1. DEVELOPER ACCOUNT AND REGISTRATION
1.3 Developer Account. In order to establish a Developer Account, you may be required to provide contact information, organizational details, billing details, and other information, and you agree to keep the information updated at all times.
1.4 Entity representation. If you are using the Certified Cerner Ignite API on behalf of a legal entity (i.e. an App company), you represent that you have proper authority to act on behalf of and bind the entity to these Terms, and by accepting, you accept on behalf of the entity (and all references to “you” in the Terms refer to the entity).
2. CERNER DEVELOPER PROGRAM
2.1 Developer Program Process. To simplify the process of connecting your developed application (“App”), we have detailed the App Registration and Validation Process on http://code.cerner.com, where we have also provided Certified Cerner Ignite API documentation, a sandbox, and other supporting materials to help you develop your app. As detailed in the App Registration and Validation Process, there may be fees associated with app registration and the validation process, which would be documented in a separate written agreement between you and Cerner.
2.2 App Validation. You may submit to Cerner from time-to-time an App developed by you for validation by Cerner in accordance with the procedures set forth in the App Registration and Validation Process.
3. REPRESENTATIONS AND RESPONSIBILITIES
3.1 Compliance. You agree to be financially responsible for your use of the Certified Cerner Ignite APIs and to comply with your responsibilities and obligations as stated in these Terms. You agree to comply at all times with all applicable laws, rules and regulations relating to the use of the Certified Cerner Ignite APIs, the Cerner websites and the development, distribution, commercialization and use of your App. You further acknowledge and agree that you are not a supplier or downstream business associate (as defined under the Health Insurance Portability and Accountability Act of 1996 (as amended)) of Cerner. You hereby grant Cerner the right to monitor and periodically audit in a reasonable manner your use of the Certified Cerner Ignite APIs, your App and other activities related to your obligations under these Terms.
3.2 Responsibilities. You represent and warrant that your use of the Certified Cerner Ignite APIs in a Cerner client’s environment will comply with the following:
A. Each consuming App will be whitelisted by Cerner as meeting the applicable technical specifications through Cerner’s application validation process;
B. Each validated App will be approved and registered for use by the applicable Cerner client prior to implementation within such client’s environment;
C. You have properly licensed and implemented your App to the applicable Cerner client under a dually-executed agreement with such client; and
D. There is only one Identity Provider for the Certified Cerner Ignite API, regardless of the number of Apps integrated, provided by or on behalf of the App or client, and the ID provider is compliant with the tech specs published on the applicable Cerner website, including without limitation, fhir.cerner.com
3.3 Virus Warranty. You warrant that your Apps will not contain any viruses or other malicious computer instructions, devices, or techniques that can or were designed to threaten, infect, damage, disable, or shut down the Certified Cerner Ignite APIs, any technology, software, solution, equipment or any computer system.
3.4 Open Source. You warrant that your Apps do not contain any open source software licensed under terms that require the user to make (a) the user’s modifications to the open source freely available in source code form, or (b) any software that the user “combines” with the open source software freely available in source code form.
3.5 Patient Access. You are solely responsible for determining and ensuring patient self-sufficient access to your App for purposes of Meaningful Use (MU) and Merit-based Incentive Payment System (MIPS) reporting.
3.6 App Distribution. You are solely responsible for the demonstration, pricing, sales support (including product analyst support), licensing (via a written agreement with the Cerner client), configuration, installation, implementation, maintenance and technical support of your Apps.
4. Copyright and Trademark Notices
All contents of the Cerner Web Sites are: Copyright, Cerner Corporation, 2800 Rockcreek Parkway, North Kansas City, Missouri 64117-2551 U.S.A. All rights reserved. The software and documentation are protected by copyright laws as well as international copyright treaties. Material found on the Cerner Web Sites contains the valuable properties of Cerner, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of Cerner. The use or misuse of these trademarks, service marks, tradenames, copyrights, or other materials (collectively “Intellectual Property”), except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other laws, statutes and/or regulations. Cerner reserves all rights in its Intellectual Property. For information about referencing or using Cerner Marks (trademarks, service marks and tradenames), please consult the Third Party Trademark Guidelines and the list of Cerner Corporation Trademarks.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website), Cerner will respond expeditiously to claims of copyright infringement committed at the Cerner Web Sites or at a location to which Cerner provides a link, that are reported to the individual designated below.
If you are a copyright owner, or are authorized to act on behalf of an owner of any exclusive right under copyright, and you believe that your work has been copied in a way that constitutes copyright infringement by Cerner or a user, you may submit a notice of infringement to the individual designated below.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:
Corporate Counsel, I.P.
2800 Rockcreek Parkway
North Kansas City , Missouri 64117-2551
Cerner may, in appropriate circumstances, terminate a Cerner Web Site user if he or she is a repeat infringer. If you believe that a Cerner Web Site user is a repeat infringer, please follow the instructions above to contact Cerner’s designated agent and provide information sufficient for Cerner to verify that the user is a repeat infringer.