted or
error-free, that all defects or errors in the software will be corrected, that any
information or output provided by the software will be accurate or complete, that the
software will work in all locations. Certain features of the software may not be
forward-compatible with future versions of the software and use of such features with
future versions of the software may require use of the applicable future version of the
software. The COD assumes no responsibility, and shall not be liable, for any action or
inaction taken in reliance on the use of the software. You agree to not use
inflammatory, incendiary, inappropriate or foul language, or take any actions that
defame or negatively portray the COD in the marketplace.
CONSEQUENTIAL DAMAGES WAIVER: In no event shall the COD be liable to you or any third
party for any consequential, special, incidental or indirect damages of any kind arising
out of or relating to the software or subscription services or the use thereof
(including, but not limited to damages or costs incurred as a result of loss of time,
loss of data, loss of profits or revenue, loss of patients, decrease in profitability,
or loss of use of the software of subscriptions services or other economic loss).
Regardless of the form of action, whether in contract, tort (including negligence), or
otherwise, even if the COD has been advised of the possibility of such damages, and
notwithstanding any failure of the essential purpose of this agreement or any limited
remedy hereunder.
LIMITATION ON LIABILITY: In no event will the COD liability for any claim, whether for
breach of contract or warranty, tort (including negligence). You agree that the COD will
not be liable for any damage that you may suffer in connection with the termination of
the software or your inability to access and use the software. The limitations in this
agreement are comprehensive and all examples are illustrative and not exhaustive. The
provisions in this agreement reflect the allocation of risks between the parties. This
section and the consequential damage waiver section are an essential element of the
basis of the bargain between the parties.
TERMINATION: This Agreement shall remain in effect during the entire time you use the
software. Notwithstanding the foregoing, this Agreement will terminate automatically if
you fail to comply with the terms of this Agreement. No notice shall be required from
the COD to effect such termination. You may also terminate this Agreement at any time by
notifying the COD in writing either via (i) by written correspondence to the address
below or (ii) email to DENTISTRYRADIOLOGYCONSULT@IOWA.UIOWA.EDU of your request for
termination.
PROTECTED PATIENT DATA: The College of Dentistry's Privacy Practices can be found below.
Privacy of Protected Health Information: The University of Iowa College of Dentistry and
Dental Clinics is required by law to maintain the privacy of protected health
information (known throughout this notice as PHI), to provide individuals with notice of
our legal duties and privacy practices with respect to protected health information, and
to notify affected individuals following a breach of PHI. We must follow the privacy
practices that are described in this Notice while it is in effect. This Notice takes
effect May 30, 2015 and will remain in effect until it is replaced. This requirement
applies to all patients served by the University of Iowa College of Dentistry and Dental
Clinics and health information held by the University of Iowa College of Dentistry and
Dental Clinics. We reserve the right to change our privacy practices and the terms of
this Notice at any time, provided such changes are permitted by applicable law, and to
make new Notice provisions effective for all protected health information that we
maintain. When we make an important change to our privacy practices, we will change this
Notice and post the new Notice on our website at www.dentistry.uiowa.edu . We will
provide copies of the new Notice upon request. You may request a copy of our Notice at
any time from our clinic desks. For more information about our privacy practices, or for
additional copies of this Notice, please contact us using the information listed at the
end of this Notice.
Uses and Disclosures of Protected Health Information: We may disclose your health
information for different purposes, including treatment, payment and healthcare
operations. The following examples describe the categories of our uses and disclosures.
Please note that not every use or disclosure in each category is listed.
Treatment: We may use and disclose your medical/dental information to a dentist,
physician, or other healthcare provider in our healthcare team who are involved in your
care. Different healthcare professionals, such as pharmacists, lab technicians, and
radiology technicians, may also share information about you in order to coordinate your
care. In addition, we may send information to a dentist or physician who referred you to
the University of Iowa College of Dentistry, or other healthcare providers not
affiliated with the College of Dentistry who are involved with your care. At all times
we will comply with any regulations that apply.
Payment: We may use and disclose your PHI to bill and collect payment for the treatment
and services provided to you. For example, we may provide PHI to an insurance company or
other third party payors in order to file a claim in your behalf or obtain approval for
treatment.
Healthcare Operations: We may use and disclose your PHI as part of our routine
operations. For example, healthcare operations include quality assessment and
improvement activities, conducting training programs, and licensing activities.
