END USER AGREEMENT FOR ONLINE VERSION OF
ASTRO/ACR GUIDE TO RADIATION ONCOLOGY CODING 2008
IMPORTANT. READ CAREFULLY: This is a binding End User Agreement (“Agreement”) between the American Society for Therapeutic Radiology and Oncology, Inc. (“ASTRO”), a non-profit corporation and you, the user (“You”) for the access and use of the "online" or electronic version of the ASTRO/ACR Guide to Radiation Oncology Coding 2008 (the “Guide”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING ON THE "I AGREE" BUTTON AT THE BOTTOM OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE ONLINE VERSION OF THE GUIDE.
1.0 Access to the Online Guide.
1.1 Identification and Password. You have purchased the Web and PDA version of the ASTRO/ACR Guide to Coding 2008 which allows you access to and use of the online version of the Guide in the United States. If You are not located in the United States, You may not use this product. After your purchase, You were sent an e-mail communication containing a user identification (“ID”) and password, which you must use to access the Guide on the ASTRO web site.
1.2 Authorized User. ASTRO’s grant to You of online access to and use of the Guide extends only to You and may not be transferred to or extended to others. (Additional user licenses may be purchased separately for others in your organization by contacting ASTRO at: http://www.astro.org/HealthPolicy/RadiationOncologyCoding/EmailQuestions_or_Issues/index.asp. You agree to maintain your user ID and password as private and confidential information. Unauthorized use of your user ID and password for online access to the Guide, with or without your knowledge, is a breach of this Agreement and a violation of ASTRO’s intellectual property rights.
2.0 License.
2.1 Grant. ASTRO grants You a nontransferable, nonexclusive license to access and use the online version of the Guide solely for your private use or research within the United States. You agree to use this online access in a way that conforms with all applicable laws and regulations.
2.2 Limitations. You may not copy, download, print, transmit, alter, modify, adapt, create derivative works (including translations), perform, display, publish, recompile, distribute (via the Internet or other public computer base information system or otherwise), transfer, lease, resell, or otherwise make available any text, search results, or other information from the Guide without prior written permission of ASTRO. You agree not to disable or bypass any security measures or copyright protection on ASTRO’s web site or in the Guide. All rights not expressly granted herein are reserved to ASTRO.
3.0 Term and Termination.
3.1 Term. This Agreement will become effective upon receipt by ASTRO of the Agreement assented to by You, and, subject to the terms and conditions of this Agreement, including without limitation, Section 3.2 below, will remain in effect until December 31, 2008.
3.2 Termination. This Agreement may be terminated:
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3.3 Survival. The provisions of Sections 2.2, 3.3, 4.0, 5.0, 9.0, 10.0, and 11.0 shall survive any expiration or termination of this Agreement.
4.0 AMA Content. By permission of the American Medical Association (“AMA”), the Guide contains content from the print publication Current Procedural Terminology, Fourth Edition and the data file of Current Procedural Terminology published by the AMA in the English language as used in the United States (collectively, “CPT”). The inclusion or provision of any updates to the CPT contained in the Guide is dependent on the continuing permission of the AMA.
5.0 Intellectual Property Ownership. The Guide is protected by copyright and other intellectual property laws and treaties. Copyright notices in the Guide may not be removed, obscured, or modified in any way. ASTRO or its licensors or affiliates own the title, copyright, and all other intellectual property rights in and to the Guide, as well as all materials contained on the ASTRO web site, including, but not limited to, the textual material, artwork, photographs, audio and visual elements, and the selection, arrangement and coordination of materials on the web site. AMA owns the copyright in CPT, and the term “CPT” is a registered trademark of the AMA.
6.0 U.S. Government Rights. This product includes CPT which is commercial technical data and/or computer databases 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 databases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions 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.
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8.0 Official Version of Record. ASTRO is responsible for ensuring that the online version of the Guide corresponds in content with the print version, but ASTRO does not guarantee that it does. In the event of any inaccuracy or any discrepancy between the print and online versions, the print version will be the official version of record.
9.0 Disclaimer of Warranties and Limitation of Liability. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, ASTRO, ON BEHALF OF ITSELF AND THE AMERICAN COLLEGE OF RADIOLOGY (“ACR”) AND THE AMA, MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE GUIDE, INCLUDING ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ASTRO NOR ITS LICENSORS OR AFFILIATES, INCLUDING WITHOUT LIMITATION THE ACR AND THE AMA SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE GUIDE, ASTRO’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ASTRO OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASTRO IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ASTRO OR ITS LICENSORS OR AFFILIATES, INCLUDING WITHOUT LIMITATION THE ACR AND THE AMA FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE GUIDE.
WITHOUT LIMITING THE FOREGOING, NEITHER ASTRO NOR ITS LICENSORS OR AFFILIATES, INCLUDING WITHOUT LIMITATION THE ACR AND THE AMA, MAKES ANY WARRANTY WITH RESPECT TO CPT, AS CONTAINED IN THE GUIDE, INCLUDING WITHOUT LIMITATION, SEQUENCE, ACCURACY, OR COMPLETENESS OF DATA, OR THAT IT WILL MEET YOUR REQUIREMENTS. CPT IS PROVIDED “AS IS,” AND NEITHER ASTRO NOR ITS LICENSORS OR AFFILIATES, INCLUDING WITHOUT LIMITATION THE ACR AND THE AMA, SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LOST PROFITS, INCLUDING WITHOUT LIMITATION, ANY DAMAGES DUE TO USE, MISUSE, OR INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN CPT. IF CPT DATA IS NOT INTACT, THE AMA’S SOLE RESPONSIBILITY IS TO MAKE AVAILABLE TO ASTRO AND ACR THE REPLACEMENT COPIES OF CPT.
The foregoing limitations of liability and exclusions of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against ASTRO or its licensors or affiliates, including without limitation the ACR and the AMA, unless suit is filed thereon within one (1) year after the event giving rise to the claim.
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11.0 General
11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior communication between the parties with respect to the subject matter hereof.
11.2 Headings. The headings used in this Agreement are for convenience only and are not to be considered in construing the terms of this Agreement.
11.3 Amendment/Waiver. The failure of any party to enforce at any time the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, shall in no way be constituted to be a present or future waiver of such provisions, nor in any way affect the ability of any party to enforce each and every such provision thereafter. The express waiver by any party of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. This Agreement may be modified by ASTRO at any time, at its sole discretion. A current version of the agreement can be found at: http://www.astro.org/HealthPolicy/RadiationOncologyCoding/ASTRO%5For%5FACRGuideToRadiationOncology/LicenseAgreement/index.asp
11.4 Assignment. ASTRO may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer, or sublicense your rights under this Agreement.
11.5 Governing Law and Venue. This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia. Any action arising out of or relating to this Agreement or the Guide shall be brought in courts situated in the Commonwealth of Virginia and the parties consent to the jurisdiction of such courts.
11.6 Contact/Inquiries. If you have any inquiries about the terms of this Agreement, or about use of the online version of the Guide, you may contact ASTRO at: codingquestion@astro.org.
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