2. Updates&New Versions. An important part of PDC's on-going research and development to optimize the effectiveness of the Software is
<br /> its regular evaluation of the experience,findings and recommendations of licensed Software users in the field;the College of Fellows of the
<br /> International/National Academies of Emergency Dispatch ("INNAED');Quality Assurance programs;and of its own,internal research and
<br /> studies.Consequent to these and other research and development activities,PDC may,from time to time,prepare and release Updates and/or
<br /> New Versions of the Software.Notifications for Updates and/or New Versions of the Software are sent electronically(via email). In order to
<br /> ensure receipt of the Software notifications,Client must register at http://,,vw%v.i)rioriiydispatch.net/supl2ort/int notili cation.nhn.As part of its
<br /> registration obligation,Client agrees to keep all its registration information current and up-to-date and understands it is solely responsible for
<br /> ensuring it receives Software notifications.
<br /> a. Updates(see also,defined term"Update"in Appendix A to this BSP).When PDC determines that particular improvements,
<br /> modifications or enhancements may be useful as an Update to the current Version,PDC may issue an Update to licensees who have
<br /> maintained their online Software notification registration and BSP/ESP current as provided herein. Client shall,within 90 days of an
<br /> Update release from PDC,implement such Update.Client's failure to register for Software notifications and implement Updates,as
<br /> provided here,would constitute a Breach of the CLA,giving cause for PDC to terminate this Agreement or withhold further Service and
<br /> Support. Such Updates may be accompanied by instructions for updating the Software. Installation of an Update in accordance with such
<br /> instructions is not a modification prohibited by the section of the Agreement titled"Use and Protection of the Licensed Product(s)and
<br /> PDS."
<br /> b. New Versions(see also,defined tern"Version"in Appendix A).When PDC determines that substantial revisions to the Software(among
<br /> other factors)may justify it,PDC may issue a new Version of the Software C New Version").PDC may thereafter cease issuing Updates
<br /> for versions and editions preceding the New Version.Said New Version then becomes the current version and edition of the Software,but
<br /> is not licensed to you.It constitutes a new product that can only be obtained through the purchase of a new license from PDC that is
<br /> licensed under a new agreement with PDC.During an introductory period licensees who are current in their registration and service plan
<br /> with the preceding version may be offered,for a reduced fee,a license to use the New Version.The New Version will be governed by
<br /> PDC's then-current license agreement and BSP for the New Version.New licenses,as well as Updates,will only be issued for the then-
<br /> current Version.PDC is not obliged to maintain or support prior or outdated versions and/or editions.
<br /> Extended Service will not be available indefinitely after a New Version of the Software is released to replace a prior version. While not obliged
<br /> to up-grade to a New Version,users that continue to use prior versions after a New Version has been so offered to them by PDC are solely
<br /> responsible for their continued use,and for the results obtained from such continued use,of any prior version. You hereby agree to indemnify
<br /> and hold PDC and the INAED harmless from and against any damages and liabilities that may arise from your election not to implement any
<br /> New Version offered to you by PDC.
<br /> 3.Responsibility.Client assumes full responsibility for ascertaining the suitability of,and for its selection of,the Software,as well as for its
<br /> installation,implementation and use,and for the results obtained from it.You are responsible for decisions made and actions taken based on the
<br /> Software. The Software is designed and intended for use by emergency dispatch professionals trained and experienced in the uses and
<br /> limitations of computer software in general,and more specifically,of the emergency dispatch system(s)the Software is designed for as a quality
<br /> management tool.
<br /> 4.Research Data Sharing. In the interests of advancing the state-of-the-art in emergency dispatching through effective use of and
<br /> improvements to the Software,Client shall,in timely response to PDC's reasonable written requests,provide PDC with copies,on disk or tape,
<br /> of the data associated with the functioning of the Software. PDC shall use such data in compliance with applicable government regulations and
<br /> restrictions(including,without limitation,HIPAA in the U.S.),and may use such data for research and development purposes. It will not make
<br /> any external,public use or release of such research data without the prior written consent of Client. Furthermore,PDC will not request data in a
<br /> manner that includes any names or personal identifying information or that indicates Client as the source of the data.
<br /> 5.Expert-System Disclosure.This expert system is designed for use by EDs who have been trained and certified in the use of the PDS and who
<br /> function in a prescribed PDS quality assurance environment.It is not a novice system.The system design envisions occasions when even the
<br /> trained ED will have to make a subjective decision regarding a caller's response and make the most correct selection from the list of choices
<br /> presented.The design of this system incorporates current professional and logic accuracy.Of necessity,however,it also reflects some subjective
<br /> opinions of professional experts and programmers with which others may reasonably disagree.The system and its necessary maintenance
<br /> components must be considered and approved by local control entities and ED agency administration,prior to implementation and on-line use
<br /> by trained EDs.The system also envisions that,when appropriate,trained EDs will have the option of"overriding"a system-recommended
<br /> choice for enhanced patient safety and that they will choose the"most appropriate"telephone treatment options from available menus.New
<br /> information may change the complexion of the emergency during the call as EDs validate caller responses or treatment.This system allows the
<br /> trained ED to"reconfigure"response levels based on new information.With the foregoing in mind,this system cannot reasonably be expected
<br /> to predict exact outcomes or unerring ED performance in all cases.The designers recommend that Quality Assurance mechanisms be put in
<br /> place that include review of each of these"special choice"situations for ED correctness and consistency.The designers also recommend
<br /> continuing emergency dispatch training and periodic PDS refresher courses to keep trained EDs certified and up-to-date with current standards
<br /> of professional dispatch practice and care.This system cannot,under this license,ever be used by non-INNAED-certified individuals. Failure to
<br /> maintain an adequate number of certified personnel will void this license and all materials covered hereunder must be immediately returned.
<br /> 6.Modiftcation of Software,Cards,or PDS.Other than as specifically provided in this BSP,you may not modify,change,or alter the PDS
<br /> Protocols or anything on the Software,Cards,or PDS without the prior,express,written consent of PDC.This BSP outlines the scientific
<br /> process of protocol modification,which is performed by the College of Fellows of the INNAED(see sections titled"Changing the PDS"and
<br /> "Accepted Process for PDS Modification"in this BSP).Implementation of Updates,as provided in the section of this BSP titled"Updates&
<br /> New Versions,"qualifies as a modification,change,or alteration with PDC's express,written,prior consent.Any unauthorized change made,
<br /> and/or implemented in the Software,Cards,or PDS by the Client is a material Breach of the CLA,giving cause for PDC to terminate this
<br /> Agreement or withhold further Service and Support.
<br /> 6of10
<br /> ©2013 Priority Dispatch Corp.,SLC,UT,USA. All Rights Reserved.
<br /> U.S.Parents:2481681;5857966;5989187;6004266;6010451;6053864;6076065;6078894;6106459;6607481;7106835;7418301;7436937;7645234;8066638;8103523;8294570;8335298;8355483;
<br /> 8396191;8417533;8488748;8494868(other parents pending)
<br />
|