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* 10. TERMS OF USE

By accessing or downloading the AMP Gene Sequencing Procedure (GSP) Health Economic Models and Micro-Costing Models (each, a “Model” and collectively, the “Models”), You agree to the following:

1. Authorization for You to use the Models is granted pursuant to a non-exclusive license from AMP. This license is non-transferable, including through assignment or sublicense.

2. The Models may be adapted, tailored, stored, and reproduced by You or another employee of your organization for your or your organization’s own internal business purposes. You may insert your organization’s data into the Models and share them with, or submit them to, CMS, CMS contractors or private payers for the purpose of obtaining coverage and/or payment for the GSP. You will not otherwise publish, present, or display any portion of the Models without written permission from AMP.

3. AMP is the owner of the Models, and You will not claim ownership or take any actions which are inconsistent with AMP's ownership rights, including challenging those rights.

4. You will not remove or modify the copyright notice or AMP’s name or logo appearing on any Model.

5. You will not add or display any advertising on any Model. You may add your or your organization’s name and logo, as well as a date, on any Model that you share or submit as provided in Section 2, above, in a manner that does not in any way obscure AMP’s name, logo, or copyright notice.

6. You will not sell or otherwise transfer any Model for a fee or for financial or other commercial gain.

7. You will not knowingly allow any person to make any use of any Model in a manner that violates these Terms of Use.

8. You will notify AMP if you become aware of any use of the Models, or any of them, that violates these Terms of Use.

9. AMP reserves the right to withdraw or modify any Model in its discretion.

10. AMP may terminate the license to use the Models, or any of them, in its discretion.

11. The Models are provided on an “as is” basis and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, AMP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

12. AMP, its officers, directors, employees, members, volunteers, and contractors will not be liable for any direct, indirect, punitive, actual, consequential, special, exemplary, or other damages associated with use of the Models, or any of them.

13. These Terms will be construed in accordance with the laws of the State of Maryland, without regard to conflicts principles, and US federal law with respect to copyright.

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