Business Associates: We may share your health information with others called “business
associates,” who perform services on our behalf. The Business Associate must agree in
writing to protect the confidentiality of the information. For example, we may share
your health information with a company that prints and mails billing statements for the
services we provide to you.
Appointment Reminders and Health related Benefits or Services: We may use your PHI to
provide appointment reminders such as voicemail messages, postcards, letters or emails.
Individuals Involved in Your Care or Payment for Your Care: We may disclose your PHI to
your family, friends or any other individual identified by you when they are involved in
your care or in the payment for your care. Additionally, we may disclose information
about you to your representative. If a person has the authority by law to make
healthcare decisions for you, we will treat your representative the same way we would
treat you with respect to your health information.
Disaster Relief: We may use or disclose your PHI to assist in disaster relief efforts.
Required by Law: We may use or disclose your PHI when we are required to do so by law.
National Security: We may release your PHI to authorized federal officials when required
by law. This information may be used to protect the President, other authorized persons
or foreign heads of state, to conduct special investigations, for intelligence and other
national security activities authorized by law. We may disclose to correctional
institutions or law enforcement officials having lawful custody of an inmate or patient.
Secretary of HHS: We will disclose your PHI to the Secretary of the U.S. Department of
Health and Human Services when required to investigate or determine compliance with
HIPAA.
Responding to Law enforcement and Legal Process: We may disclose your PHI to government
agencies and law enforcement personnel when the law requires it.
Judicial and Administrative Proceedings: If you are involved in a lawsuit or a dispute,
we may disclose your PHI to a court or administrative order. We also may disclose health
information about you in response to a subpoena, discovery request, or other lawful
process instituted by someone else involved in the dispute, but only if efforts have
been made, either by the requesting party or us, to tell you about the request or to
obtain an order protecting the information requested.
Public Health Activities: We may disclose your PHI for public health activities,
including disclosures to: Prevent or control disease, injury or disability; report child
abuse or neglect; report reactions to medications or problems with products or
appliances; notify a person of a recall, repair, or replacement of products or
appliances; notify a person who may have been exposed to a disease or condition; notify
the appropriate government authority if we believe a patient has been the victim of
abuse, neglect, or domestic violence and report a death.
Worker's Compensation: We may disclose your PHI to the extent authorized by and to the
extent necessary to comply with laws relating to worker's compensation or other similar
programs established by law.
Health Oversight Activities: We may disclose your PHI to an oversight agency for
activities authorized by law. These oversight activities include audits, investigations,
inspections and credentialing, as necessary for licensure and for the government to
monitor the healthcare system, government programs and compliance with civil rights
laws.
Research: We may disclose your PHI to help conduct research when the research has been
approved by an institutional review board or privacy board that has reviewed the
research proposal and established protocols to ensure the privacy of your information.
Coroners, Medical Examiners and Funeral Directors: We may release your PHI to a coroner
or medical examiner. This may be necessary to identify a deceased person or determine
the cause of death. We may also disclose PHI to funeral directors consistent with
applicable law to enable them to carry out their duties.
Disclosures to Family, Friends, or Others: You may authorize us to provide your PHI to a
family member, friend, or other person in writing by signing our Authorization for
Release of Protected Health Information. The signed authorization form states who is
involved in your dental care and/or your financial payments. We will also obtain your
written authorization before using or disclosing your PHI for purposes other than those
provided for in this Notice (or as otherwise permitted or required by law). You may
revoke an authorization in writing at any time. Upon receipt of the written revocation,
we will stop using or disclosing your PHI, except to the extent that we have already
taken action.
Patient Rights Regarding Protected Health Information
Access: You have the right to review or get copies of your PHI. To obtain access to your
PHI you must make the request in writing by using our Consent to Release Health
Information authorization form or sending a letter to the Privacy Official. You may
obtain a form to request access by using to the contact information listed at the end of
this Notice. A reasonable cost-based fee will be charged to make copies of radiographs,
facsimiles, or other formats of PHI. If you are denied a request for access, you have
the right to have the denial reviewed in accordance with the requirements of applicable
law.
