Common use of Databases Clause in Contracts

Databases. CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT THE CLINICAL INFORMATION CONTAINED IN THE DATABASE PORTIONS OF THE SOFTWARE (COLLECTIVELY, THE “DATABASES,” WHICH DATABASES SHALL BE INCLUDED IN THE DEFINITION OF THE SOFTWARE) IS INTENDED TO SUPPLEMENT, NOT REPLACE, THE KNOWLEDGE, SKILL AND JUDGMENT OF HEALTHCARE PROFESSIONALS REGARDING PATIENT CARE, DRUG THERAPY PROBLEMS AND PATIENT COUNSELING INFORMATION, AND IS SOLELY FOR USE BY OR UNDER THE DIRECT SUPERVISION OF LICENSED HEALTHCARE PROFESSIONALS. CLIENT AND ITS AUTHORIZED USERS ARE ADVISED TO REVIEW THE DEFINITIONS, FUNCTIONALITY AND LIMITATIONS OF THE SOFTWARE AND SERVICES. CLIENT IS RESPONSIBLE FOR ENSURING THAT ITS AUTHORIZED USERS FOLLOW PROPER PROCEDURES REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, HIPAA, AND BY GOOD PROFESSIONAL MEDICAL AND DATA HANDLING PRACTICE WITH REGARD TO THE FORM OF PATIENT RECORDS, THE CREATION AND STORAGE OF BACKUP COPIES OF COMPUTERIZED PATIENT RECORDS, CONSENTS TO TREAT OR DISCLOSE, AND USE AND RELEASE OF DATA. CLIENT SHALL COMPLY WITH ALL RECOMMENDATIONS OF COMPANY REGARDING FOLLOWING COMPANY’S THEN-CURRENT, APPLICABLE POLICIES REGARDING USE OF THE SOFTWARE AND ALL UPDATES, UPGRADES, WORKAROUNDS OR MODIFICATIONS THERETO. CLIENT IS RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY ITS PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. NEITHER THE PROVISION NOR SUPPORT OF THE SOFTWARE BY COMPANY SHALL BE DEEMED TO BE ADVICE AS TO THE CONFORMITY OF THE SOFTWARE WITH ANY APPLICABLE STATE, FEDERAL OR LOCAL LAW.

Databases. CLIENT CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE CLINICAL INFORMATION CONTAINED IN THE DATABASE PORTIONS OF THE SOFTWARE (COLLECTIVELY, THE “DATABASES,” WHICH DATABASES SHALL BE INCLUDED IN THE DEFINITION OF THE SOFTWARE) IS INTENDED TO SUPPLEMENT, NOT REPLACE, THE KNOWLEDGE, SKILL AND JUDGMENT OF HEALTHCARE PROFESSIONALS REGARDING PATIENT CARE, DRUG THERAPY PROBLEMS AND PATIENT COUNSELING INFORMATION, AND IS SOLELY FOR USE BY OR UNDER THE DIRECT SUPERVISION OF LICENSED HEALTHCARE PROFESSIONALS. CLIENT THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION SHALL NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. CUSTOMER AND ITS AUTHORIZED USERS ARE ADVISED TO REVIEW THE DEFINITIONS, FUNCTIONALITY AND LIMITATIONS OF THE SOFTWARE AND SERVICESDATABASES. CLIENT CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ITS AUTHORIZED USERS FOLLOW PROPER PROCEDURES REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, HIPAA, AND BY GOOD PROFESSIONAL MEDICAL AND DATA HANDLING PRACTICE WITH REGARD TO THE FORM OF PATIENT RECORDS, THE CREATION AND STORAGE OF BACKUP COPIES OF COMPUTERIZED PATIENT RECORDS, CONSENTS TO TREAT OR DISCLOSE, AND USE AND RELEASE OF DATA. CLIENT CUSTOMER SHALL COMPLY WITH ALL RECOMMENDATIONS OF COMPANY REGARDING FOLLOWING UPDATING AND SUPPLEMENTING THE INFORMATION CONTAINED IN THE DATABASES, AND TO FOLLOW COMPANY’S THEN-CURRENT, APPLICABLE POLICIES REGARDING USE OF THE SOFTWARE AND ALL UPDATES, UPGRADES, WORKAROUNDS OR MODIFICATIONS THERETO. CLIENT CUSTOMER IS RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY ITS PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. NEITHER THE PROVISION NOR SUPPORT OF THE SOFTWARE BY COMPANY SHALL BE DEEMED TO BE ADVICE AS TO THE CONFORMITY OF THE SOFTWARE WITH ANY APPLICABLE STATE, FEDERAL OR LOCAL LAW.

Databases. CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT THE CLINICAL INFORMATION CONTAINED IN THE DATABASE PORTIONS OF THE SOFTWARE (COLLECTIVELY, THE “DATABASES,” WHICH DATABASES SHALL BE INCLUDED IN THE DEFINITION OF THE SOFTWARE) IS INTENDED TO SUPPLEMENT, NOT REPLACE, THE KNOWLEDGE, SKILL AND JUDGMENT OF HEALTHCARE PROFESSIONALS REGARDING PATIENT CARE, DRUG THERAPY PROBLEMS AND PATIENT COUNSELING INFORMATION, AND IS SOLELY FOR USE BY OR UNDER THE DIRECT SUPERVISION OF LICENSED HEALTHCARE PROFESSIONALS. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION SHALL NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. CLIENT AND ITS AUTHORIZED USERS ARE ADVISED TO REVIEW THE DEFINITIONS, FUNCTIONALITY AND LIMITATIONS OF THE SOFTWARE AND SERVICESDATABASES. CLIENT IS RESPONSIBLE FOR ENSURING THAT ITS AUTHORIZED USERS FOLLOW PROPER PROCEDURES REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, HIPAA, AND BY GOOD PROFESSIONAL MEDICAL AND DATA HANDLING PRACTICE WITH REGARD TO THE FORM OF PATIENT RECORDS, THE CREATION AND STORAGE OF BACKUP COPIES OF COMPUTERIZED PATIENT RECORDS, CONSENTS TO TREAT OR DISCLOSE, AND USE AND RELEASE OF DATA. CLIENT SHALL COMPLY WITH ALL RECOMMENDATIONS OF COMPANY REGARDING UPDATING AND SUPPLEMENTING THE INFORMATION CONTAINED IN THE DATABASES, AND TO FOLLOWING COMPANY’S THEN-CURRENT, APPLICABLE POLICIES REGARDING USE OF THE SOFTWARE AND ALL UPDATES, UPGRADES, WORKAROUNDS OR MODIFICATIONS THERETO. CLIENT IS RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY ITS PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. Prescription Transmission. Customer acknowledges that: (i) electronic transmission of prescriptions may not be legal in all states; (ii) the electronic transmission of prescriptions may not be legal with respect to all classes of drugs in those states where it is legal; (iii) the content requirements for prescriptions vary from state to state; (iv) NEITHER COMPANY NOR DAS MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SUCH LEGALITY, AND DOES NOT ENDORSE, APPROVE OR RECOMMEND ANY OF THE INFORMATION IN THE DATABASES; AND (v) NEITHER THE PROVISION NOR SUPPORT OF THE SOFTWARE BY COMPANY OR DAS SHALL BE DEEMED TO BE ADVICE AS TO THE CONFORMITY OF THE SOFTWARE WITH ANY APPLICABLE STATE, FEDERAL OR LOCAL LAW.