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KnowledgeBank: End User License Agreement
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PLEASE READ THE FINE PRINT

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING ANY DATA FROM THIS SITE. BY DOWNLOADING OR USING THE DATA, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN DO NOT DOWNLOAD THE DATA.

  1. Grant: Subject to the terms and conditions of this License Agreement (the "Agreement"), General Electric Company, by and through its GE Healthcare division  (GE Healthcare) hereby grants to you a nonexclusive, nontransferable, royalty-free license (the "License") to use the data you download from this site (the "Data") solely for purposes assisting you in enhancing your use of licensed GE Healthcare software.
    1. You may download and use the Data only if you have a current and valid  License Agreement and a Support Agreement or a License and Support Agreement with GE Healthcare
    2. You may process and store the Data only on the currently released version of GE Centricity EMR and Encounter Form Editor software.
    3. You hereby grant to GE Healthcare a perpetual, nonexclusive, royalty free license, including the right to sublicense, to use, reproduce, distribute, display, modify and prepare derivative works of any data you post on this website. GE Healthcare reserves the right to use all, part, or none of any such data.
  2. Copies. You may copy the Data only as reasonably necessary for your licensed use. You agree to reproduce GE Healthcare's copyright notice on all copies of GE Healthcare copyrighted material. .
  3. Ownership. The Data posted on this website is licensed, not sold, to you. The Data is a proprietary product of GE Healthcare and is protected under U.S. copyright law and international treaty provisions. GE Healthcare retains all rights not specifically granted to you hereunder, including ownership of the Data and all copyrights, trade secrets, or other intellectual property rights in the Data and any accompanying information.
  4. Limitations on Use. You may not use the Data to develop any product for distribution, sell any product produced through use of the Data, or otherwise make any commercial use whatsoever of the Data other than in the course of your business providing medical services and use of the GE Healthcare software. You may not transfer, sublicense, rent, lease, network, distribute, or grant your rights in the Data to others.
  5. Publication Credit. You agree to acknowledge GE Healthcare with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of the Data.
  6. Term of License. The License is effective upon receipt by you of the Data and shall continue until terminated. The License will terminate immediately without notice by GE Healthcare if you fail to comply with the terms and conditions of this Agreement. Upon termination of this License, you shall immediately discontinue all use of the Data provided hereunder, and destroy the original and all copies of all such Data. All of your obligations under this Agreement shall survive the termination of the License.
  7. Warranty.  GE HEALTHCARE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, USE, OR PERFORMANCE OF THIS DATA OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE DATA, FOR ANY PURPOSE. THE DATA IS PROVIDED "AS IS." GE HEALTHCARE MAY NOT REVIEW OR SUPPORT THE DATA AND IS NOT OBLIGATED TO ISSUE UPDATES TO THE DATA. NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND DATA ACCURACY, WILL APPLY.  GE HEALTHCARE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE DATA CONTAINED ON GE HEALTHCARE'S WEB SITES. GE HEALTHCARE MAY MAKE AVAILABLE DATA AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF GE HEALTHCARE'S WEBSITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE   PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL GE HEALTHCARE BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON THIS WEBSITE.
    1. The clinical information contained in any of the content available on this website is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill and judgment of physicians, pharmacists, or other health care professionals in patient care. The user is solely responsible for verifying the accuracy of all patient information before acting on it for clinical purposes. You acknowledge and agree that all clinical and medical treatment and diagnostic decisions are the responsibility of you and your professional healthcare providers.
    2. GE Healthcare does not warrant the accuracy of codes, prices or other data contained in databases provided from third party suppliers which have been incorporated into the Software.
    3.  Although GE Healthcare and its third-party vendors have used reasonable care in obtaining information from sources believed to be reliable and making updates available periodically, you acknowledge that it is your obligation to be informed about any changes or developments in clinical information or guidelines that may not be reflected in the Data and that the absence of an alert or warning for a given course of treatment, drug or drug combination should not be construed to indicate that the treatment, drug or drug combination is safe, appropriate or effective in any given patient.
    4.  You are solely responsible for the proper, complete and accurate submission of claims, including without limitation the determination of proper billing, diagnosis and procedure codes and the maintenance of patient medical records containing appropriate documentation of the services billed.
    5. When selecting a narrative condition or coded diagnosis or  procedure, you must make an independent and informed judgment based upon the patient’s condition and symptoms and/or a physician’s submitted diagnosis, to select a code appropriate for that patient.  GE Healthcare does not make any representation or warranty regarding the appropriateness of any of the narrative or codes displayed for any or all patients.
    6. Since it is possible that a payor’s local medical review policies may be in effect prior to their receipt or update by GE Healthcare or its licensors, you, as a provider under Federal health care programs, assumes responsibility for the accuracy of all claims submitted for services performed for Medicare beneficiaries.
  8. Limitation on Liability. GE HEALTHCARE SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU, ANY OTHER USER OF THE DATA, OR ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL GE HEALTHCARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS DATA, EVEN IF GE HEALTHCARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIMS.
  9. Arbitration. The law of the state where the product is installed or the service is provided will govern any dispute between the parties.  EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT.  Disputes (other than collection matters) arising under or relating to this agreement will be submitted to the American Arbitration Association (“AAA”) office located closest to the largest metropolitan area of the state where the product is installed or the service is provided for binding arbitration in accordance with the AAA’s Commercial Arbitration Rules.  The cost of the arbitration, including the fees and expenses of the arbitrator, will be shared equally, with each party paying its own attorneys’ fees.  The arbitrator will have the authority to award damages only to the extent otherwise available under this agreement.  The limitation of liability and exclusion of damages shall apply even if the limited remedies fail of their essential purpose.
  10. Indemnification. By downloading the Data you agree to hold harmless, indemnify, and defend GE Healthcare, its officers, employees, agents, and any users from and against any loss, damage, liability, claim of loss, lawsuit, cause of action, or other claim asserted against them or any of them arising out of, or in any way connected with, your performance of any activity hereunder
  11. Confidentiality. Each party will treat the terms of this agreement and the other party's written, proprietary business information as confidential if marked as confidential or proprietary.  You will treat the software and any technical information as confidential information whether or not marked as confidential and shall not use or disclose to any third parties any such confidential information except as specifically permitted in this agreement or as required by law (with reasonable prior notice to GE Healthcare).  The receiving party shall have no obligations with respect to any information which (i) is or becomes within the public domain through no act of the receiving party in breach of this agreement, (ii) was in the possession of the receiving party prior to its disclosure or transfer and the receiving party can so prove, (iii) is independently developed by the receiving party and the receiving party can so prove, or (iv) is received from another source without any restriction on use or disclosure.
  12. U.S. Government Restricted Rights. If you are a U.S. Government agency, you acknowledge that the software and data  is a commercial item that has not been developed under a Government contract.  The Government's rights relating to the software and Data are limited to those rights applicable to you as set forth herein and is binding on Government users in accordance with Federal Acquisition Regulation 48 C.F.R. Section 12.212 for non-defense agencies and/or Defense FAR Supplement 48 C.F.R. Section 227.7202-1 for defense agencies.
  13. Export Controls. By downloading this Data, you agree that the Data will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto.

BY DOWNLOADING OR USING ANY DATA FROM THIS SITE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD THE DATA.

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