OptumInsight Fee Analyzer License Agreement
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PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS AN AGREEMENT BETWEEN YOU AND INGENIX, INC. BY INDICATING YOUR ACCEPTANCE BELOW OR BY ACCESSING AND USING THE SOFTWARE ON THE FeeAnalyzer.COM WEBSITE (THE "SOFTWARE") YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO ACCESS OR USE THE SOFTWARE. You are referred to below as "Client".
1. LICENSE & RESTRICTIONS. OptumInsight hereby grants to Client a nonexclusive, nontransferable license to access and use the Software within the United States as contemplated in the accompanying documentation and for Client's internal, lawful, business use, and to the extent Client has paid the applicable fees for such access and use. Client acquires no right to the Software or to the information and data contained in the Software, except the right to use such information and data solely for Client's own internal business purposes, in accordance with this Agreement.
Client is authorized to access and use the Software from one (1) PC computer or terminal at any given time. If more than one person can access or use the Software simultaneously, Client must purchase a network license for each terminal or user. This license is effective until it is terminated under the terms of this Agreement. Client may not sublicense, assign, or transfer this license, the Software, or the output produced by the Software to any third party. Client may NOT use the Software on any public computer based medical information system, or in any public electronic bulletin board, or translate, decompile, or disassemble the Software, or create any derivative work based on the Software or the accompanying documentation.
2. USER ID AND SECURITY. After registration and pre-payment of fees by Client OptumInsight shall provide Client with an initial User ID to access the Software on the FeeAnalyzer.com website. After initial set-up, maintenance of the User ID shall be Client's responsibility. Client agrees to maintain strict security procedures to prevent unauthorized use or disclosure of Client's User ID and to protect the FeeAnalyzer.com website from improper access. Client's User ID is personal to Client only and shall be disclosed only to Client's employees who have a need to access the FeeAnalyzer.com website and who agree to abide by the terms of this Agreement. It shall be the ongoing responsibility of Client to administer User ID(s) for anyone to whom Client has granted access to the FeeAnalyzer.com website, and to ensure that User ID(s) are revoked for persons who no longer require access to the FeeAnalyzer.com website or who are no longer employed by Client.
All fees incurred by persons to whom Client has disclosed a User ID shall be Client's sole responsibility.
3. LIMITED WARRANTY AND REMEDIES. CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS PROVIDED "AS-IS". OPTUMINSIGHT PROVIDES THE SOFTWARE WITHOUT WARRANTY OF ANY KIND, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Client agrees that OptumInsight and its employees and agents shall not be held responsible or liable for any actions taken by Client as a result of Client's use of the Software, or for any error, inaccuracy, or omission in any report or analysis Client prepares in connection with or through use of the Software, or for any damage (including but not limited to consequential damages) resulting from such use. In no event will OptumInsight be liable to Client for any damages, including any lost profits, lost savings or any indirect, incidental, special, consequential or punitive damages arising out of the use, or inability to use, the Software even if OptumInsight has been advised of the possibility of such damages, or for any claim by any third party. However, in the event that a court with jurisdiction determines that OptumInsight is liable for damages under this Agreement, OptumInsight's liability shall not exceed the greater of the price Client paid for use of the Software, or One Thousand Dollars ($1000).
OptumInsight does not warrant that the Software will meet Client's requirements or that the operation of the FeeAnalyzer.com website will be uninterrupted or without error. Client acknowledges that the Software has not been developed according to Client's specifications or otherwise custom-made for Client.
4. COPYRIGHT AND TRADE SECRET PROTECTION. United States and international copyright laws protect the Software, the accompanying documentation, and the file contents.
Client acknowledges that the Software, the process and technologies included therein, as well as any other information or materials made available to Client by OptumInsight through the FeeAnalyzer.com website are valuable assets, trade secrets, and/or copyrighted material of OptumInsight or licensors to OptumInsight. Client acknowledges that OptumInsight has transferred to Client no rights to the Data, the process, or technologies, nor to any other information or materials, except as provided in this Agreement.
Current Procedural Terminology ("CPT") codes, descriptions, and two-digit modifiers maintained in the Software are Copyright 2013 (or other such date of publication of CPT as defined by US copyright laws) the American Medical Association.
Under no circumstances may Client copy the Software or the accompanying documentation for the purposes of distribution to others. Under no conditions may Client remove the copyright notices on the Software or the accompanying documentation. Client agrees not to decompile, reverse engineer, or otherwise attempt to discover the source code of the Software available on the FeeAnalyzer.com website.
5. U.S. GOVERNMENT RIGHTS. The Software 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 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 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 (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 non-Department of Defense Federal procurements.
6. GENERAL PROVISIONS. OptumInsight shall have the right to access and inspect Client's business records to investigate Client's compliance with the terms and conditions of this Agreement. Client agrees that OptumInsight may terminate Client's access to the Software at any time if OptumInsight reasonably believes that Client is in violation of this Agreement. This Agreement shall automatically terminate if Client fails to comply with any provision of this Agreement.
Client acknowledges that Client has read this Agreement, understands it and agrees to be bound by its terms and conditions. Client further agrees that this is the complete agreement between Client and OptumInsight and that this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between Client and OptumInsight relating to the subject matter of this Agreement.
7. CPT CODE NOTICE. CPT Codes, descriptions, and other CPT material only are copyright 2013 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.
8. Optum Application employs a use of a "cookie" that collects anonymous traffic data.
9. DATABASES. The Customized Fee Analyzer uses database products produced by and licensed from FAIR Heath, Inc.
© 2014 OptumInsight, Inc.
For future reference, a copy of this Agreement will be accessible on the Fee Analyzer website.
PLEASE INDICATE YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT BY CLICKING ON THE 'I Accept'.