FUSION DOCCHECK™
THIRD PARTY TERMS AND CONDITIONS
Last Updated: March 1, 2020
These Fusion DocCheck Third Party Terms and Conditions, as amended from time to time (“Third Party Terms”), set forth the terms and conditions applicable to certain third party functionality, software or data (“Third Party Products”) located within the Fusion DocCheck product licensed to Customer by Dolbey and Company, Inc., or its authorized dealer, (“Dolbey”) pursuant to an underlying agreement (“Agreement”). The terms and conditions identified below apply only to those Third Party Products with which they are expressly identified below and will have no effect on the terms and conditions of Customer’s rights of use of any other Third Party Products. To the extent that these Third Party Terms are inconsistent with the Agreement with respect to the Third Party Products, these Third Party Terms supersede the Agreement. These Third Party Terms do not apply to any other aspects of the Fusion DocCheck product.
1. CPT® Codes.
(a) The CPT Standard Data File (“Licensed Content”) is copyrighted by the American Medical Association and CPT is a registered trademark of the AMA.
(b) Dolbey and Company, Inc., (“Licensee”) as a party to a license agreement with the AMA, is authorized to grant Customer a limited, non-exclusive, non-transferable, non-sublicensable license for Customer to use Licensed Content in Fusion DocCheck, for the sole purpose of internal use by Customer within the Territory. In the event of a termination of the Agreement between Licensee and AMA, the sublicense granted hereunder shall automatically terminate at the end of Customer’s then current annual term at the time of such termination.
(c) The provision of updated Licensed Content in the Fusion DocCheck product is dependent on a continuing contractual relationship between Licensee and the AMA.
(d) Customer is prohibited from making Licensed Content publicly available, creating derivative works (including translating), transferring, selling, leasing, licensing, or otherwise making available to any unauthorized party the Fusion DocCheck product, or a copy or portion of Licensed Content.
(e) Customer expressly acknowledges and agrees to the extent permitted by applicable law, use of the Licensed Content is at Customer’s sole risk and the Licensed Content is provided “as is” without warranty of any kind. The AMA does not directly or indirectly practice medicine or dispense medical services. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The Licensed Content does not replace the AMA’s Current Procedural Terminology book or other appropriate coding authority. The coding information contained in the Licensed Content should be used only as a guide.
(f) Customer is required to either: (i) keep records and submit reports including information necessary for the calculation of royalties payable to the AMA by Licensee, of the same type as required of Licensee under this Agreement or, (ii) allow Licensee to automatically track and report accurate counts of Users (for Licensee to report and pay royalties to the AMA). All records and reports required under this Section shall be subject to audit by AMA.
(g) The following U.S. Government End Users notice shall be included:
U.S. Government End Users. CPT is commercial technical data, which was developed exclusively at private expense by the American Medical Association (AMA), 330 North Wabash Avenue, Chicago, Illinois 60611. This agreement does not grant the Federal Government a direct license to use CPT based on FAR 52.227-14 (Data Rights - General) and DFARS 252.227-7015 (Technical Data - Commercial Items).
(h) Customer must ensure that anyone with authorized access to the Fusion DocCheck product will comply with the provisions of the Agreement.
(i) AMA shall be named as a third-party beneficiary of the Agreement.
(j) Customer expressly consents to the release of its name to the AMA.
2. RadLex Content. RadLex and RadLex Playbook are licensed by the Radiological Society of North America (RSNA). Copyright 2014 – The Radiological Society of North America (RSNA), all rights reserved
Licensed under RadLex License Version 2.0.
You may obtain a copy of the license at: http://www.rsna.org/radlexdownloads/
This work is distributed under the above noted license on an “AS IS” basis, WITHOUT WARRANTIES OF ANY KIND, either express or implied. Please see the license for complete terms and conditions.