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PST On Premise Multi Products

Effective February 19, 2026

 

 

OnBase/Perceptive Content/Brainware/Saperion/RPA/Pacsgear

 

On Premise Software

 

TERMS

 

1. Customer is prohibited from using any software other than the Product client licenses, or a Product application programming interface (API) to access the Product or any data stored in the Product database for any purpose other than generating reports or statistics regarding system utilization, unless Hyland has given its prior written consent to Customer’s use of such other software and Customer has paid the applicable fees with respect to such access. 

 

 2. If applicable, the Product also includes all adapters or connectors created by Hyland and provided as part of an integration between the Product and a third party line of business application (“Integration Code”). The Product also includes any desktop host or other content services software provided by Hyland and downloaded on a user's computer used to extend functionality in Hyland's products. Such Integration Code and desktop host may only be used in combination with the Product and in accordance with the terms of the Agreement.  

 

3.  Production and Non-Production Environments. Unless otherwise stated in an Order Form, Customer shall be entitled to use one (1) production copy of the Product licensed and one (1) additional copy of the production environment licensed Product for customary remote disaster recovery purposes which may not be used as a production system concurrently with the operation of any other copy of the Product in a production environment. Subject to the payment of any additional applicable fees, Customer shall also be entitled to license a reasonable number of Non-Production Environments to be used exclusively in a non-production environment and solely for the purposes of experimenting and testing the Product, developing integrations between the Product and other applications that integrate with the Product using integration functionality of the Product licensed by Customer under this Agreement, and training Customer’s employees on the Product. Customer may be required to provide Hyland with certain information relating to Customer’s intended use of such Non-Production Environments such as the manufacturer, model number, serial number and installation site. To the extent that Customer is using the Non-Production Environments for the purposes of testing an upgrade or enhancement of the Product prior to implementing the same in Customer’s production environment, then Customer may contact Hyland for the provision of support related thereto. Customer shall not make any copies of the Product not specifically authorized by the Agreement.  

 

4. FOR HEALTHCARE CUSTOMERS ONLY.  

 

4.1 Definitions. 

 

“Ambulatory Surgery Centers” means a facility that performs outpatient surgery and/or procedures (i) to which Customer grants access to Customer’s EMR system; and (ii) for which Customer has paid to Hyland the requisite fees. 

 

“Community Connect Provider Practice” means a Provider practice (i) to which Customer grants access to Customer’s EMR system; and (ii) for which Customer has paid to Hyland the requisite fees. 

 

“Community Connect User(s)” means: Community Connect Hospital(s), Community Connect Provider Practice(s), and Ambulatory Surgery Centers. 

 

“Community Connect Hospital” means a hospital (i) which has less than two hundred and fifty (250) licensed beds (as most recently reported by Customer for such hospital), (ii) to which Customer grants access to Customer’s EMR system; and (iii) for which Customer has paid to Hyland the requisite fees. 

 

4.2 Use by Community Connect User. The Product may also be used by a Community Connect User solely to manage its own medical records function through Customer's EMR system.  

 

4.3 Community Connect Hospitals. For each Community Connect Hospital to which Customer wishes to grant access to the Product as a Community Connect User, Customer shall pay Recurring Fees, as applicable, in an amount determined by multiplying the number of licensed beds for such Community Connect Hospital (at the time of such payment) by Hyland’s then-current Community Connect Hospital Recurring Fee.  

 

4.4 Community Connect Provider Practices. For each Community Connect Provider Practice to which Customer wishes to grant access to the Product as a Community Connect User, Customer shall pay additional Recurring Fees, in an amount determined by multiplying the number of providers in such practice (at the time of such payment) by Hyland’s then-current Community Connect Provider Practice Recurring Fee.  

 

4.5 Ambulatory Surgery Centers. For each Ambulatory Surgery Center to which Customer wishes to grant access to the Product as a Community Connect User, Customer shall pay additional Recurring Fees, as applicable, in an amount determined by multiplying the number of operating/procedure rooms for such Ambulatory Surgery Center (at the time of such payment) by Hyland’s then-current Ambulatory Surgery Center Recurring Fee.  

 

4.6 Community Connect Users Reports. From time to time, but no less than annually, Customer shall report to Hyland, as applicable, (i) the number of licensed beds for each Community Connect Hospital, (ii) the number of providers in each Community Connect Provider Practice, and (iii) the number of operating/procedure rooms for each Ambulatory Surgery Center that is a Community Connect User hereunder. If the number of licensed beds, Providers or operating/procedure rooms, as applicable, increases based upon the reports contemplated herein, Customer shall pay additional Recurring Fees to Hyland in an amount equal to the number of such additional licensed beds, Providers or operating/procedure rooms, multiplied by Hyland’s then-current Recurring Fee for the applicable Community Connect Users.  

 

4.7 Indemnification. Customer understands and agrees that Community Connect Users may use the Product only in compliance with the terms of the Agreement, and that Customer shall indemnify Hyland from and against all claims, liabilities, losses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, which are suffered or incurred by Hyland and arise from or in connection with the breach or noncompliance with the terms of the Agreement by any Community Connect User.  

 

4.8 EPIC: Audit Rights in Connection with EPIC Marketplace Purchases. Subject to the following requirements, if Customer purchases from Hyland the rights to use the Product, which constitutes an “App” distributed under the vendor services program managed by Epic Systems Corporation (“EPIC”) (as the same may be amended from time to time), Hyland hereby grants to Customer the right to conduct an audit to verify Hyland’s compliance with the terms and conditions found in the Vendor Services Development Agreement (which is the agreement that authorizes the distribution by Hyland of such Product, as amended from time to time) between Hyland and EPIC (the “EPIC Vendor Agreement”). Such audit shall be conducted on a mutually agreed upon date and time, and Hyland will provide reasonable cooperation to provide all such pertinent information and data expressly requested by Customer; all such information and data produced by Hyland for such audit shall be made available to Customer from the applicable Hyland location(s). To the extent a material non-compliance by Hyland with the terms of such EPIC Vendor Agreement is identified and confirmed, Hyland shall bear the reasonable and actual costs and expenses incurred by Customer in conducting such audit.  

 

5. Amended Terms and Conditions for Hyland Software Germany GmbH.  If Hyland is Hyland Software Germany GmbH, the additional or alternative terms and conditions set forth in the Exhibit A below shall apply:

 

 

 

Exhibit A

 

If Hyland is Hyland Software Germany GmbH, this Exhibit A shall apply:

 

Section 4.7 (Indemnification) is replaced with the following provision: 

 

“Indemnification. Customer understands and agrees that Community Connect Users may use the Product only in compliance with the terms of the Agreement, and that Customer shall indemnify  Hyland from and against all claims, liabilities, losses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, which are suffered or incurred by Hyland and arise from or in connection with a culpable breach of this provision by the Customer.”

 

 

 

The most current version of this document shall be such in effect as of 12:00am EST (Eastern Standard Time) of the date stamped on such online version.