License Agreement

 


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LICENSE FOR PROBLEM CONCEPT MAPS
Copyright Notice and License
The Problem Concept Maps are copyright © 2020, Board of Regents of the University of Wisconsin System. The Problem Concept Maps contain material created by third parties as identified in the “Notice of Third Party Content and Copyright Terms” below and may only be used pursuant to the terms of use associated with such content.
The Problem Concept Maps use publicly available data courtesy of the U.S. National Library of Medicine (NLM), National Institutes of Health, Department of Health and Human Services; NLM is not responsible for the Problem Concept Maps and does not endorse or recommend it or any other product. The data contained within the Problem Concept Maps may not reflect the most current or accurate data available from NLM.
The Problem Concept Maps (the “Maps”) are made available under the terms of this license as a service to the public by The Center for Problem Concept Maps at the University of Wisconsin-Madison in connection with the University of Wisconsin-Madison’s outreach mission. The Maps represent a knowledge base of medications and diagnostic tests that are commonly associated with particular medical conditions, as determined by consensus of physicians contributing to development of the Maps. The Maps do not represent every possible medication, diagnostic test or relevant data that may be associated with a particular condition in general or for a specific patient. As such, the use of the Maps in any problem-oriented view of information contained within a patient’s electronic health record is not a substitute for a comprehensive review of a patient’s entire medical record by a qualified medical professional.
In addition, the Maps are intended for informational purposes only in an electronic health record to summarize diagnostic test information and medication treatment for tests that have already been performed and treatments that are already underway. The Maps are not intended to be used to provide guidance about selection of diagnostic tests or medication treatments. Medications, diagnostic tests, and other relevant data that are or have been commonly associated with medical conditions do not necessarily represent the current standard of care as such information may change over time. The maps are not a substitute for professional medical advice or a medical professional’s independent evaluation and clinical judgment.
TERMS AND CONDITIONS
In order to use the Problem Concept Maps, you (“You” or “User”) must agree to the applicable terms and conditions below.
DEFINITIONS
End User—a business entity who incorporates the Maps into a system for clinical use, such as an EHR used by the entity, or an individual who downloads the maps for education, scholarly research, personal use, curiosity or otherwise.
Commercial Entity-a business entity that incorporates the Maps into an electronic health record or healthcare terminology software for the purpose of distributing the software to an End User or other third party.
Terms for Everyone
1. You may download and use the Maps for research and educational purposes, and incorporate the information contained within the Maps into electronic health records and healthcare terminology software for commercial or non-commercial purposes, subject to the terms and conditions of this Agreement.
2. To prevent the dilution of the purpose of the Center for Problem Concept Maps of providing a definitive standard for relationships between problems and relevant data, You shall not use any of the Maps for the purpose of developing or promulgating a different standard for relevant data related to clinical problems.
3. You may not redistribute the Maps or map content as a table, as an application programming interface, or in any other format.
4. You shall not change the name of, or any contents of, any fields in the Maps. You may add new fields to the Maps database to attach additional information to existing Maps.
5. You may delete records from the Map table to deal with Your local requirements. You may also add new records to the Map table to deal with Your local requirements. Records deleted or added by You to deal with local requirements are not reflected in the official Maps Database maintained by the Center for Problem Concept Maps.
6. The Maps contain information created by third parties. You must ensure that You have obtained any and all licenses necessary for Your use of the third-party content and You are responsible for compliance with any and all license terms applicable to such third-party content. You are responsible for monitoring such licenses to ensure that You are aware of any modifications or changes to such licenses. Additional information about third party licenses is included below in the Notice of Third-Party Content and Copyright Terms.
7. You may not translate any of the Maps into a language other than English without permission from the Center for Problem Concept Maps. Permission may be requested via email at: problemconceptmaps@med.wisc.edu.
8. You are responsible for notifying the Center for Problem Concept Maps of any change in contact information so it can communicate any information it deems important to You.
10. The names “Problem Concept Maps” and “Center for Problem Concept Maps” may not be used in a way which could be interpreted as an endorsement or a promotion of any product or service without prior written permission of the Center for Problem Concept Maps. Further, no right to use the other trademarks of the University of Wisconsin-Madison is licensed hereunder. To request written permission, please contact contact@umark.wisc.edu.
11. Modifications to Agreement. The Center for Problem Concept maps reserves the right to modify the terms of this Agreement at any time. Any modification or additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Maps will be deemed to be acceptance of such modifications or additional terms. You are responsible for reviewing the problemlist.org website to ensure that You are aware of any changes.
12. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAPS ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. INFORMATION FOR THE MAPS WILL BE ASSEMBLED FROM THE CONTRIBUTIONS OF MANY INDIVIDUALS, AND IT IS NOT POSSIBLE TO GUARANTEE ABSENCE OF ERROR. ANY EXPRESSED OR IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. IN ADDITION, NEITHER THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM NOR CONTRIBUTORS TO THE MAPS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION CONTAINED WITHIN THE MAPS, THEIR FUNCTIONALITY WHEN INTEGRATED INTO AN ELECTRONIC HEALTH RECORD OR HEALTHCARE TERMINOLOGY SOFTWARE, OR THEIR ABILITY TO MEET YOUR NEEDS.
13. Assumption of Risk; Limitation of Liability. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE MAPS IS IN COMPLIANCE WITH ANY LAWS OR REGULATIONS APPLICABLE TO SUCH USE, AND FOR ANY AND ALL DAMAGES OR LIABILITY ASSOCIATED WITH YOUR USE OF THE MAPS. BY USING THE MAPS, OR ANY COMPONENT THEREOF, YOU EXPRESSLY ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE MAPS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS OF ANY KIND OR DESCRIPTION AGAINST THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM, AND ITS OFFICERS, EMPLOYEES, AND AGENTS, AND ANY CONTRIBUTORS TO THE PROBLEM CONCEPT MAPS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MAPS AND ANY DECISIONS YOU MAY MAKE AS A RESULT OF USING THE MAPS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM, OR ITS OFFICERS OR EMPLOYEES OR AGENTS, OR CONTRIBUTORS TO THE MAPS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES (INCLUDING, BUT NOT LIMITED TO, OPPORTUNITY COSTS; LOSS OF USE, DATA, SAVINGS OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF THE USE OF THE MAPS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Hold harmless and indemnification. To the extent authorized by law (taking into account limitations imposed by any state tort claims statute or regulation applicable to You), You will indemnify and hold harmless the Board of Regents of the University of Wisconsin System and its officers, employees, and agents, from any liability, loss, claim, damages or expenses arising from or in connection with Your use of the Maps.
15. Reformation and severability. If any part of this agreement is deemed unenforceable or invalid, such provision shall be reformed to the extent necessary in as similar as terms as possible so as to be valid and enforceable to the fullest extent permitted by law, and the remaining provisions shall remain fully enforceable and valid.
16. Governing law and jurisdiction. This license shall be construed and interpreted in accordance with the laws of the State of Wisconsin, United States of America, excluding its conflicts of law principles. In case of any dispute over the interpretation or the execution of this Agreement, the parties undertake to make every effort to settle their dispute by amicable agreement. If the parties are unable to settle a dispute arising out of or in connection with this Agreement, the territorially competent court shall be that of the place where the defendant resides. Notwithstanding any statement to the contrary herein, nothing in this Agreement shall be construed as a waiver of the sovereign immunity of any state of the United States.
Additional Terms for Commercial Entities
You may incorporate information contained within the Maps into electronic health records software and terminology software for distribution to Your customers.
If You are a Commercial Entity incorporating content from the Maps into a product for distribution to clients or customers, You agree to the terms and conditions governing use of the Maps. You must ensure that a representative of any client or customer obtaining access to the Maps through You acknowledges and agrees to the terms of this Agreement, either by directing such clients to obtain the Maps through the problemlist.org website, or by incorporating the above notice and the terms and conditions of use by reference into Your agreement with clients or customers. You must retain a record of all client or customer agreements that are not made through the problemlist.org website and make such record available to the Center for Problem Concept Maps upon request.
IV. Notice of Third-Party Content and Copyright Terms
Problem Concept Maps depict relationships between clinical problems and related data. End Users of Problem Concept Maps are required by these terms to ensure they have an authorized license for the components below. Commercial Entities are required by these terms to ensure that their incorporation and subsequent distribution of Problem Concept Maps does not violate the licenses listed below:
1. SNOMED or Other Vocabulary for Clinical Problems
The Maps database supplies a SNOMED Definition for each clinical problem. Licensees may choose to use this SNOMED definition, or may use another vocabulary for clinical problems.
If the Licensee uses SNOMED the following conditions apply:
SNOMED Clinical Terms (SNOMED CT®) is used by permission of the International Health Terminology Standards Development Organisation (IHTSDO) under license. All rights are reserved.
SNOMED CT® was originally created by The College of American Pathologists. “SNOMED” and “SNOMED CT” are registered trademarks of the IHTSDO. Use of SNOMED CT content is subject to the terms and conditions set forth in the SNOMED CT Affiliate License Agreement. It is the responsibility of those implementing this product to ensure they are appropriately licensed and for more information on the license, including how to register as an Affiliate Licensee, please refer to http://www.snomed.org/snomed-ct/get-snomedct or info@snomed.org. Under the terms of the Affiliate License, use of SNOMED CT in countries that are not IHTSDO Members is subject to reporting and fee payment obligations.

2. LOINC for Lab and other Clinical Results
LOINC is an important component of Problem Concept Maps. The Regenstrief Institute distributes LOINC free of charge. Licensees of the Maps must follow the LOINC terms of use that are outlined at https://loinc.org/license.
3. RxNorm for Medications
The Unified Medical Language System (UMLS) from the U.S. National Library of Medicine (https://www.nlm.nih.gov/research/umls/) is the source of RxNorm® content and is available to authorized UMLS Metathesaurus Licensees.

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