T-System, Inc.

Legal

ACCEPTANCE OF TERMS.

Please read the following Terms and Conditions of Use (the “Terms”) before using this Web Site. These Terms apply to this Internet site (the “Web Site”) and any other Web sites provided by T-System Technologies, Ltd. (“TTL”) or T-System, Inc. (“TSI”). TTL and TSI may be together referred to as “The T-System”, “We” or “Us.” You may be referred to as “You” or the “User.” If you do not agree to these Terms, do not use this Web Site or any other Web sites provided by TTL or TSI.

The use of this Web Site, and any services we provide to you, are subject to these Terms. We reserve the right to update these Terms at any time without notice. The current version of these Terms can be reviewed by clicking on the "Terms and Conditions" link located on one or more of the pages of this Web Site.

DESCRIPTION OF SERVICES. Through this Web Site, we provide you with access to a variety of resources and information, including download areas (collectively, "Internet Services"). The Internet Services, including any updates, enhancements, new features, and the addition of any new World Wide Web (“Web”) pages, are subject to these Terms.

PRIVACY POLICIES. See the Statement of Privacy disclosures relating to the collection and use of your information, which can be reviewed by clicking on the "Privacy Policy" link located on one or more of the pages of this Web Site.

DESIGN OF WEB SITES. The design and layout of this Web Site and any other T-System Web Site is the proprietary property of TTL or TSI. Elements of our Web Sites are protected by trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or focument from this Web Site may be copied or retransmitted without our express permission.

NOTICE AS TO SOFTWARE AND PAPER SYSTEM. Any software that is made available by us ("Software") is the copyrighted work of TTL, TSI or their suppliers. The “Paper System” means The T-System, a paper documentation system for physicians, and The T-System for nurses, a paper documentation system for nurses, both developed and owned by TSI. Use of the Software or the Paper System is governed by the terms of the separate written license agreement ("License Agreement") applicable to the Software or the Paper System executed by TTL or TSI and the licensee that operates the Facility for which it was licensed. The term “Facility” means a clinical facility (such as emergency department, fast-track area, urgent care center or primary care facility) for which Software or the Paper System is licensed pursuant to a License Agreement. These terms apply to the use of the Web Site and the Internet Services, and they do not amend any License Agreement.

Ownership of the Software and the Paper System. The Software is the sole property of TTL, and the Paper System is the sole property of TSI, and no title to or ownership of either the Software or the Paper System, or any part of the Software or the Paper System, is being transferred to you or anyone else. The Software and the Paper System are protected by copyright laws and treaties, and other intellectual property laws and treaties, and may only be used in compliance with those laws and treaties. All title to, ownership of, and copyrights in the Software (including, but not limited to, any images, photographs, animations, video, audio, music, text, source code, object code, “applets” and other proprietary components of the Software), any modifications, adaptations or derivatives thereof, the accompanying printed materials, and any copies of the Software are reserved to TTL. All title to, ownership of, and copyrights in the Paper System (including, but not limited to, any images, text, and other proprietary components of the Paper System), any modifications, adaptations, or derivatives thereof, the templates and other printed materials, and any copies of the Paper System are reserved to TSI. You agree not to (i) sell, loan, rent, license, distribute, assign, or otherwise transfer the Software or the Paper System; (ii) install or use the Software or the Paper System, or any system derived from either, at any location (other than a Facility for which a License Agreement exists, and then only pursuant to that License Agreement); or (iii) develop any system derived from the Software or the Paper System. All rights not specifically granted by a separate License Agreement are reserved by TTL as to the Software, and TSI as to the Paper System.

Limitations on Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web Site or the Internet Services. You may not allow any of the template forms and other documentation of this Web Site or the Paper System (including copyright notices) to be deleted or modified without our prior written consent. You may not install or use the Software or the Paper System anywhere other than the Facility for which it was licensed, or use the Software or the Paper System to create or process records for patient encounters not occurring at that Facility or data for any person or entity other than the licensee under the applicable License Agreement that allows the licensee to use the Software or the Paper System at the Facility. Any reproduction or redistribution of the Software or the Paper System not in accordance with the applicable License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted.

No Clinical Responsibility. No physician/patient relationship is established with TTL or TSI, or any contractor, agent, employee, officer, director, shareholder or supplier of them. The Software and the Paper System are not intended to replace or guide professional clinical judgment of any health care professional. This Web Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained in this Web Site for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional.

No Coding Responsibility. The Software and the Paper System are not intended to be used as a coding or billing system or as a substitute for the professional judgment of properly trained and supervised human coders. TTL and TSI will not be responsible for any fines, penalties, expenses (including, but not limited to, attorneys’ fees), or other liabilities that result from any violation or alleged violation, by any user or licensee, or affiliated entities or individuals, of any coding or documentation guidelines, procedures or rules of Medicare, Medicaid, Centers for Medicare & Medicaid Services, other federal agencies, insurance companies, or other payors.

