Software Terms of Use
These Terms of Use (“Terms”) govern use and access to the software identified in the written services agreement(s) (collectively, the “Engagement Agreement”) between your organization, as a client (“Client”) of Kaufman, Hall & Associates, LLC and/or its subsidiary, Claro Healthcare, LLC (collectively, Kaufman Hall). The software identified in the Engagement Agreement(s) shall be governed by these Terms, including one or more of the following software platforms: Claro Healthcare 20/20 Platform, and/or ChargeConnect® software (each, a Product” and collectively, the “Products”). Client is being granted access to the Product(s) on the terms and conditions hereof. These Terms are part of and incorporated into the applicable Engagement Agreement(s) that reference the Product(s).
1. USE OF THE PRODUCTS.
1.1 Client and its Authorized Users (as defined below) shall not (i) rent, lease, lend, sell, sublicense, assign, export, encumber or otherwise transfer the use of the Product(s) or Client's rights hereunder; (ii) permit others to use the Product(s) for any purpose (including the U.S. Internal Revenue Service or other governmental authorities, unless required by law, and then, if legally permissible, only after prior written notice to Kaufman Hall); (iii) use the Product(s) on behalf of any other party (including use to obtain information for or otherwise benefit any vendor of competitive software products); (iv) use the Product(s) on any service bureau or time-sharing system or to provide information processing, outsourcing or similar services; (v) access or use all or any part of the Product(s) in order to build a product or service which competes with the Product(s); (vi) use the name “Claro Healthcare”, “Kaufman Hall” or any other trademark or trade name associated with Kaufman, Hall & Associates, LLC, in connection with any use of the Product(s) or its output, or make any reference to Claro Healthcare or Kaufman Hall directly or indirectly, in any advertisement, external sales presentation, news release, release to any professional or trade publications, or marketing materials or efforts without Kaufman Hall's prior written consent; (vii) modify, disassemble, decompile or otherwise reverse engineer the Product(s) or Content; or (viii) access or use the Product(s) outside of the United States of America. Authorized Users shall only access the Product(s) through secure devices provided by Client.
1.2 "Authorized User" means all employees identified by Client in writing, that are designated by Client as authorized to use the Product(s). Authorized Users also include all persons, including all agents, contractors, consultants, and their respective employees, that Client designates to use the Product(s) and which have been approved by Kaufman Hall. Client’s use of the Product(s) is/are restricted to use solely for the benefit of the site or sites specified in the Engagement Agreement (each, a “Site”) by those Authorized Users who have responsibilities in connection with the Site(s). For any Authorized User who is not an employee of Client, Kaufman Hall's explicit prior written consent for such contractors and consultants to access and use the Product(s) is/are required as well as each contractor’s execution of a confidentiality agreement acceptable to Kaufman Hall.
2. OWNERSHIP AND ACCESS.
2.1 Kaufman Hall is and shall continue to be the sole owner of the Product(s) and any modifications or other derivative works based thereon (except for those portions of the Product(s) not owned by Kaufman Hall, but which Kaufman Hall has full right to make available to Client under these Terms), and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or any other party relating to the Product(s). The Product(s) is/are Confidential Information, as defined by the applicable Engagement Agreement, protected by copyright law, is of a proprietary nature, and contains trade secret information. Client and its Authorized Users shall not copy, print, reproduce, distribute, download, frame, mirror, republish, display, transmit, link to, modify, transfer or assign, create any derivative works based on the Product(s) or store any copies thereof nor permit any other person to do so. Client shall (i) use all reasonable efforts, but in no event less than due diligence and care, to preserve the proprietary character of the Product(s), (ii) treat the Product(s) as confidential, (iii) prevent any unauthorized access to, or use of, the Product(s) and, in the event of any such unauthorized access or use, promptly notify Kaufman Hall, and (iv) not remove or obscure Kaufman Hall’s or any other party’s copyright or proprietary rights notices. Access to the Product(s) is/are restricted to those Authorized Users of Client who have a need to know information regarding the Product(s) for the use permitted hereunder. Because the Product(s) is/are protected as a trade secret, the Product(s) is/are not permitted to be disclosed in response to requests made pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any other data disclosure law that exempts disclosure of information or documents protected as trade secrets. Client shall notify Kaufman Hall of any actual or threatened breach of these provisions, and Client shall cooperate with Kaufman Hall in enforcing such provisions.
