Single User (Internal Use) License Agreement 2016 Reverse

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Single User (Internal Use) License Agreement 2016 Reverse
AMERICAN SOCIETY OF ANESTHESIOLOGISTS
SINGLE USER (INTERNAL USE) LICENSE AGREEMENT—2016 Reverse CROSSWALK®
1. American Society of Anesthesiologists ("Licensor") hereby grants to you, a single individual user ("Licensee”), a
nontransferable and nonexclusive license to use the data file known as the 2016 edition of Reverse CROSSWALK®
("Data File"). The Data File shall be used only by you within the United States or its territories. If other individuals
at your organization or entity will use this Data File, you are required to obtain a multi-user license permitting use
by multiple individuals in one single entity. The Data File shall be used only as permitted pursuant to the terms and
conditions of this Agreement. This license is granted in consideration of Licensee’s payment of the applicable fee.
Upon opening the CD ROM package, Licensee agrees to and accepts these terms and conditions.
2. A user is defined as an individual who: (a) accesses, uses, or manipulates the Data File; or (b) accesses, uses, or
manipulates a program which includes the Data File to produce or enable an output (data, reports and the like) that
could not have been created without the Data File embedded in the program even though the Data File may not be
visible or directly accessible; or (c) makes use of an output of a program which includes the Data File that relies on
or could not have been created without all or part of the Data File embedded in the program even though the Data
File may not be visible or directly accessible.
3. This license covers use only of the original CD ROM to which this license is attached. Any reproduction of this
CD ROM or the Data File is expressly prohibited except as provided in paragraph 5 below. Other uses of the Data
File or any information contained therein are expressly prohibited, including without limitation using the Data File
in any public computer-based information system; disassembling, translating, decompiling, reverse engineering, or
creating derivative works based on the information; using the Data File as part of an expert or medical diagnostic or
treatment system; selling, assigning, leasing, subleasing or otherwise transferring the right to use the Data File or
any portion of it; or permitting access to the Data File by an unauthorized individual or party. Licensee agrees that
its obligations under the terms of this paragraph shall survive the termination of this Agreement.
4. Licensee agrees to take reasonable steps, by contract, instruction or otherwise, to ensure that anyone having
authorized access to the Data File agrees to comply with the terms of this Agreement.
5. Licensee may make not more than two (2) copies of the CD ROM for back-up or archival purposes only. These
copies shall contain all notices of proprietary rights and copyright, including those of any third party licensor, that
appear in the original CD ROM. Licensee shall not remove or obscure any such notices.
6. Licensee acknowledges that the Data File is protected by copyright and/or trade secret interests of Licensor and
other third party licensors. These rights are not released, transferred or assigned as a result of this license. Licensee
agrees that it has no ownership rights to the Data File, and that all right, title and interest in the Data File remains
with ASA. Licensee agrees to maintain the Data File in strict confidence and to protect its confidentiality using at
least the same degree of care it uses to protect its own proprietary and confidential information.
7. The license rights granted herein are effective upon opening the package to which this Agreement is attached.
Upon any termination of this Agreement, Licensee agrees to destroy the CD ROM and any copies or return the CD
ROM and any copies to Licensor and shall not retain any contents or parts of the Data File. Licensee shall have no
rights of any kind with respect to the Data File after the date of termination.
8. CPT® data as contained in the Data File is licensed to Licensor by the American Medical Association ("AMA").
CPT is copyrighted by the AMA. AMA retains all right title and interest in the CPT data. CPT is a registered
trademark of the AMA. Updated versions of the Data File containing the most current versions of CPT may be
purchased by Licensee from Licensor, and its availability is subject to continuation of Licensor's License Agreement
with the AMA for the CPT data.
9. LICENSOR WARRANTS THE CD ROM ON WHICH THE DATA FILE IS PROVIDED SHALL BE
FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE. LICENSOR'S
ENTIRE LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF
ANY DATA FILE NOT MEETING THIS “LIMITED WARRANTY” IF SUCH CD ROM IS RETURNED
License Agreement – Single User - 2016 Reverse CROSSWALK®
TO LICENSOR WITH A COPY OF THE PACKAGING OR RECEIPT OF PURCHASE, FOR A PERIOD
OF 60 DAYS FROM DELIVERY OF THE DATA FILE TO LICENSEE.
10. THE DATA FILE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND OTHER THAN
AS STATED IN PARAGRAPH 9 ABOVE. LICENSOR AND THIRD PARTY LICENSORS (INCLUDING
THE AMERICAN MEDICAL ASSOCIATION) EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR AND THIRD
PARTY LICENSORS DO NOT WARRANT THAT THE DATA CONTAINED IN THE FILE WILL MEET
LICENSEE'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR
WITHOUT ERROR. LICENSEE ACKNOWLEDGES THAT THE DATA FILE HAS NOT BEEN
DEVELOPED ACCORDING TO ITS SPECIFICATIONS AND IS NOT OTHERWISE CUSTOM-MADE.
IN NO EVENT WILL LICENSOR OR THIRD PARTY LICENSORS BE LIABLE FOR ANY DAMAGES
INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR USE OF DATA, OR FOR
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
FROM THE USE OR INABILITY TO USE THE DATA FILE, EVEN IF LICENSOR AND/OR THIRD
PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANOTHER PARTY. LICENSEE ACKNOWLEDGES THAT THE AMERICAN
MEDICAL ASSOCIATION’S SOLE RESPONSIBILITY IS TO MAKE AVAILABLE TO ASA
REPLACEMENT COPIES OF THE CPT CONTENT IF SUCH CONTENT IS NOT INTACT; AND THAT
AMA DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENCES DUE TO USE, MISUSE, OR
INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN CPT CONTENT.
11. Failure by Licensee to comply at any time with any material duty or obligation under this Agreement shall
entitle Licensor to provide written notice requiring Licensee to remedy such default. If the default has not been
cured within 30 days after receipt of notice, the Licensor shall be entitled, in addition to any other rights it may have,
to terminate this Agreement by giving written notice to the defaulting party.
12. Licensee may not assign or transfer its right or obligations under this Agreement. In the event any one or more of
the provisions contained in this Agreement shall be held to be void, unenforceable or against public policy, the
remainder of this Agreement shall remain in full force and effect. The interpretation and enforcement of this
Agreement shall be governed by the laws of the State of Illinois. This Agreement constitutes the entire Agreement
between the parties and there are no oral agreements.
13. Any questions regarding this Agreement should be directed in writing to: American Society of Anesthesiologists
General Counsel, 1061 American Lane, Schaumburg, IL 60173.
14. U.S. Government Rights
This product includes CPT which is commercial technical data and/or computer data bases and/or
commercial computer software and/or commercial computer software documentation, as applicable which
was developed exclusively at private expense by the American Medical Association, 330 North Wabash Ave,
Chicago, Illinois, 60611. U.S. Government rights to use, modify, reproduce, release, perform, display, or
disclose these technical data and/or computer data bases and/or computer software and/or computer software
documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2)(November 1995)
and/or subject to the restriction 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 52.22714(December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14(December 2007) and
FAR 52.227-19(December 2007), as applicable, and any applicable agency FAR Supplements, for nonDepartment of Defense Federal procurements.
Any applicable notices to preserve restricted rights are incorporated herein by reference.
Contractor/Manufacturer is American Society of Anesthesiologists, 1061 American Lane, Schaumburg, IL 60173.
©2015 American Society of Anesthesiologists. All rights reserved.
License Agreement – Single User - 2016 Reverse CROSSWALK®

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