Disclaimer. EXCEPT AS MAY BE EXPRESSED IN THE APPLICABLE LICENSE AGREEMENT, TTL AND TSI HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SOFTWARE AND THE PAPER SYSTEM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THERE ARE NO WARRANTIES AS TO THE SOFTWARE OR THE PAPER SYSTEM, BOTH OF WHICH ARE PROVIDED "AS IS" AND WITHOUT ANY IMPLIED WARRANTY OF ANY KIND. TTL, TSI AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR INFORMATION, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PAPER SYSTEM.

Third Party Software or Hardware. You assume all risks associated with any use of third-party software and hardware of any kind, and agree that we will not be liable for any damages arising out of errors caused by any third-party software or hardware. We do not provide handwriting-recognition or speech-recognition software. If any such software is used by you, you acknowledge that recognition errors are inherent in handwriting-recognition and speech-recognition software, and that it is the user’s responsibility to monitor the output of the software and to identify and correct any errors. For your convenience, we may make tools and utilities available as part of the Internet Services or the Software. We do not make any assurances with regard to the accuracy of the results or output from the use of any such tools and utilities.

No Patient Health Information. You agree not to transmit any patient health information to TSI or TTL, and not to post any patient health information on any portion of this Web Site.

Notice to U.S. Government Users. Pursuant to 48 CFR 12.212 and 48 CFR 227.7202-1, -3 and -4, the Software is restricted "commercial computer software" that has been developed exclusively at private expense, is provided with restricted rights, and may not be used, reproduced or disclosed by the Government except as expressly stated in the applicable License Agreement. In addition to the limitations in 48 CFR 52.227-19(c)(1) and (2), the Software may be used only in computers located at the Facility for which it was licensed. Unpublished -- rights reserved under the copyright laws of the United States. The manufacturer is T-System Technologies, Ltd., 4020 McEwen Drive, Suite 200, Dallas, TX 75244.

No Export. You may not, directly or indirectly, export or transmit the Software or any part thereof (including technical data) outside of the United States without first obtaining: (1) written permission of TTL; and (2) any required license, consent or authorization from the U.S. Commerce Department, Bureau of Export Administration, or any other applicable governmental authority.

NOTICE AS TO DOCUMENTS AVAILABLE ON THIS WEB SITE

As to any brochures, training materials, white papers, press releases, datasheets, answers to questions, and other documents available on this Web Site (“Documents”) you agree that: (1) you will not remove the copyright notice from any copies of the Documents; (2) use of the Documents is for your personal use only and will not be copied or posted on any network computer or broadcast in any media; and (3) you will not make any modifications of any of the Documents. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted.

TTL, TSI AND THEIR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE INTERNET SERVICES FOR ANY PURPOSE. ALL DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TTL, TSI AND THEIR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THIS INFORMATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TTL, TSI AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR INFORMATION, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE DOCUMENTS AND INFORMATION AVAILABLE FROM THIS WEB SITE AND THE INTERNET SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE INTERNET SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE DOCUMENTS AND AVAILABLE AT THIS WEB SITE. TTL, TSI AND THEIR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE DOCUMENTS, PRODUCTS AND SERVICES DESCRIBED IN, OR AVAILABLE AT, THIS WEB SITE AT ANY TIME.

MEMBER ACCOUNT, PASSWORD, AND SECURITY. If any of the Internet Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information. You may be assigned or required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time.

NO UNLAWFUL OR PROHIBITED USE. You may not use the Internet Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Internet Services in any manner that could damage, disable, overburden, or impair any T-System server, or the network(s) connected to any T-System server, or interfere with any other party's use of any Internet Services. You may not attempt to gain unauthorized access to any Internet Services, other accounts, computer systems or networks connected to any T-System server or to any of the Internet Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Internet Services.

LINKS TO THIRD PARTY SITES. As to any link on a T-System Web site that leads to a third party site, we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site.

AVALABILITY. This Web Site and the Internet Services are intended as a convenience, and we do not guaranty that the Web Site or the Internet Services will be available all of the time.

COPYRIGHT NOTICE. © 2010 T-System, Inc. : © 2010 T-System Technologies, Ltd.

TRADEMARKS. The T-System® and The T SystemEV® are registered trademarks of T-System, Inc. and are used under license by T-System Technologies, Ltd. The names of other companies and products mentioned in this Web Site may be the registered trademarks or other intellectual property of their respective owners.

Any rights not expressly granted in these Terms are reserved.

If you have questions, please contact us.