2.2 To the extent required to provide the Product(s) to Client, such as, by way of example and not limitation, to customize the Product(s) for Client, Client grants to Kaufman Hall a nonexclusive, limited, royalty-free right and license to use such trademarks, services marks, logos and other source identifiers of Client (collectively, the "Client Marks") as Client specifies solely for the purposes permitted under these Terms. Client is and shall continue to be the sole owner of the Client Marks. Client agrees to indemnify, defend and hold Kaufman Hall, its subsidiaries and their respective officers, directors, members, employees, affiliates, shareholders, agents, successors, representatives, and assigns harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees) arising out of or related to any claim that Kaufman Hall's use of the Client Marks as permitted herein infringes the intellectual property rights of any third party.
2.3 The Product(s) may provide Client with access to and use of certain databases and materials provided by third parties. Kaufman Hall reserves the right and sole discretion to determine which third-party materials are made available in the Product(s) provided to Client. Kaufman Hall may modify or discontinue, temporarily or permanently, at any time and from time to time, access to or use of third-party materials (or any function or feature thereof) with or without notice to Client and without any liability to Client. In addition to being governed by these Terms, Client’s access to and use of such third-party databases or materials is subject to the terms and conditions set forth in the attachment(s) to the exhibit(s) for such Product(s) attached hereto, which Kaufman Hall is obligated to pass through without modification to Client by such third parties. In the event of any conflict between the Terms and those set forth in the Addendums, the terms and conditions set forth in the Addendums shall control.
2.4 Kaufman Hall does not own any data, information, or material that Client submits to the Product(s) (“Client Data”). Client has the sole and exclusive right to use all Client Data derived from Client’s use of the Product(s) for any purpose related to Client’s business, subject to the restrictions in Section 7.5 herein, provided that Kaufman Hall may use and access the Product(s), including the Client Data, (i) to display the Client Data to Client and its authorized users, (ii) to process the Client Data for Client in connection with providing the services to Client, (iii) to respond to Product(s) or technical problems pursuant to these Terms, and (iv) as may be required by law. Kaufman Hall may also use aggregated reports on user demographics and traffic patterns to better provide services to Kaufman Hall’s clients. Client, not Kaufman Hall, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Client Data.
3. DURATION AND TERMINATION.
3.1 Client may terminate its access to the Product(s) at any time by written notice to Kaufman Hall. Kaufman Hall may terminate Client's access to the Product(s): (i) as provided in Section 7 below; (ii) at any time upon breach of any of Client's obligations under these Terms or the Engagement Agreement, including the failure of Client to fulfill its obligation to pay any fees in a timely manner; (iii) at any time by providing at least sixty (60) days prior written notice to Client. The provisions of Sections 1, 2, 5, 6, and 7 shall survive any termination of these Terms or the Engagement Agreement.
3.2 Unless otherwise provided by written agreement to extend Client’s license to the Product(s), upon the conclusion of the applicable Client Project for which access to the Product(s) was granted to Client or termination of the Engagement Agreement, Client’s right to access and use the Product(s) and all other related Kaufman Hall Confidential Information shall immediately cease and Kaufman Hall will have the right to deny access to the Product(s) by Client. Upon such termination, Client shall (a) immediately stop access to and use of the Product(s) and related Kaufman Hall Confidential Information; (b) shall return all copies of the documentation and any Kaufman Hall Confidential Information related to the Product(s) to Kaufman Hall; and (c) delete all such electronically stored Confidential Information from any and all storage media possessed or controlled by Client. Upon termination or expiration of the Engagement Agreement or these Terms, Kaufman Hall will delete the Client Data applicable to the terminated Product(s) from its servers. Client shall provide Kaufman Hall with written certification signed by an officer of Client that Client has complied with the provisions of this paragraph.
4. UPDATES & CUSTOMIZATIONS.
4.1 Kaufman Hall may, in its sole discretion, provide updates to the Product(s) from time to time that incorporate generally applicable federal and/or state changes and any other content changes, as required. Any such update(s) to the Product(s) will be made available to Client on the terms set forth herein so long as Client is then current with respect to fee(s) in the applicable Engagement Agreement. If requested by Licensee, subject to the agreement of Licensor and the payment of additional fees set forth in a Statement of Work or other binding writing between the parties, non-standard features, add-ons, customizations and enhancements (e.g., single sign-on, custom branding, reports, dashboards or interfaces, stand-alone environment) may be incorporated into the Product(s) by Licensor. In such event, except as otherwise provided herein, Licensor will grant Licensee a license to these enhancements or modifications during the duration of this Agreement.
