Consent to License - Please read the text below carefully and ensure that appropriate operational leads at your organization review it. This describes how Problem Concept Maps are intended to be used.* DRAFT: License for Problem Concept Maps
Copyright Notice and License
The Problem Concept Maps are copyright © yyyy-yyyy, Board of Regents of the University of Wisconsin System.
The SNOMED-CT codes are copyright © yyyy-yyyy, IHTSDO.
The LOINC® codes are copyright © 1995-2018, Regenstrief Institute, Inc. and the Logical Observation Identifiers Names and Codes (LOINC) Committee. All rights reserved. LOINC® is a registered United States trademarks of Regenstrief Institute, Inc.
The National Library of Medicine (NLM) creates the RxNorm normalized names and codes (e.g. RXCUI) and is in the public domain as it is created by the U.S. government.
Public domain information may be freely distributed and copied within and outside the U.S., but it is requested that in any subsequent use, NLM be given appropriate acknowledgement.
IMPORTANT NOTICE FOR USERS
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.
By clicking “agree” on the problemlist.org website, You (“You” or “user”) agree to the terms and conditions for permitted uses of the Problem Concept Maps (the “Maps”) and enter into this Agreement (the “Agreement”) with the Board of Regents of the University of Wisconsin System on behalf of the Center for Problem Concept Maps at the University of Wisconsin-Madison.
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 following terms and conditions:
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. User may not redistribute the Maps or map content as a table, as an application programming interface, or in any other format. For avoidance of doubt, User may incorporate information contained within the Maps into electronic health records software and terminology software for distribution to its customers.
4. Users shall not change the name of, or any contents of, any fields in the Maps. Users may add new fields to the Maps database to attach additional information to existing Maps.
5. A User may delete records from the Map table to deal with the User's local requirements. A User also may add new records to the Map table to deal with the Users' local requirements. Records deleted or added by Users 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 provided by third parties. User must comply with any and all license terms applicable to such third party content and is responsible for monitoring such licenses to ensure that User is aware of any modifications or changes to such licenses. Additional information about third party licenses is included at the end of this agreement.
7. In the event that a User wishes to incorporate the Maps into a product offered to a third party organization, User must ensure that a representative from any such organization acknowledges and agrees to the terms of this Agreement.
8. User 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: xxxxxx.xxxxxx.
9. User is responsible for keeping contact information up to date so the Center for Problem Concept Maps can communicate any information it deems important to Users.
10. The Center for Problem Concept Maps welcome requests for new Map content (additional LOINC and RxNorm codes for association with clinical problems).
11. 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.
12. 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. User is responsible for reviewing the problemlist.org website to ensure that User is aware of any changes.
13. Disclaimer of Warranties. The MAPS ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. INFORMATION FOR THE MAPS WILL BE ASSEMBLED FROM THE CONTIBUTIONS 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, NON-INFRINGEMENT, 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 THEIR ABILITY TO MEET A USER’S NEEDS.
14. Assumption of Risk; Limitation of Liability. USER IS RESPONSIBLE FOR ENSURING THAT ITS USE OF THE MAPS IS IN COMPLIANCE WITH ANY LAWS OR REGULATIONS APPLICABLE TO USER RELATED TO SUCH USE, AND FOR ANY AND ALL DAMAGES OR LIABILITY ASSOCIATED WITH USER’S 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 PROBLEM CONCEPT MAPS AND ANY DECISIONS YOU MAY MAKE AS A RESULT OF USING THE PROBLEM CONCEPT 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.
15. 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 User), User 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 User’s use of the Maps .
16. Reformation and severability. f any part of this agreement is deemed unenforceable or invalid under applicable law, 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.
17. 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.
Notice of Third Party Content and Copyright Terms
Problem Concept Maps depict relationships between clinical problems and related data. Users of PCMs will need to insure they have an authorized license for three components:
1. SNOMED or Other Vocabulary for Clinical Problems
The PCM database supplies a SNOMED Definition for each clinical problem. PCM implementers may choose to use this SNOMED definition, or may use another vocabulary for clinical problems.
If the implementer 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-snomed-ct 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. Implementers of Problem Concept maps will need to 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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