Before accessing the Avandé system, you (the “End User”) must read and accept the Electronic Access Agreement below.

AVANDÉ CONFIDENTIALITY AGREEMENT

End-users accessing this system will have access to confidential proprietary information and protected health information covered under the Health Insurance Portability and Accountability Act (HIPAA). By accepting this Electronic Access Agreement, you acknowledge the following:

1. You understand your obligations to maintain the privacy and security of PHI.
2. You are authorized to access this information through Avandé’s systems.
3. You are using your own personal login ID and password assigned to you by Avandé.
4. The security controls on the computer accessing this site are maintained and up-to-date.
5. You will notify Avandé immediately if your password is known or suspected to be compromised.
6. You will notify Avandé immediately if this site is known or suspected to be involved in any way in a breach of PHI.
7. Due to Avandé confidentiality requirements and licensing restrictions, Avandé data, processes, screenshots, reports, or other information of commercial value, whether in part or in whole, gained through your access to Avandé systems are not permitted to be distributed to third parties outside the patient or healthcare provider named in the report without the express written permission from Avande.

USE OF PHYSICIANS’ CURRENT PROCEDURAL TERMINOLOGY, FOURTH EDITION (CPT)

1. CPT is copyrighted by the AMA and that CPT is a registered trademark of the AMA.
2. End-User Responsibilities and Limitations
   1. The End User is prohibited from publishing, distributing via the Internet or other public computer-based information system, creating derivative works (including translating), transferring, selling, leasing, licensing or otherwise making available to any unauthorized party the Electronic Licensed Product(s), or a copy or portion of Electronic Licensed Product(s).
   2. The Editorial Content license from the AMA is a nontransferable, nonexclusive license, for the sole purpose of internal use by End User within the United States.
   3. The provision of updated Editorial Content in the Electronic Licensed Product(s) is dependent on the continuing contractual relationship between Avandé and the AMA.
   4. The End User must ensure that anyone with authorized access to the Electronic Licensed Product(s) will comply with the provisions of the End User Agreement.
   5. The End User may only make copies of the Electronic Licensed Product(s) for back up or archival purposes. All notices of proprietary rights, including trademark and copyright notices, must appear on all permitted back up or archival copies made.
   6. This End User Agreement will terminate in the event of default
   7. This End User Agreement will require a license fee or other consideration (paid for by Avandé)
   8. In the event a provision of this End User Agreement is determined to violate any law or is unenforceable, the remainder of the End User Agreement will remain in full force and effect.
   9. AMA is a third party beneficiary of this End User Agreement.
   10. License to use CPT for any use not authorized herein must be obtained through the American Medical Association, CPT Intellectual Property Services. License Applications are available at the AMA’s web site.
   11. Where required for Avandé accounting purposes, the End User shall accurately count Users for CPT Editorial Content as contained in each Electronic Licensed Product, as applicable. End-User shall report to Avandé the accurately counted number of Users of CPT Editorial Content, as contained in each Electronic Licensed Product, as applicable (in order that Avandé may accurately report and pay royalties to the AMA).
   12. Where required by AMA, Avandé may disclose to the AMA for the purposes of royalty fee user calculations, the name as stored in Avandé’s user logs, of any end-user who accepts this agreement.
3. S. Government Rights
   60611. This product includes CPT which is commercial technical data, which was developed exclusively at private expense by the American Medical Association (AMA), 330 North Wabash Avenue, Chicago, Illinois 60611. The AMA does not agree to license CPT to the Federal Government based on the license in FAR 52.227-14 (Data Rights - General) and DFARS 252.227-7015 (Technical Data - Commercial Items) or any other license provision.  The AMA reserves all rights to approve any license with any Federal agency.
4. Disclaimer of Warranties and Liabilities
   1. Editorial Content as contained in the Electronic Licensed Products is provided “as is” without any liability to the AMA, including without limitation, no liability for consequential or special damages, or lost profits for sequence, accuracy, or completeness of data, or that it will meet the End User’s requirements, and the AMA’s sole responsibility is to make available to Avandé replacement copies of the Editorial Content if the data is not intact; and the AMA disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in Editorial Content.
5. Definitions:
   1. Editorial Content: CPT “Editorial Content” is defined as  content from the print publication Current Procedural Terminology, Fourth Edition (“CPT Book”) and the data file(s) of Current Procedural Terminology (“CPT^®”) including CPT^® Standard, all as available from the AMA (individually and collectively called “CPT Data File”) published by the AMA in the English language as used in the United States (collectively, “CPT” or “CPT^® Editorial Content”), a coding work of nomenclature and codes for reporting of healthcare services, together with content from the print publication CPT^® Assistant, a newsletter published by the AMA in the English language as used in the United States; content from the print publication CPT^® Changes, a book published by the AMA in the English language as used in the United States; content from the data file published by the AMA of the International Classification of Diseases 10th Revision Clinical Modification and Procedure Coding System (“AMA’s Version of ICD-10-CM/PCS”); content from the data file published by the AMA of the Healthcare Common Procedure Coding System Level II (“AMA’s Version of HCPCS”); CPT^® Link; CPT^® to SNOMED CT^® and SNOMED CT^® to CPT^® Maps (“SNOMED CT^® Maps”) as contained in CPT^® Link or as obtained separately; codes and descriptors contained in the CPT^® consumer descriptor file published by the AMA (“CPT^® Consumer Friendly Data”); and content from the data file published by the AMA of CPT® Knowledge Base.
   2. Licensed Product: The “Licensed Product” is Avandé’s report.
   3. User: A “User” is defined as an individual who: accesses, uses, or manipulates CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT^® Maps, as applicable, contained in the Electronic Licensed Product; or accesses, uses, or manipulates the Electronic Licensed Product to produce or enable an output (data, reports, or the like) that could not have been created without the CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT^® Maps, as applicable, embedded in the Electronic Licensed Product(s) even though CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT^® Maps, as applicable, may not be visible or directly accessible; or makes use of an output of the Electronic Licensed Product that relies on or could not have been created without the CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT^® Maps, as applicable embedded in the Electronic Licensed Product even though CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT^® Maps, as applicable, may not be visible or directly accessible.