5. LIMITED WARRANTY.
5.1 Kaufman Hall warrants that for so long as these Terms remain in effect that the Product(s) will materially conform to the documentation provided by Kaufman Hall, including for example, user guides and technical documentation as modified from time to time.
5.2 EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO WARRANTIES BY KAUFMAN HALL TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR THE PRODUCT(S), THE RELATED MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHER OBLIGATIONS ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. KAUFMAN HALL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT CLIENT’S USE OF THE PRODUCT(S) WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO HIPAA, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. KAUFMAN HALL DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR OR BUG FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS CODE, WILL PERFORM IN AN UNINTERRUPTED MANNER, OR WILL MEET THE CLIENT’S REQUIREMENTS. KAUFMAN HALL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND CLIENT ACKNOWLEDGES THAT THE PRODUCT(S) MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
5.3 The warranties and any Client remedies associated therewith shall be null and void, and Client may not rely upon them if the Product(s) has/have not been used in accordance with these Terms and the documentation for the Product(s).
5.4 Kaufman Hall makes no representation that the Product(s) is/are appropriate or available for use in locations other than the United States of America. If Client uses the Product(s) from outside the United States of America, Client is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
5.5 THE CONTENT CONTAINED IN THE PRODUCT(S) IS NOT INTENDED TO AND DOES NOT CONSTITUTE MEDICAL ADVICE, AND NO DOCTOR/PATIENT RELATIONSHIP IS FORMED. THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE CONTENT IS NOT WARRANTED OR GUARANTEED. THE USE OF THE PRODUCT(S), THE CONTENT OR OTHER INFORMATION ON THE PRODUCT(S) IS AT THE CLIENT'S OWN RISK. THE CONTENT MADE AVAILABLE THROUGH THE PRODUCT(S) AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCT(S) (INCLUDING BUT NOT LIMITED TO THE CONTENT) ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Client SHOULD ALWAYS SEEK THE ADVICE OF PHYSICIANS OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. CLIENT SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING IN OR ON THE PRODUCT(S). THE PRODUCT(S) DOES/DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, OTHER PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MIGHT BE MENTIONED IN OR ON THE PRODUCT(S).
6. INFRINGEMENT INDEMNIFICATION. If Client promptly notifies Kaufman Hall in writing of a claim that the Product(s) infringe(s) a presently issued U.S. patent or copyright, Kaufman Hall will defend such claim at its expense and will pay any costs and damages that may be awarded against Client, subject to any limitations as provided in the Agreement. Kaufman Hall will not indemnify Client, however, if the claim of infringement results from (a) use of the Product(s) in a manner contrary to the instructions given to Client by Kaufman Hall, (b) Client's alteration of the Product(s) or customizations made to the Product(s) at Client’s direction, (c) use of the Product(s) in combination with other software or materials not provided by Kaufman Hall, (d) use of the Product(s) for purposes other than permitted under these Terms, (e) the Client's use of the Product(s) after notice of the alleged or actual infringement from Kaufman Hall or any appropriate authority, or, if applicable, (f) use of other than the most recent version of the Product(s) made available to Client by Kaufman Hall. It is a condition of this indemnity that: (i) Kaufman Hall shall have sole control of the defense of any such claim and all negotiations for settlement; (ii) Client promptly notifies Kaufman Hall in writing of the claim; and (iii) Client cooperates fully to the extent necessary and executes all documents necessary for the defense of such claim. Kaufman Hall shall not be obligated to indemnify Client under any settlement made without Kaufman Hall’s consent or in the event Client fails to cooperate fully (at Kaufman Hall's expense) in the defense of any claim. If in Kaufman Hall’s opinion a claim is likely, or if Kaufman Hall settles a claim, or if Client's continued use of the Product(s) is enjoined by reason of infringement of one of the rights described above, Kaufman Hall will (at its option and expense) promptly either (1) procure for Client rights to continue using the Product(s), (2) modify or replace the Product(s) so that no infringement exists, or (3) discontinue and terminate the Agreement. Except as expressly provided in this Section 6, Kaufman Hall shall not be obligated to assume the defense or satisfy any claim that might be made against Client by any other party for infringement or for any other reason arising out of Client’s operation or use of the Product(s). Subject to any additional limitations of liability in the Engagement Agreement, this section 6 states the Client's sole and exclusive rights and remedies, and Kaufman Hall's (including Kaufman Hall’s employees', agents' and sub-contractors’) entire obligations and liability for a third party's infringement claim against Client's use of the Product(s).
