DEX® Diagnostics Exchange Registry Proprietary Notice

Published 01/10/2022

General Terms: Palmetto GBA LLC and/or one of its subsidiaries (“Palmetto GBA”) is the owner/licensor of the DEX® Diagnostics Exchange Registry software product (“Software”) that includes clinical content comprising information about laboratory tests for molecular diagnostics (“Clinical Content”), and DEX Z-Codes® (“Z-Codes”) created by Palmetto GBA to identify laboratory tests (the Clinical Content, the  Z-Codes, and the Software, are collectively referred to as the “Work”). The Work contains proprietary, confidential and trade secret information of Palmetto GBA and may only be used by licensees who have an existing license agreement in force only under the time-limited license as provided under that license agreement (“Licensee”). Palmetto GBA is the creator and owner of the Z-Codes.  Licensee and any recipient thereunder shall use the Work and the Z-Codes in accordance with the terms and conditions of the license agreement. Any other use of the Work or the Z-Codes is unauthorized and prohibited by law.  In the event of a conflict between these Terms and a written and signed agreement between Palmetto GBA and Licensee, such written and signed agreement shall control. 

If You Have Been Provided Access for Evaluation Purposes: Palmetto GBA is the owner/licensor of the Work. Palmetto GBA has prepared this Work for use solely by its licensees. This Work contains proprietary, confidential and trade secret information of Palmetto GBA. If you have been provided access to the Work for evaluation purposes only, such access is provided to you only under a nontransferable, nonexclusive license whose term is limited to the time frame set forth in the e-mail notification sent to you containing your access password and any other terms or conditions of use provided in writing by Palmetto GBA from time to time. You and any recipient hereunder shall use the Work in accordance with the terms and conditions of this license and the e-mail notification. You are granted this license solely for the purpose of your internal evaluation of the Work as part of your decision whether to license the Work, and for no other purpose. You expressly agree to keep the Work confidential and not to release or disclose the Work to any third party without Palmetto GBA's express written permission. Publication of the Work or unauthorized reproduction of the Work, including, but not limited to, the printing or distribution of any portion of the Work or results obtained as part of the permitted evaluation, adaptation, incorporation into other media, and release of this Work by you, is strictly prohibited except upon prior written permission of  Palmetto GBA. Any copies or reproductions of the Work, whether electronic or physical,  made by you during the limited evaluation term shall be destroyed and shall not be used for any purpose upon the expiration of the term. The permissions granted herein are terminable at will by either party. 

Proprietary Notice: The Work or portions thereof is protected under United States and international copyright law, federal and state trade secret law and/or other intellectual property laws. If this Work is delivered pursuant to a federal government contract that requires the conveyance of rights in data to the government, it is understood that the Work, including commercial software, clinical content, third-party software, documentation and/or other technical data, was developed exclusively at Palmetto GBA's private expense, and that Palmetto GBA will convey only limited or restricted rights in the Work to the government consistent with the guidance set forth in the Federal Acquisition Regulation (“FAR”) and/or FAR Supplements. Conveyance of any additional rights beyond limited or restricted rights in the Work requires Palmetto GBA's express consent contained in a separate written agreement.

Acknowledgments and Disclaimer:

The Work reflects clinical interpretations and analyses and cannot alone either resolve medical ambiguities of particular situations or provide the sole basis for definitive decisions. The Work  is intended solely for use as screening guidelines with respect to the medical appropriateness of healthcare services and not for final clinical or payment determinations concerning the type or level of medical care provided, or proposed to be provided, to a patient. The Work and Z-Codes (without regard to the media in which they are embodied or expressed) are provided on an “As-Is” basis and are being provided for informational purposes only and are not intended as medical advice, or a substitute for the medical advice of a physician.

THE WORK IS PROVIDED "AS IS." PALMETTO GBA DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SERVICE OF THE WORK, OR THE COMPATIBILITY OF OUTPUT USING THE WORK WITH ANY LAW, REGULATION, OR ORDER. IN NO EVENT SHALL PALMETTO GBA BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH, OR ARISING OUT OF, ANY USE OF THE WORK.

Trademarks: DEX®, DEX Diagnostics Exchange®, DEX Diagnostics Exchange Registry® and Z-Codes® are trademarks of Palmetto GBA LLC and/or Blue Cross and Blue Shield of South Carolina.

© 2022 Palmetto GBA LLC. All rights reserved.

No portion of this publication or the Work may be copied, reproduced, or incorporated into any other media without Palmetto GBA's prior written consent.

Third Party Notices:

AMA CPT® Codes: The Work may incorporate the CPT® terminology developed and copyrighted by the American Medical Association ("AMA").  The CPT codes and terminology are provided pursuant to a license agreement between Palmetto GBA and the AMA.

CPT copyright 2021 American Medical Association.  All rights reserved.  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 AMA does not directly or indirectly practice medicine or dispense medical services.  The AMA assumes no liability for data contained or not contained herein.  CPT is a registered trademark of the American Medical Association.

Applicable FARS/DFARS Restrictions Apply to Government Use.

U.S. Government Rights
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 was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60654.  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)(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 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

HGNC: HUGO Gene Nomenclature Committee at the European Bioinformatics Institute http://www.genenames.org/