AMA CPT CODES END USER AGREEMENT TERMS
1.Theranest, LLC is a subsidiary of Therapy Brands Holdings, LLC (the Company) uses content from the print publication Current Procedural Terminology, Fourth Edition (CPT), which is copyrighted by the American Medical Association. CPT® is a registered trademark of the AMA.
2. The Company as a party to a license agreement with the AMA (the Agreement) is authorized to grant Customer a limited, non-exclusive, non-transferable, non-sublicensable license for Customer to use CPT content in the Company’s products, for the sole purpose of internal use by Customer within the United States. The sublicense granted hereunder shall automatically terminate upon termination of the Agreement between the Company and AMA unless prior written consent of AMA is obtained by the Company or a direct license between Customer and AMA is entered.
3. The provision of updated CPT content in the Company’s products is dependent on a continuing contractual relationship between the Company and the AMA.
4. Customer is prohibited from making CPT content publicly available, creating derivative works (including translating), transferring, selling, leasing, licensing, or otherwise making available to any unauthorized party the Company’s products, or a copy or portion of CPT 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.
5. Customer expressly acknowledges and agrees to the extent permitted by applicable law, use of the CPT content is at Customer’s sole risk and the CPT 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 CPT content does not replace the AMA’s Current Procedural Terminology book or other appropriate
coding authority. The coding information contained in the CPT content should be used only as a guide.
6. Customer is required to keep records and submit reports including information necessary for the calculation of royalties payable to the AMA by the Company, of the same type as required of the Company under this Agreement. All records and reports required under this Section shall be subject to audit by AMA.
7. The following notice is applicable to U.S. Government Customers:
U.S. Government Customers. 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).
8. Customer must ensure that anyone with authorized access to the Company’s software services will comply with the provisions of the End User Agreement Terms.
9. AMA shall be named as a third-party beneficiary of the End User Agreement Terms.
10. Customer expressly consents to the release of its name to the AMA in connection with royalty payments for use of CPT content in the Company’s software services.