(a) Licensed Content is copyrighted by the American Medical Association and CPT is a registered trademark of the AMA.
(b) Licensee, as a party to a license agreement with the AMA, is authorized to grant End User a limited, non-exclusive, non-transferable, non-sublicensable license for End User to use Licensed Content in Licensee’s Licensed Product(s), for the sole purpose of internal use, , by End User within the Territory. The sublicense granted hereunder shall automatically terminate upon termination of the Agreement between Licensee and AMA, unless prior written consent of AMA is obtained by Licensee or a direct license between End User and AMA is entered.
(c) The provision of updated Licensed Content in the Licensed Product(s) is dependent on a continuing contractual relationship between Licensee and the AMA.
(d) End User 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 Licensed Product(s), or a copy or portion of Licensed Content to any unauthorized party, including a subsidiary, affiliate, or other legal entity, however designated, for any purpose whatsoever except as expressly permitted in this Agreement. Notwithstanding anything herein to the contrary, to the extent that End User(s) engage in de minimis presentation of Licensed Content in Licensed Product in a non-commercial, clinical setting, such use shall not be deemed to violate the terms of this Appendix A(d).
(e) End User expressly acknowledges and agrees to the extent permitted by applicable law, use of the Licensed Content is at End User’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) End User is required to keep records and submit reports including information necessary for the calculation of royalties payable to the AMA by the Licensee, of the same type as required of Licensee under this Agreement. 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) End User must ensure that anyone with authorized access to the Licensed Product(s) will comply with the provisions of the End User Agreement.
(i) AMA shall be named as a third-party beneficiary of the End User Agreement.
(j) End User expressly consents to the release of its name to the AMA.