This CPT End User Agreement governs CUSTOMER’s rights to utilize the Current Procedural Terminology (“CPT”) codes, hereinafter referred to as “Editorial Content” or “CPT Editorial Content” contained within Net Health System, Inc.’s (“Net Health”) Billing Module. To the extent that CUSTOMER has access to Net Health’s Billing Module pursuant to an underlying agreement, this CPT End User Agreement applies. CPT is copyrighted by the American Medical Association (the “AMA”) and CPT is a registered trademark of the AMA.
1. Grant of Rights, Restrictions and Obligations
1.1 CUSTOMER’s right to utilize the CPT Editorial Content is nontransferable, nonexclusive, and solely for CUSTOMER’s internal use within any of the following locations: Algeria, Argentina, Australia, Bahamas, Belgium, Bermuda, Brazil, British Virgin Islands, Canada, Cayman Islands, Chile, China, Colombia, Costa Rica, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Guatemala, Hong Kong, India, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Republic of Korea (South Korea), Lebanon, Mexico, New Zealand, Norway, Panama, Philippines, Portugal, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, Thailand, Turkey, United Arab Emirates, United Kingdom, United States and its territories, and/or Venezuela.
1.2 Provision of updated CPT Editorial Content in the Billing Module is dependent on continuing contractual relationship between Net Health and the AMA.
1.3 CUSTOMER must ensure that anyone with authorized access to the Billing Module will comply with the provisions of this End User Agreement.
1.4 Users of CPT Editorial Content are defined as follows: “User” means an individual who:
(a) accesses, uses, or manipulates CPT Editorial Content contained in the Software;or
(b) accesses, uses, or manipulates the Software to produce or enable an output (data, reports, or the like) that could not have been created without the CPT Editorial Content embedded in the Software even though CPT Editorial Content may not be visible or directly accessible;or
(c) makes use of an output of the Software that relies on or could not have been created without the CPT Editorial Content embedded in the Software even though CPT Editorial Content may not be visible or directly accessible.
1.5 End User shall cooperate with Net Health to the extent necessary to calculate Users in order that Net Health may accurately report and pay royalties to the AMA.
U.S. Government Rights
This product includes CPT which is commercial technical data, which was developed exclusively at private expense by the American Medical Association (AMA), 330 North Wabash Avenue, Chicago, Illinois 60611. The AMA does not agree to license CPT to the Federal Government based on the license in FAR 52.227-14 (Data Rights – General) and DFARS 252.227-7015 (Technical Data – Commercial Items) or any other license provision. The AMA reserves all rights to approve any license with any Federal agency.
3.1 This CPT End User Agreement limits, to the extent possible under the applicable laws, the warranties and liability for Editorial Content as contained in the Billing Module. The CPT Editorial Content as contained in the Billing Module is provided “as is” without any liability to the AMA, including without limitation, no liability for consequential or special damages, or lost profits for sequence, accuracy, or completeness of data, or that it will meet CUSTOMER’s requirements. The AMA’s sole responsibility is to make available to Net Health replacement copies of the CPT Editorial Content if the data is not intact. The AMA disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the CPT Editorial Content.
3.2 This CPT End User Agreement will terminate in the event of default and failure to cure within the applicable cure period.
3.3 In the event that a court or regulatory body having proper authority and jurisdiction determines that a provision of this CPT End User Agreement violates any applicable law or is otherwise unenforceable, the remainder of this CPT End User Agreement will remain in full force and effect.
3.4 The AMA is a third-party beneficiary of this CPT End User Agreement(s).
3.5 CUSTOMER grants Net Health permission to provide the AMA with CUSTOMER’S name for the sole purpose of reporting CPT Editorial Contentroyalties.