Physicians’ Fee Reference® License Agreement 2006

Physicians’ Fee Reference® Developers License Agreement 2006

Yale Wasserman DMD, Medical Publishers, Ltd. P.O. Box 510949

Milwaukee, WI 53203 (414) 272-3232 (414) 272-6666 FAX

This is a legal agreement between you the end user, and Yale Wasserman DMD Medical Publishers Ltd. The Physicians’ Fee Reference® (PFR) Pricing Program is licensed by Yale Wasserman, DMD Medical Publishers, Ltd. for use only on the terms set forth herein. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE SIGNING.

You May:

· Use the PFR Pricing Program or PFR Data Files as a single user only unless you purchase a multi user license. This license is not for unlimited users unless indicated. Should you wish to add more users you will need to license each additional user. See Description below for PFR/CPT^® user definition.

· Make a copy of this software for backup or archival purposes only. All permitted backup and archival copies must display proprietary rights and copyrights for PFR/ CPT^®.

You May Not:

· Use the PFR Pricing Program or PFR Data Files on a multi user network (LAN/WAN/Intranet/Internet) unless you have a multi user agreement and provide application level security as well as single user password security.

· Transfer, copy or merge the PFR Pricing Program or PFR Data Files into any other computer or application without written permission.

· Sell, lease, license, translate, transfer, share or otherwise make available to an unauthorized party any portion or derivative of the PFR Pricing Program, PFR Data Files or CPT in hard or soft copy form to any unauthorized party.

· Reverse engineer, decompile, or create derivative works from the PFR Pricing Program or PFR Data Files or CPT.

· Use this software to perform medical diagnostic functions or set treatment procedures or substitute for the medical judgment of a physician or qualified health care provider.

DESCRIPTION:

The PFR Pricing Program contains the following proprietary information: 5 digit 2006 CPT code & descriptions © 2005 AMA, PFR Data Files: 50th, 75th & 90th Fee Percentiles ©2006 PFR , Total RBRVS units & Follow-Up Days, PFR Geographic Adjustment Factors and PFR Coding Tips/notes. A PFR or CPT User is an individual who (1) accesses, uses, and/or manipulates CPT codes and/or descriptions contained in the product either at the input (the point at which data is entered into the product), the output (the point at which data, reports, or the like are received from the product), or both phases of using the product; or (2) accesses, uses, and/or manipulates the product to produce or enable an output that could not have been created without the CPT embedded in the product even though CPT may not be visible or directly accessible; or (3) makes use of an output of the product that relies on or could not have been created without the CPT embedded in the product even though CPT may not be visible or directly accessible.

TERM:

This License Agreement is effective until terminated. Annual updates are protected by this agreement. You may terminate it by returning the PFR Pricing Program or destroying all copies and derivatives and so notifying Yale Wasserman DMD, Medical Publishers Ltd. of your intention to cancel in writing. Yale Wasserman DMD Medical Publishers Ltd. reserves the right to terminate this license agreement if Licensee violates the terms set forth in this agreement. Updated versions of CPT is dependent upon the continuing contractual relations with the AMA. This agreement is nontransferable, nonexclusive, and for the sole purpose of the internal use at the licensee’s installation site and only within the U.S.

LIMITED WARRANTY:

THE PFR PRICING PROGRAM AND CPT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND DISCLAIM ALL LIABILITY EXPRESSED OR IMPLIED OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH THE LICENSEE. The AMA does not warrant the data contained in CPT will meet the end users requirements, or that the use of the software will be uninterrupted or without error. The PFR makes no warranty no guarantee regarding the information, express or implied, and accepts no responsibility for the accuracy, suitability or completeness of the information provided.

