Lindholm Medical Centre

Acceptable Use Agreement

IMPORTANT NON‐AFFILIATED PRODUCT NOTICE REGARDING YOUR OSCAR SYSTEM: The OSCAR system into which you are attempting to login is a NON‐AFFILIATED PRODUCT. It is unaffiliated with OSCAR EMR as a result of failure to execute and/or comply the Terms of Use Agreement with OSCAR EMR. This means that this OSCAR system does not comply with the ISO 13485:2003 certified OSCAR EMR Quality Management System and does not have any of the benefits associated with OSCAR EMR. Unless and until a Terms of Use Agreement has been executed and/or complied with in respect of this OSCAR system, OSCAR EMR is unable to confirm the OSCAR software installed, upgraded or otherwise maintained complies with its Quality Management System or any certifications held by OSCAR EMR, and is unable to provide support for complaint resolution in respect of this non‐affiliated product. Notwithstanding the foregoing, in consideration of the Approved OSCAR Service Provider and OSCAR EMR agreeing that you may still login and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably and unconditionally remise, release, and forever discharge OSCAR EMR, McMaster University and their respective officers, directors, servants, agents, successors, assigns and other legal representatives (the “Releasee”) and each of them, from any and all manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, contracts, claims and demands whatsoever which you had, now have, or may hereafter have against the Releasee for any reason whatsoever related to any matter or thing including, but not limited to, any aspect of the ISO 13485:2003 certified OSCAR EMR Quality Management System or the Agreement between OSCAR EMR and your Approved OSCAR Service Provider. You further covenant and agree not to make any claim or to commence or maintain any action or proceeding in connection with any claims released herein against any person or corporation who might claim contribution or indemnity or otherwise against the Releasee under the provisions of any statute or otherwise at law. You further agree to indemnify and hold harmless McMaster University, OSCAR EMR, and their respective officers, directors, employees and any associated organizations from any damages finally awarded against OSCAR EMR (including, without limitation, reasonable costs and legal fees incurred by OSCAR EMR) arising out of any suit, claim or other legal action (including but not limited to any governmental or health professional users investigations, complaints and actions) in connection and/ or in any way related to the Approved OSCAR Service Provider and/or OSCAR. This release and indemnity shall be effective upon selecting “I Accept These Terms” below and shall enure to the benefit of the Releasee and each of them and be binding upon you and your respective heir, executors, administrators, successors and assigns, as the case maybe and shall be governed by and construed in accordance with the laws of the Province of Ontario.