1. Belleview Information Technology Services, LLC ("Licensor") hereby grants to you ("Licensee") and Licensee accepts, a nontransferable and nonexclusive license to use the data received from Licensor directly or downloaded from this website, hereinafter referred to as the BITSCodes Data Package ("BDP"), which may include 1 or more data files and related documentation, for internal use within the United States or an approved Territory as defined below, at Licensee's own installation sites. The BDP shall be used only in connection with processing Licensee's data as permitted pursuant to the terms and conditions of this Agreement. This license is granted in consideration of and to the extent of licensee’s payment of the applicable site and user license fees.
2. Licensing is on a per product / per user basis.
A user is defined as anyone who:
(a) accesses, uses, or manipulates the BDP; or
(b) accesses, uses, or manipulates a program which includes the BDP to produce or enable an output (data, reports and the like) that could not have been created without the BDP embedded in the program even though the BDP may not be visible or directly accessible; or
(c) makes use of an output of a program which includes the BDP that relies on or could not have been created without the BDP embedded in the program even though the BDP may not be visible or directly accessible.
3. Territory is defined to include the United States and its territories, Argentina, Australia, Bahamas, Belgium, Bermuda, Brazil, Canada, Cayman Islands, Chile, China, Columbia, Dominican Republic, Ecuador, El Salvador, Guatemala, India, Ireland, Israel, Italy, Jamaica, Japan, Mexico, New Zealand, Norway, Panama, Philippines, Portugal, Singapore, South Africa, Spain, Sweden, Thailand, Turkey, United Arab Emirates, United Kingdom, Venezuela.
3. This license covers use only of the original BDP to which this license accompanies. Any reproduction of this BDP file is expressly prohibited except as provided in paragraph 5 below. Other uses of the BDP or of any information contained in the BDP which are expressly prohibited, include, by way of illustration and not by way of limitation, using the BDP in connection with a public computer-based information system; using the BDP as part of an expert or medical diagnostic or treatment system; selling, assigning, leasing, subleasing or otherwise transferring the right to use the BDP or any portion of it; or permitting access to the BDP by an unauthorized 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 BDP agrees to comply with the terms of this Agreement.
5. Licensee may make not more than two (2) copies of the BDP 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, which appears in the original BDP.
Licensee shall not remove or obscure any such notices.
6. Licensee acknowledges that the BDP 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 does not have any ownership rights to the BDP, but has only a license to use the BDP in accordance with the terms of this Agreement.
Licensee and its employees and agents agree to maintain the BDP 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 perpetual and effective upon downloading the BDP file from the www.bitscodes.com website or when received directly from Licensor.
Upon any termination of this Agreement, Licensee agrees to return the BDP to its original source with all copies and documentation and to certify that it has not retained any elements of the BDP. Licensee shall have no rights of any kind with respect to the BDP after the date of termination.
8. CPT® data may be contained in the BDP. CPT data is licensed to Licensor by the American Medical Association ("AMA"). CPT is copyrighted by the AMA. CPT is a registered trademark of the AMA. If the BDP contains CPT, updated versions of the BDP 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 BDP shall perform without material defect in accordance with the functions and procedures in the applicable documentation. Licensor's entire liability shall be to use reasonable efforts to correct a deviation or furnish a replacement, for a period of 60 days from delivery of the BDP to Licensee.
The remedies stated above shall constitute Licensee's sole and exclusive remedies with respect to the warranties made hereunder.
10. THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND OTHER THAN AS STATED
IN PARAGRAPH ABOVE. LICENSOR AND THIRD PARTY LICENSORS 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 (including specifically the American Medical Association) do not warrant that the BDP will meet Licensee's requirements or that its operation will be uninterrupted or without error. Licensee acknowledges that the BDP 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 BDP, even if Licensor and/or third party licensors have been advised of the possibility of such damages. Third party Licensors, including specifically the American Medical Association, disclaim any and all liability to Licensee including liability for the sequence, accuracy or completeness of information provided in the BDP.
Licensee acknowledges that the licensors sole responsibility is to make available to licensee replacement copies of the BDP if the BDP is not intact, complete or accurate; and that the licensor disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the BDP.
11. Failure by Licensee to comply at any time with any material duty or obligation under this Agreement shall entitle Licensor to give the Licensee written notice requiring it 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 without the prior written consent of Licensor.
13. 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.
14. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Ohio.
15. This Agreement constitutes the entire Agreement between the parties and there are no oral agreements.
16. Should you have any questions regarding this Agreement you may contact Licensor in writing at the following address:
Belleview Information Technology Services, LLC
5160 Waterloo Rd.
Burlington, KY 41005
17. U.S. Government Rights
This product may include 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 were developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 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)(June 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 52.227-14(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.
Any applicable notices to preserve restricted rights are incorporated herein by reference. Contractor/Manufacturer is Belleview Information Technology Services, LLC, 5160 Waterloo Rd. Burlington, KY 41005.
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