7. CLIENT RESPONSIBILITIES.
7.1 Client is responsible for: (i) determining its desired results from use of the Product(s); (ii) evaluating the capabilities of the Product(s); (iii) procuring, installing, operating, maintaining and servicing, at its cost, the equipment, software (including, without limitation, current browsers, but excluding any third-party software embedded in the Product(s)), facilities, telecommunications links, network connectivity and all other elements of Client's computer network required for successful connection to the Product(s); (iv) successfully operating the Product(s); and, (v) complying with all applicable laws, statutes and regulations. Client understands that the Product(s) may contain calculations that may be based, in part, upon interpretations of federal or state guidelines. Client understands that Client will review the effect of the interpretations contained in the Product(s), and data generated by the Product(s), with Kaufman Hall. However, Client is solely responsible for the consequences of using any data generated by the Product(s). The Client or other entity billing Medicare and/or third-party payers on Client’s behalf is solely responsible for the accuracy of the codes assigned to the services and items in the medical record.
7.2 Client acknowledges that certain forms made available to Client in connection with the Product(s), including but not limited to physician documentation requests (e.g., query forms), are being provided solely for the convenience of Client. Accordingly, the information contained on or reflected in such forms is subject to obsolescence or may require modification in order to reflect future changes in coding rules and/or CMS/QIO documentation requirements. It is expressly understood and agreed that it is Client and not Kaufman Hall who bears sole responsibility for the use of such forms, as well as any updates or modifications to the information contained in any such forms. In the event Licensee elects to use the optional automated report generation and distribution functions which may be offered by Kaufman Hall in connection with the CDR2® Product, Licensee bears sole responsibility for ensuring that its actual distribution of information complies with existing Federal, State and local law as well as Licensee’s internal policies.
7.3 Client shall indemnify, defend and hold Kaufman Hall, its officers, directors, employees, affiliates, shareholders, agents, successors, representatives, and assigns harmless from and against any and all claims, causes of action, demands, damages, losses, costs and expenses (including attorneys’ fees) arising out of or related to any claim, demand, loss or action resulting from operation or use of the Product(s) and related output by Client. These indemnity obligations of Client shall not apply to any such claims covered by Kaufman Hall’s indemnity obligations in Section 6.
7.4 Client shall be solely and fully responsible for the security of all usernames and passwords provided by Kaufman Hall to Client or created by Client using the Product(s). Client is entirely responsible for maintaining the confidentiality and security of its passwords (including, if applicable, the passwords of each Authorized User accessing the Product(s) by means of an account established by Client) and for all actions that may be taken by anyone using the Product(s) after signing in with Client's username(s) and password(s). Kaufman Hall is entitled to rely on and act upon instructions received under Client's username(s) and password(s). Passwords may not be used by more than one individual and Client is prohibited from transferring or sharing passwords with any other person. Any violation of the foregoing shall result in an immediate termination of Client’s access rights to the Product(s) as well as liability to Kaufman Hall for all damages resulting from such breach. Client shall ensure that users access the Product(s) only through secure devices provided by Client and that users exit or log-off from their account at the end of each session of use. Kaufman Hall shall not be responsible for (i) any unauthorized access to, or alteration of, Client’s transmissions or data, or any material, information or data sent or received, regardless of whether the data is actually received by Kaufman Hall, or (ii) any transactions entered into through the Product(s) or through the Client’s passwords.
7.5 Client and its Authorized Users shall not in connection with any access or use of the Product(s), (i) transmit through the Product(s) any illegal material of any kind or any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity, is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, or causes damage or injury to any person or property; (ii) knowingly or intentionally transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs or any device or thing which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; pre-vent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise) such as Trojan horses, worms, time bombs or cancelbots, (iii) knowingly or intentionally interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Product(s) or violate the regulations, policies or procedures of such networks, (iv) knowingly or intentionally attempt to gain unauthorized access to the Product(s), through password mining or any other means, (vi) harass or knowingly or intentionally interfere with another user’s use and enjoyment of the Product(s), or (vii) access or use any software or services for which Client has not been granted a license pursuant to these Terms.
