MicroStrategy End User Agreement

The following is applicable to Business & Clinical Analytics:

MEDITECH and MicroStrategy entered into a separate agreement whereby MicroStrategy licensed to MEDITECH certain content ("MS Licensed Content") for use in the MEDITECH Software. Customer acknowledges and agrees to the following provisions with respect to the MS Licensed Content and the MEDITECH Software:

  1. The MS Licensed Content contains copyrighted and proprietary products and materials of MicroStrategy, which are obtained by MEDITECH under a license from MicroStrategy;
  2. Use of the MS Licensed Content is restricted for use solely in combination with the MEDITECH Software;
  3. Use of the MS Licensed Content by Customer is restricted. Customer may utilize the MS Licensed Content provided as part of the MEDITECH Software solely to report on data directly related to the purposes of the MEDITECH Software and derived from the data models provided by MEDITECH as part of the MEDITECH Software or from third party data models with direct relevance to the MEDITECH Software;
  4. Customer is prohibited from materially changing or expanding the data models provided by MEDITECH as part of the MEDITECH Software to include data elements that are not directly related to the purposes of the MEDITECH Software;
  5. Reverse engineering, disassembly or decompilation of the MS Licensed Content portion of the MEDITECH Software is prohibited;
  6. Title to the MS Licensed Content portion of the MEDITECH Software is prohibited from passing to Customer;
  7. Customer disclaims MicroStrategy's liability for damages, whether direct or indirect, incidental or consequential, arising in connection with this Agreement;
  8. MicroStrategy disclaims any warranty of any kind directly to Customer;
  9. Written and oral disclosures to any third party of any results of any benchmarking tests specific to the MS Licensed Content are prohibited;
  10. All MicroStrategy products and other technical data may be subject to export controls imposed by the U.S Department of Commerce, under the Export Administration Regulations and any other such applicable regulations, and if Customer exports the MS Licensed Content, Customer shall only export or re-export the MS Licensed Content in compliance with all export laws and regulations of the United States;
  11. Customer shall not use the MS Licensed Content in any manner that violates any individual's privacy right set forth by statute, rule, regulation or case law;
  12. The MS Licensed Content contained in the MEDITECH Software is non-sublicensable, non-assignable and non-transferable (except in connection with any sale, merger, or corporate reorganization of substantially all of the assets of Customer);
  13. In the event that Customer is acquired by a third party entity (whether via any sale, merger, or corporate reorganization of all or substantially all of the assets of Customer), then its affiliates shall not be permitted to access the MS Licensed Content included in the MEDITECH Software unless a separate agreement has been or will be executed between such parties;
  14. MicroStrategy is not responsible for any technical support of the MEDITECH Software in connection with this Agreement. MEDITECH shall provide technical support directly to Customer; and
  15. During the term of this Agreement, MEDITECH shall, upon MicroStrategy's written request, audit Customer's use of the MEDITECH Software to assure compliance with applicable licenses and report the results to MicroStrategy. MEDITECH shall satisfy the audit requirements by requiring that Customer run a license manager report utilizing the license manager functionality of the Licensed Content.