End User License Agreement
1. Agreement
This End User License Agreement ("Agreement") is a legal agreement between you (an individual or a single entity, "you") and HL7Forge ("Licensor", "we", "us") for the software product HL7Forge, including associated media, printed materials, and electronic documentation ("Software"). By installing, copying, activating a licence for, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.
2. License Grant
Subject to your compliance with this Agreement and payment of any applicable fees, Licensor grants you a limited, non-exclusive, non-transferable licence to install and use the Software, according to the licence tier associated with your licence key:
- Viewer: read-only use, opening, viewing, comparing, and analysing HL7 messages (statistics, gap analysis, query, plain-English explain). Editing, saving, sending, receiving, and data export are disabled. Permitted on machines joined to a Windows domain.
- Personal: full use of all Software features on a single non-domain-joined machine at a time per seat. Not licensed for use on machines joined to a Windows (Active Directory) domain.
- Enterprise: full use of all Software features, licensed per seat, where each seat corresponds to a named user or a machine (whichever your deployment requires more of). Permitted on domain-joined machines.
A free trial licence, where offered, grants Personal-tier functionality for a limited evaluation period from the date of issue, is limited to one trial per email address, and may be withdrawn or altered at any time without notice.
The Software enforces these limits technically (e.g. binding a licence to a specific machine, restricting the number of concurrently active machines to your seat count, and checking whether a machine is domain-joined). You agree not to circumvent, disable, or interfere with this enforcement.
3. Restrictions
You must not, and must not permit others to:
- copy, distribute, rent, lease, sell, sublicense, or otherwise transfer the Software or your licence key to any third party;
- reverse engineer, decompile, or disassemble the Software, except to the extent such restriction is expressly prohibited by applicable law;
- remove, obscure, or alter any proprietary notices on the Software;
- use the Software on more machines, or by more users, than your licence tier and seat count permit; or
- use a Personal-tier or trial licence on a machine joined to a Windows domain.
4. Ownership
The Software is licensed, not sold. Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to trademarks or service marks of Licensor.
5. Not a Medical Device; Clinical Use
The Software is a developer and integration-testing tool intended for use by qualified healthcare IT professionals, developers, and integration engineers. The Software is not a medical device, is not certified or approved by any regulatory body for clinical use, and must not be used in clinical decision-making, direct patient care, or any context where incorrect, incomplete, or delayed data could result in harm to a patient or any other person.
6. Patient Data and Regulatory Compliance
You are solely responsible for the data you process using the Software. You agree not to use real patient data or other protected health information within the Software unless you have the appropriate legal authorisation, data handling agreements, and security controls in place. You are responsible for complying with all applicable data protection and privacy laws in your jurisdiction, including but not limited to the Privacy Act 1988 (Australia), HIPAA (United States), and the GDPR (European Union). Any message sent from the Software to a live or production system is sent at your sole instruction and is your sole responsibility.
7. Data Collected by the Licensing Service
To activate and verify licences, the Software communicates with a licensing server operated by Licensor. This exchange includes your email address, licence key, a one-way hash derived from your machine (not reversible to hardware identifiers), your Software version, and whether the machine is joined to a Windows domain. The Software does not transmit the content of any HL7 message, file you open, or data you process to Licensor at any time. Requesting a free trial additionally sends your email address to Licensor's transactional email provider solely to deliver your trial licence key.
8. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY MESSAGE GENERATED, PARSED, VALIDATED, OR TRANSFORMED BY THE SOFTWARE IS ACCURATE OR FIT FOR ANY PARTICULAR PURPOSE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING ANY HARM ARISING FROM DATA SENT TO A LIVE OR PRODUCTION SYSTEM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LICENCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Indemnification
You agree to indemnify and hold harmless Licensor from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Software, your violation of this Agreement, or your violation of any rights of a third party, including any use of real patient data in breach of Section 6.
11. Term and Termination
This Agreement is effective until terminated. Your rights under this Agreement terminate automatically, without notice, if you fail to comply with any of its terms. Licensor may also deactivate a specific machine or licence for non-payment, fraud, or breach of this Agreement. Upon termination you must stop using the Software and, if requested, confirm its removal.
12. Updates and Support
Licensor may, but is not obligated to, provide updates, bug fixes, or support. Where offered, free updates are limited to your current major version as described on the Licensor's website at the time of your purchase. Support requests can be sent to [email protected]; no specific response time is guaranteed.
13. Export and Sanctions Compliance
You represent that you are not located in, and will not use the Software in, any country or by any person subject to applicable trade sanctions or export restrictions.
14. Governing Law
This Agreement is governed by the laws of Victoria, Australia, without regard to conflict-of-law principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia, except where applicable consumer-protection law grants you rights that cannot be waived or displaced.
15. General
This Agreement constitutes the entire agreement between you and Licensor regarding the Software and supersedes any prior agreements. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full effect. Licensor's failure to enforce any right under this Agreement is not a waiver of that right. You may not assign this Agreement without Licensor's prior written consent. Licensor may amend this Agreement from time to time; material changes will be reflected in an updated version number and effective date, and will require your re-acceptance before continued use of the Software.
16. Contact
Questions about this Agreement can be sent to [email protected].
HL7Forge