8. SYSTEM REQUIREMENTS
8.1 Supported web browsers include the latest versions of Google Chrome and Microsoft Edge. The Product(s) may function in other browsers (Safari, Firefox, etc.), but compatibility is not directly supported.
8.2 Authorized User screen resolution should be set to 1024 x 768 or higher. Use of the Product(s) on mobile devices is not supported (for example, small hand-held devices that have a display screen with touch input and/or a QWERTY keyboard and may provide users with telephony capabilities).
9. THIRD PART TERMS
KAUFMAN HALL IS OBLIGATED TO PASS THROUGH THE FOLLOWING TERMS AND CONDITIONS WITHOUT MODIFICATION.
The following terms and conditions apply to Client’s access to and use of certain databases provided by a third party (referred to as “Licensor” below) and made available through the 20/20 Platform. In the event of any conflict between the Terms above and the following, terms following shall control with respect to the third-party databases available through the 20/20 Platform.
I. LICENSE & RESTRICTIONS. Licensor, and its licensors and suppliers, hereby grants to Client a nonexclusive, nontransferable license to use the data provided in connection with the DRG Files (the "Data") as contemplated in the documentation within the United States. This license is effective until termination under the terms of the Agreement. Client may not sublicense, assign, or transfer the license or the Data to any third party. Client may NOT use the Data on any public computer based medical information system, or translate, decompile, disassemble, or create any derivative work based on the Data or documentation.
II. LIMITED WARRANTY AND REMEDIES. THE DATA IS PROVIDED AS-IS. LICENSOR PROVIDES THE DATA WITHOUT WARRANTY OF ANY KIND, AND DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event will Licensor be liable to Client for any damages, including any lost profits, lost savings or other incidental, consequential or punitive damages arising out of the use, or inability to use, such Data even if Licensor has been advised of the possibility of such damages, or for any claim by any other party. However, in the event that a court with jurisdiction determines that Licensor is liable for damages under this Agreement, Licensor's liability shall not exceed the greater of the price Client paid for use of Data, or $1000. Licensor does not warrant that the Data will meet Client's requirements or that the operation of the Data will be uninterrupted or without error. Client acknowledges that the Data has not been developed according to Client's specifications or otherwise custom-made for Client.
III. COPYRIGHT AND TRADE SECRET PROTECTION. United States and international copyright laws protect this Data, accompanying documentation and file contents. Client acknowledges that the Data, the process and technologies included therein, as well as any other information or materials made available to Client by Licensor are valuable assets, trade secrets, and/or copyrighted material of Licensor and that Licensor retains title to the Data.
CPT codes, descriptions and two-digit modifiers maintained in the Data are Copyright 2001 (or other such date of publication of CPT as defined by US copyright laws) the American Medical Association.
Licensor authorizes Client to make archival copies of this Data for the sole purpose of back up and protecting Client's investment from loss. Under no circumstances may Client copy this Data or documentation for the purposes of distribution to others. Under no conditions may Client remove the copy-right notices on the Data or documentation. Client shall not disclose, make available, or permit any per-son to disclose the Data to any person outside Client.
IV. U.S. GOVERNMENT RIGHTS. This product may include CPT, which is commercial technical data and/or computer databases and/or commercial computer Data and/or commercial computer Data documentation, as applicable, which were developed exclusively at private expense by the American Medical Association, 515 N. State Street, Chicago, IL 60610. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer databases and/or commercial computer Data and/or commercial computer Data documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(3) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
V. GENERAL PROVISIONS. Licensor shall have the right to access and inspect Client's business records to ensure Client's compliance with the terms and conditions of this Agreement.
This Agreement shall automatically terminate if Client fails to comply with any provision of this Agreement. Client agrees upon such termination to destroy the Data together with all copies and modifications in any form.
VI. CPT CODE NOTICE. CPT Codes, descriptions, and other CPT material only are copyright 2001 American Medical Association (AMA). All Rights Reserved. No fee schedules, basic units, relative values or related listings are included in CPT. AMA does not directly or indirectly practice medicine or dispense medical services. AMA assumes no liability for data contained or not contained herein.
(c) 2001 Licensor, Inc.
Updated February 2026