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Information Manual
 
 
          

Electronic Patient Records (Pty) Ltd
Open Source Licence Agreement



EPR SOFTWARE LICENCE

1. Introduction.

This License is based on an open source model. Open source licensing relies for its enforcement on copyright and other intellectual property rights which subsist in the licensed work. Accordingly, these rights are not waived or abandoned in any way. Unless You agree to the terms and conditions of the License as set out below, You are not licensed to perform any act which infringes copyright or any other intellectual property right, and the aforementioned rights may be enforced against you in the event of infringement. Accordingly, should You use, reproduce or distribute the Work or Derivative Works, such use, reproduction or distribution will be taken as an indication of Your acceptance of these terms and conditions.

2. Definitions:

  2.1 "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 11 of this document.

  2.2 "EPR" means Electronic Patient Records (Pty) Limited, of 2 Vineyard Avenue, Oakhurst Estate, Hout Bay, Cape Town, South Africa.

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

  2.4 "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.

  2.5 "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

  2.6 "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

  2.7 "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

  2.8 "Work" shall mean the healthcare database management computer program, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

  2.9 "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. Particularly, Derivative Works shall not include any data compiled using the Work or Derivative Works, or any Database.

  2.10 "Database" shall mean a compilation of healthcare-related data compiled or managed using the Work or a Derivative Work.

  2.11 "Anonymous Data" shall mean the compiled data contained in a Database, stripped of information enabling the ascertainment of the identity of any person whose medical record constitutes a component of such compiled data.

  2.12 "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in 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 on electronic mailing lists, source code control systems, 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."

  2.13 "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

3. Grant of License.

  3.1 Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

  3.2 Subject to the terms and conditions of this License, each Contributor hereby grants to You 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, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute 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 You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

  4.1 You must give any other recipients of the Work or Derivative Works a copy of this License; and

  4.2 You must cause any modified files to carry prominent notices stating that You changed the files; and

  4.3 You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

  4.4 If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, 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. You may add Your own attribution notices within Derivative Works that You distribute, 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.

  4.5 You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

  4.6 Notwithstanding anything to the contrary contained in clause 4.5 above or anywhere else in this License, You shall not permit any person to use, reproduce or distribute any Derivative Work unless You include as a condition of such use, reproduction or distribution, a provision substantially identical to clause 5 below in favour of EPR, the benefit of which EPR hereby accepts.

5. Use of Database

In the event that You use the Work or a Derivative Work to create or manage a Database,

  5.1 You undertake to notify EPR forthwith at 2 Vineyard Avenue, Oakhurst Estate, Hout Bay, Cape Town, South Africa, and thereafter provide to EPR the Anonymous Data of any Database compiled by You or under Your control, upon EPR's request from time to time.

  5.2 You consent to EPR using the Anonymous Data provided in terms of clause 5.1 above for statistical and/or research purposes (whether for commercial gain or otherwise), without any consideration to You.

  5.3 You undertake not to provide access to any Database or any Anonymous Data to any person other than EPR, provided that:

    5.3.1 in the event that You transfer Your business of creating or managing such Database to a third party, You are entitled to provide such Database to such third party provided that You thereafter cease to have access thereto Yourself;

    5.3.2 nothing in this clause 5.3 shall prevent You from providing a record in respect of any natural person to that natural person, or to anyone else to whom You are permitted or obliged to provide such natural person's record; and

    5.3.3 in the event that any third party seeks to compel You to provide access to any Database or any Anonymous Data, You shall notify EPR forthwith before providing any such access so as to allow EPR to intervene to protect its interests in such Database or any Anonymous Data.

  5.4 Notwithstanding anything to the contrary contained in this License, failure to comply with clause 5, even if such failure arises by virtue of the illegality of compliance, shall constitute a material breach of the License, and shall entitle EPR to cancel the license granted to you in terms of clause 3 above. BY ACCEPTING THE TERMS OF THIS LICENSE, YOU WARRANT THAT YOU ARE ENTITLED TO PROVIDE THE REQUIRED INFORMATION TO EPR, AND UNDERTAKE TO TAKE WHATEVER STEPS MAY BE NECESSARY IN LAW TO ENABLE YOU TO FULFILL YOUR OBLIGATIONS IN THIS REGARD.

6. Submission of Contributions.

Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

7. Trademarks.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

8. Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, 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. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

9. Limitation of Liability.

In no event and under no legal theory, whether in delict/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 You 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.

10. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You 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, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

11. Governing Law and Jurisdiction

This License shall be subject to the laws of the Republic of South Africa, and any dispute arising therefrom shall be subject to the exclusive jurisdiction of the South African courts.

END OF TERMS AND CONDITIONS


APPENDIX: How to apply the EPR Software License to your work

To apply the EPR Software License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

   Copyright [yyyy] [name of copyright owner]

   Licensed under the EPR Software License (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.ehr.co.za

   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.



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