The following terms and conditions apply in connection with all Applications, but are not specific to any one application:
- NetApp: The NetApp end user license agreement (EULA), which applies to those customers who purchase NetApp equipment or software licenses through Siemens, is available on the NetApp website through the following link:
Unless otherwise agreed between you and Nuance Communications Inc. (“Nuance”), Nuance software, support and hosting, and third-party software and support and related Equipment offered by Nuance and purchased through Siemens (“Nuance Products”) are subject to the terms and conditions of the applicable Nuance Healthcare Master Agreement, including its Exhibits and applicable Schedules (“Nuance Agreement”).
Refer to the Nuance Technology Bid(s) attached to your Agreement/Amendment/Proposal to determine which terms and conditions within the Nuance Agreement, available through the link below, apply to your acquisition of Nuance products.
Additionally, by executing an order with Siemens for Nuance Products, Customer accepts, and is bound by, all of the terms and conditions of the Nuance Agreement. Customer shall comply with all the obligations under the Nuance Agreement, including but not limited to providing of remote access, providing annual exam volume reporting and providing a dedicated, fully-trained System Administrative Contact for PowerScribe 360. Some Nuance Products utilize “Click thru Terms”, in which case the “Click thru Terms” shall become binding upon installation or Customer’s use of the Nuance Products. Nuance is a third party beneficiary of Customer’s order to Siemens to the extent necessary to enforce the terms of the Nuance Agreement. Any purchases of “Third Party Software” or “Third Party Equipment” (as those terms are defined in the Nuance Agreement) through Nuance shall be subject to the terms of the Nuance Agreement or specified third party terms. Customer must acquire the relevant items of Third Party Software and Third Party Equipment as designated in Nuance’s System Technical Specification document which is available at the applicable link below.
As it relates to Software Support, Siemens will be responsible for providing Software Support for the Nuance PowerScribe 360 Reporting Software under the Agreement’s Siemens Support Program as if the items of software constituting those PowerScribe 360 Reporting Nuance licenses were Applications under Customer’s Agreement and any reference to a TRS within the Support Terms shall refer to the Nuance System Technical Specification document for Nuance software. Although Customer can contact Siemens anytime during the Support Term, Customer is also entitled to contact Nuance directly for support of Nuance PowerScribe 360 until notified to the contrary in writing by Siemens. Unless Customer also notifies Siemens of a call for support placed to Nuance, Siemens will not track such calls in its call tracking system. All training or other professional services included in the Technology Bid from Siemens for Nuance Products will be provided by Nuance under the terms and conditions of the Nuance Agreement. Use of the Nuance licenses is restricted to those facilities that are expressly included as part of the Technology Bid from Siemens for Nuance Products. For Nuance products other than PowerScribe 360 Reporting Software, Siemens is not providing support and, if the Technology Bid references support fees, that support will be provided through Nuance, based on the terms of the Nuance Agreement, for the term and fees specified in that Technology Bid.
For customers who initially licensed Nuance Products from Siemens prior to June 30, 2017:
(1) The following Nuance Agreement shall apply:
Healthcare Master with PS360 AEV_CR Assure Schedules 061814
(2) If one of the Add-On products listed in the attached is licensed by Customer, then the following Schedule shall apply and shall be made part of the Nuance Agreement:
For customers who initially licensed Nuance Products from Siemens on or after July 1, 2017, the following Nuance Agreement and relevant Schedules shall apply:
1_Siemens - Nuance Healthcare Master Agmt wout Schedules from Amend No 4 07April17.pdf
For Customers who license the Nuance LexMark ModLink product through Siemens, the following Nuance LexMark ModLink EULA shall apply and be made part of the Nuance Agreement:
The following documents contains the Nuance’s System Technical Specifications for the designated version of PowerScribe 360. Customers who acquire Nuance PowerScribe 360 products through Siemens are required to comply with the attached specifications related to the installed version .
If Customer purchases the HL7 Results Outbound option of the syngo Dynamics Application, or MLA option, these options include an embedded runtime version of Cerner OPENLink™ (“Embedded Runtime Software” or “ERS”) running as syngo Messaging Services, which is licensed for use by Customer only to support Customer’s HIS/RIS interfaces and for no other purpose. Without limiting the foregoing, Customer shall not use the ERS to create additional interfaces or modify the delivered interfaces. Additionally, Cerner OpenLink requires Java, which is an Oracle product, which shall be delivered as part of the installation of Cerner OpenLink. Customer agrees to the applicable Oracle Software license terms related to Java that can be found at http://www.usa.siemens.com/syngospecial-termsnconditions, and Customer authorizes Siemens (acting directly or through its suppliers) to confirm such agreement on behalf of Customer, for instance by accepting such terms under any applicable shrink-wrap, on-screen or similar license or other agreement. Customer represents and warrants that any Oracle software purchased through Siemens meets the necessary requirements for Customer’s environment.