Request restrictions: You have the right to request additional restrictions on our use
or disclosure of your PHI by submitting a written request to the Privacy Official listed
at the end of Notice. Your written request must include (1) what information you want to
limit, (2) whether you want to limit our use, disclosure or both, and (3) to whom you
want the limits to apply. We are not required to grant your request except in the case
where the disclosure is to a health plan for the purposes of carrying out payment or
healthcare operations and the information pertains solely to a healthcare item or
service for which you, or a person on your behalf (other than the health plan) has paid
us in full. If you pay for a service or dental care item out-of-pocket in full, you can
request us not to disclose your PHI to your insurance company unless a law requires us
to share your information. You may notify our Business Office at the contact information
at end of this Notice to request this.
Disclosure accounting: With the exception of certain disclosures, you have the right to
receive an accounting of disclosures of your health information in accordance with
applicable laws and regulations. To request an accounting of disclosures of your health
information, you must submit your request in writing to the Privacy Official listed at
the end of this Notice. If you request this accounting more than once in a 12-month
period, we may charge you a reasonable, cost-based fee for responding to the additional
requests.
Request confidential communications: You have the right to request that we communicate
with you about your health information by alternative means or at alternative locations.
You must make your request in writing and must specify the alternative means or
location, and provide satisfactory explanation of how payments will be handled under the
alternative means or location (see Business Office contact information listed at the end
of this Notice). We will accommodate all reasonable requests. However, if we are unable
to contact you using the ways or locations you have requested, we may contact you using
the information we have.
Amend information: You have the right to request that we amend your PHI. Your request
must be in writing, and it must explain why the information should be amended. This
request should then be sent to the Privacy Official contact information listed at the
end of this Notice. If we agree to your request, we will amend your record(s) and notify
you of such. If we deny your request for an amendment, we will provide you with a
written explanation of why we denied it and explain your rights.
Notification of a breach: You will receive notifications of breaches of your PHI as
required by law.
Electronic notice: You may receive a paper copy of this Notice upon request, even if you
have agreed to receive this Notice electronically on our Web site or by electronic mail
(email).
Questions and Complaints
You may contact us if:
- You would like more information about our privacy practices.
-
You wish to comment on a request you made to amend, restrict the use or disclosure of
your PHI.
- You disagree with a decision we have made about access to your PHI.
- You feel that we may have violated your privacy rights.
To file a complaint with the College of Dentistry and Dental Clinics, contact the
Privacy Official listed in the contact information at the end of this Notice. We support
your right to the privacy of your PHI. You also may submit a written complaint to the
U.S. Department of Health and Human Services at the address at the end of this Notice.
We will not retaliate in any way if you choose to file a complaint with us or with the
US Department of Health and Human Resources.
Contact Information
Privacy Officer
University of Iowa College of Dentistry and Dental Clinics
440 DSB West
Iowa City, IA 52242
GENERAL: If any provision of this Agreement is held to be illegal, invalid or
unenforceable, that provision shall be deemed amended to achieve as nearly as possible
the same economic effect as the original provision, and the legality, validity and
enforceability of the remaining provisions of this Agreement shall not be affected or
impaired thereby. No term or provision hereof will be considered waived by either party,
and no breach excused by either party, unless such waiver or consent is in writing
signed on behalf of the party against whom the waiver is asserted. No consent by either
party to, or waiver of, a breach by either party, whether express or implied, will
constitute a consent to, waiver of, or excuse of any other, different or subsequent
breach by either party.
The section titles in this Agreement are solely used for the convenience of the parties
and have no legal or contractual significance. This Agreement is prepared and executed
in the English language only, which language shall be controlling in all respects. Any
translations of this Agreement into any other language are for reference only and shall
have no legal or other effect.
This Agreement will be governed by and construed in accordance with the laws of the
State of Iowa. You agree that this is the final and exclusive agreement between you and
the COD with respect to the subject matter hereof, and that it supersedes, and its terms
govern, all prior or contemporaneous understandings, agreements, proposals, or other
communications between the COD and you, whether written or oral, relating to the subject
matter of this Agreement. This Agreement may be amended, modified or supplemented only
by a writing that is signed by the authorized representatives of both parties.
You may not assign any right or delegate any performance under this Agreement without
the express prior written consent of the COD. All assignment of rights and delegation of
performance are prohibited. Any attempt by you to assign your right or delegate your
duties under this Agreement, whether by contract, operation of law or otherwise, without
such consent are void. Subject to the foregoing, this Agreement will bind and inure to
the benefit of the parties and their respective successors and permitted assigns.