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limited to, clinical laboratories, radiology-imaging providers and others that provide results or <br /> reports to Participants, to public health officials, to governmental agencies and others through a <br /> Push Message. <br /> (bb) User Access Policies shall mean a Participant's policies and procedures <br /> that govern the acquisition, access, Disclosure or use of Patient Information through the HIE <br /> Network by such Participant's Authorized Users using such Participant's System <br /> 3. PURPOSE AND SCOPE. This Agreement sets forth the provisions governing the <br /> acquisition, access,Disclosure or use of Patient Information through the HIE Network It is the <br /> intent of the parties hereto to protect the confidentiality, privacy and security of Patient <br /> Information in accordance with this Agreement, the NC HIE Policies and Procedures, and <br /> Applicable Law. <br /> 4. LICENSE TO ACCESS PATIENT INFORMATION <br /> (a) By Participants. During the Term defined in Section 11(a),and solely as <br /> permitted by this Agreement,NC HIE hereby grants Participants a non-exclusive,personal,non- <br /> transferable, non-sublicensable, revocable in accordance with Section 11 limited license to <br /> access, Disclose and use Patient Information through the HIE Network to carry out Permitted <br /> Purposes and to comply with the requirements of Applicable Law. <br /> (b) By NC HIE. Participant hereby grants separately to NC HIE and all other <br /> Participants an irrevocable, non-exclusive, royalty-free right and license to use all Patient <br /> Information and Confidential Information that was Disclosed by Participant through the HIE <br /> Network during the Term of this Agreement and solely as permitted by this Agreement, which <br /> will survive the termination or expiration of this Agreement. Nothing in the grant of a license <br /> shall be deemed to limit the provision of this Agreement or of Applicable Law that makes Patient <br /> Information incorporated into a Recipient's medical records, other data or databases, the <br /> property,and the legal responsibility of the Recipient. <br /> 5. OBLIGATIONS OF PARTICIPANTS. <br /> (a) Participant shall be responsible for assuring that Participant and its <br /> Authorized Users have all equipment,software and other resources necessary and appropriate to <br /> acquire, access, use and Disclose Patient Information through the HIE Network in accordance <br /> with this Agreement and to conform to any applicable technical specifications outlined NC HIE <br /> Policies and Procedures. <br /> (b) Participant may authorize persons whose conduct, in the performance of <br /> work for the Participant, is under the direct control of the Participant, including members of its <br /> own workforce, its independent contractors, and credentialed members of its medical or other <br /> professional staffs to access,Disclose or use Patient Information through the HIE Network only <br /> to the extent consistent with this Agreement and solely for Permitted Purposes. Participant <br /> acknowledges and agrees that it is responsible for its Authorized Users' access, Disclosure and <br /> use of Patient Information through the Informatics Center and for any other individuals' use of <br /> the Informatics Center by use of any security credential received or obtained, directly or <br /> indirectly, lawfully or unlawfully, from the Participant or its Authorized Users.Disclose or use <br /> Patient Information through the HIE Network only to the extent consistent with this Agreement <br /> and solely for Permitted Purposes. Participant acknowledges and agrees that it is responsible for <br /> its Authorized Users' access, Disclosure and use of Patient Information through the HIE <br /> 6 <br />