A. “Client-level data” means medical information and associated personal identifying information concerning any individual;

B. “Computer” means one (1) central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;

C. “End User” means the individual who 1) has knowledge about the data, 2) will be using this tool to generate the output file which contains the client-level data in a format defined by HHS/HRSA.

D. “HHS” means the U.S. Department of Health and Human Services;

E. “HRSA” means the U.S. Department of Health and Human Services, Health Resources & Services Administration;

F. “TRAX” (formally known as T-REX) means a tool that helps end users create the client-level data file. End users import files with the client-level data in a specific format into TRAX, and TRAX generates the compliant file.

G. “Use” means to access, install, download, copy or otherwise benefit from the functionality of TRAX in accordance with the Documentation.

This License shall remain in effect only for so long as the end user is in compliance with the terms and conditions of this License. This License will be voided if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the product. The Disclaimer, Limitation of Liability, and Indemnification provisions set out in this agreement shall continue in force even after any termination.

TRAX is provided on an “as is” basis, without any other warranties, representations, conditions or terms, express or implied, whether by law, statute, usage of trade, course of dealing or otherwise. HHS or HRSA do not and cannot warrant the performance or results you may obtain by using the product. The entire risk as to the results and performance of the product is assumed by the end user.

In no event will HHS or HRSA or their contractors, agents, managers, or employees be liable to you or any other person or entity for any damages, claims or costs whatsoever (including, without limitation, for breach of contract, negligence, invasion of privacy or any other cause of action whatsoever) or any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit; loss, damage or disclosure of data; incorrect reporting or diagnosis; or other loss or damage of any kind. Neither HHS nor HRSA, nor their contractors, agents, managers, or employees, is responsible for claims by a third party.

You agree to indemnify and hold HHS or HRSA their contractors, agents, managers, and employees harmless from and against any and all costs, liabilities, claims, or demands (including reasonable attorney's fees and expenses of any kind whatsoever) that arise or result from the use, reproduction or distribution of TRAX or its documentation. This includes any claims for damages of any kind resulting from any incorrect reporting or diagnosis, from release or disclosure of client-level data, or other loss or damage of any kind. Neither HHS nor HRSA, nor their contractors, agents, managers, or employees, is responsible for claims by a third party.