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authorized in this written Agreement—must be considered unsafe unless and until it has been formally approved through the Academy's
<br /> scientific process referred to above. Unauthorized modifications to or changes of or misuse of the Licensed Product(s)would constitute
<br /> material breaches of this Agreement and give cause for PDC to terminate it and to discontinue S&S hereunder. Because unauthorized
<br /> modification,change and/or misuse of the Licensed Product(s)are expressly not allowed,you are solely responsible for any and all results of
<br /> any such unauthorized modification,change or mis-use,and you hereby agree to indemnify and hold PDC and the I/NAED harmless from and
<br /> against any damages and/or liabilities that may arise from any such breach of this Agreement by you. An example of an unsafe practice would
<br /> include(but not be limited to)the following: The modification or responses to incorporate a"no-send"or"referral"option is not authorized by
<br /> this License. Such practices may only be authorized under a special"Omega"Software License from the I/NAED. Any implementation of any
<br /> such modifications without such an Omega License is an unsafe practice and must not be undertaken. Interested Licensees should contact the
<br /> I/NAED to pursue any contemplated modification. In addition,the use of the software,protocols,and training materials by non-I/NAED-
<br /> certified individuals is considered to be an Unsafe Practice and is not allowed under this license agreement.
<br /> a.CLIENT NOTIFICATION OF ANY UNSAFE PRACTICE(S)AND ITS REMEDIES. The Licensor may at any time for any
<br /> activity it deems as an Unsafe Practice,notify the Client to cease and desist such practices(s),and may,at the Licensor's sole discretion,grant a
<br /> timeframe for such remedies to occur. Reasonable consideration of sincere proposed processes or attempts by a Client so notified to effect
<br /> remedies will not be unreasonably withheld. It is the sole right of the Licensor to invoke an immediate revocation of this license and the return
<br /> of all licensed products if the Unsafe Practice is egregious enough to pose a risk to the public safety.
<br /> 12.International Dispatch Coding System. The Determinant(and sub-determinant)codes represent the only widely accepted dispatch coding
<br /> system in the world.A unified coding system provides for uniform training,use,data collection,data sharing,and comparative scientific study.
<br /> This coding system may not be modified in any way not authorized in this Basic Service Plan,or in the Client License Agreement of which it is
<br /> a part.As provided above,in the section of this BSP titled"Customization of Responses,"however,it is the licensed client that selects the type
<br /> of response,whatever it may be,to be generated by any particular code(e.g.,10-13-1).In this way,the coding system remains intact while
<br /> allowing the client full discretion in establishing the local responses"attached"in parallel to these codes.
<br /> 13.Standard of Care and Practice.Since 1978,PDC and its originators,have been the principal contributors to the establishment of safe
<br /> professional standards for Emergency Medical Dispatch(and subsequently,Police and Fire Dispatch)care and training.PDC's Priority
<br /> Dispatch Systems,as well as its ED training and certification programs,meet or exceed every applicable standard known to PDC.Through
<br /> substantial commitments of expertise and other valuable resources to basic and applied research,development,quality improvement,dispatch
<br /> liability,and risk management,PDC is dedicated and determined to continue setting the standard in ED.In the opinion of some medical-legal
<br /> experts,when the current Version of the PDS is properly used by I/NAED-Certified ED professionals,the current standard for emergency
<br /> dispatch has been met,and the most reasonable actions for both callers and responders have been taken by the ED center.
<br /> 14.Dedicated Legal and Consultative Support.Priority Dispatch Corp.is available for ED system evaluations,ED case reviews,and expert
<br /> opinion and witness services to currently registered licensed clients of the PDS who have kept their Software and/or Cards up-to-date(per
<br /> sections titled"Basic Service Plan/Extended Service Plan"and"Updates&New versions"of this BSP),and to their professional staff of EDs
<br /> and ED instructors who have been trained,then certified through the I/NAED and maintained their I/NAED certifications current.PDC's
<br /> professional staff will vigorously defend proper use of the PDS by professionally trained EDs against charges of dispatch negligence that may
<br /> arise.All such services are available at PDC's then-current fee schedule for such licensed client services.
<br /> 15.Appendix. The following Appendix,entitled"A More Detailed Definition of Certain Key Terms Used in This Agreement,"is made part of
<br /> this BSP for additional information and clarification:
<br /> AH&ffBstoi!� ®��idie®f ArisinKg rT�r�s�ss !RThisire meet
<br /> "Academies"and/or"Academy" and/or "IINAED"
<br /> The National Academies of Emergency Dispatch("NAED"). Also known as the International Academies of Emergency Dispatch("IAED").
<br /> "Agreement,""Client License Agreement," "CLA"
<br /> The Software License&Service Agreement between the Client and PDC.This is the Software License&Service Agreement,including its BSP,
<br /> of which this Appendix is part.
<br /> "BSP"The Basic Service Plan:
<br /> This is the Client service and product support document and plan that is part of the Agreement for the licensed Software and that governs such
<br /> service and support for such licensed Software.As provided in that part of the Agreement entitled"Basic Service Plan,"the BSP in effect at the
<br /> time the Initial License Fee was paid was attached to and made part of the Agreement.
<br /> "Cards"
<br /> The manual version of a PDS in the form of printed reference cards provided by PDC to Client under a CLA. This definition also includes,
<br /> wherever the context reasonably permits,the related PDS,and the documentation and flip-file provided to Client with the Cards.User rights to
<br /> the Cards are obtained by Client only under Client License Agreement from PDC.A Field Responder's Guide related to Cards for a particular
<br /> PDS is available to licensed Card users from PDC for a fee,and may also,as appropriate,be included in the defined term"Cards,"but is further
<br /> subject to the specific use limitations imposed therein.The defined term"Cards"shall further include any Updates and/or Releases of the
<br /> current Version of the Cards,which may subsequently be provided by PDC to Client,and such included Updates and/or Releases,if any,shall
<br /> be governed by this Agreement,unless indicated otherwise in writing by PDC at the time.
<br /> "Client," `Agency," "Licensee"and"You"or'you"
<br /> The licensee licensed to use the licensed Software under the Agreement. This is the licensee who enters into the Agreement with PDC.
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<br /> ©2013 Priority Dispatch Corp.,SLC,UT,USA. All Rights Reserved.
<br /> US.Patents.1481681;5857966;5989187;6004266;6010451;6053864;6076065:6078894;6106459;6607481;7106835;7428301;7436937;7645234;8066638;8103523;8294570;8335298;8355483:
<br /> 8396191;8417533;8488748,8494868(other patents pending)
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