LIMITATION ON LIABILITY & LIABILITY DISCLAIMER:

THE LICENSER’S OR AMA’S ENTIRE LIABILITY WARRANTY WITH RESPECT TO CPT WILL BE TO USE REASONABLE EFFORTS BY LICENSER TO CORRECT DEFECT OR FURNISH A REPLACEMENT OF THE SOFTWARE WITHIN A REASONABLE SPECIFIED PERIOD OF TIME. In no event shall the PFR be liable for any damages arising from the use or misuse of this information, including, but not limited to, any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use this information. The AMA assumes no responsibility for the consequences attributable or related to any use or interpretation of any information or

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Physicians’ Fee Reference® Developers License Agreement 2006

LIMITATION ON LIABILITY & LIABILITY DISCLAIMER: (Continued)

views contained in or not contained in this product. The AMA disclaims any and all liability including liability for the sequence, accuracy and completeness of data contained in CPT. In no way will the AMA or publishers of this software will be liable for special, incidental, indirect, and/or any consequential damages including lost profits. Though all of the fee information and coding are carefully researched and checked for validity, and completeness, Yale Wasserman DMD Medical Publishers Ltd. does not accept any responsibility or liability with regard to errors, omissions, misuse, or misinterpretation. The inclusion or exclusion of any given procedure or code does not in any way constitute a recommendation or preferred technique or approach to medical treatment or reimbursement.

COPYRIGHT & MEDICAL AND FEE DISCLAIMER:

Any five-digit numeric Physician Current Procedural Terminology, (CPT) codes, service descriptions, two digit modifiers, instructions and/or guidelines are Copyright 2005. All Rights Reserved. Anyone who has authorized access to this software must comply with the terms & CPT copyright provisions of this license. The AMA does not directly or indirectly practice medicine or dispense medical services. No fee schedules, basic unit values, relative value guides, conversion factors or scales are included in CPT. The PFR Pricing Program is Copyright 2005. All Rights reserved. This is a proprietary product of Yale Wasserman, DMD Medical Publishers Ltd., and is protected by copyright laws and international treaty. The PFR Pricing Program is designed as a marketing tool and as its name implies, is for reference only. The PFR Pricing Program is sold with the understanding that it does not render medical, legal, bookkeeping, or other professional services requiring a license or otherwise. Fee information contained in the PFR Pricing Program should not be used exclusively to set/determine fees nor to be taken as a recommended fee schedule but rather as a guide to assist the end user in understanding the U.S. medical marketplace. The final decision and responsibility for medical pricing lies with the provider of the service. The PFR Pricing Program should not be used for Medicare or Medicaid pricing.

U.S. GOVERNMENT RIGHTS:

Applicable FARS/DFARS Restrictions Apply to Government Use. This product includes CPT which is commercial technical data and/or computer data bases 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 N. State Street, Chicago, Illinois, 60610. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(3) (June 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.

GENERAL:

You may not sub license, assign or transfer this license. Any attempt otherwise to sub license, assign or transfer any of the rights, duties, or obligations hereunder is void. If any provision of this license agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this license agreement and shall not affect the validity and the enforceability of remaining portions of this License Agreement. Should you have any questions you may contact Yale Wasserman, DMD Medical Publishers, Ltd.

PRICE:

Price per single user $799. Additional users are $399.50 each. 10-user license $4500. 20-user license $7,000

The PFR Developers Version is non-refundable.

(Please print)

Company (Party 1) ____________________ Licensee (individual) _____________________________

Signature ___________________________________ Title _____________ Date _____________

(Please print)

Company (Party 2) _____________________ Licensee (individual) _____________________________

Signature ___________________________________ Title _____________ Date _____________

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Physicians’ Fee Reference® Developers Version Order Form 2006

Yale Wasserman DMD, Medical Publishers, Ltd. P.O. Box 510949

Milwaukee, WI 53203 (414) 272-3232 (414) 272-6666 FAX

REQUEST FOR MULTIPLE USER LICENSE

PRICE:

Price per single user $799. Additional users are $399.50 each. 10-user license $4500. 20-user license $7,000

The PFR Developers Version is non-refundable.

SHIP TO:

Name ____________________________________________________________

Company _________________________________________________________

Address ___________________________________________________________

City _______________________________ St________ Zip ________________

Phone _____________________Fax _____________________ Email ____________________

Number of Users ___________ Amount __________

CC______________________________________ Exp _________

9/16/05

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