This is a legal agreement between "you" (a "Developer" or “User”) and Nth Technology. You must accept the

Interface (“API”). This Agreement describes your rights and your obligations if you use the Nth Technology

EHR FHIR API. By accepting this Agreement or by accessing or using the Nth Technology EHR FHIR API, you

agree to be bound by this Agreement.

If you are entering into this Agreement on behalf of a company or other legal entity (“Entity”), you represent

that you have the authority to bind such Entity to this Agreement. In that case, the terms “you” or “your”

shall also refer to such Entity. If you do not have such authority, or if the Entity does not agree to be bound by

this Agreement, the Entity and you may not use the Nth Technology EHR FHIR API. You acknowledge that this

Agreement is a contract between you and Nth Technology, even though it is electronic and is not physically

signed by you and Nth Technology.

API Definitions

As used herein: "Application” means any software application or product You offer, using the Nth Technology

EHR FHIR API. “API Documentation” means the documentation that Nth Technology provides regarding use of

the Nth Technology EHR FHIR API. “API” means the publicly available Nth Technology EHR FHIR Programming

Interface (“API”). “Client” means the software used to make requests to the API. "HIPAA" means the Health

Insurance Portability and Accountability Act. "HITECH" means the Health Information Technology for

Economic and Clinical Health Act under Title XIII of the American Recovery and Reinvestment Act.

API License and Restrictions

a Nth Technology hereby grants you a revocable, limited, personal, non-sublicensable, non-exclusive,

and non-transferable license to use the API to develop, test, and support your Application, and to

integrate the Nth Technology EHR FHIR API with your Application. Your license is subject to the

limitations set forth in this agreement.

b You may not use the Nth Technology EHR FHIR API in a manner that accesses or uses any information

beyond what Nth Technology allows under this Agreement or the API Documentation; that changes,

breaks or circumvents any of the technical, administrative, process or security measures; that disrupts

or degrades the performance of the Nth Technology EHR FHIR API; or that tests the vulnerability of Nth

Technology’ systems or networks. c You may not transmit any viruses or other computer

programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate

any system or data.

d You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how

in the Nth Technology EHR FHIR API or any portion thereof.

e You acknowledge and agree that (i) Nth Technology may modify the Nth Technology EHR FHIR API at

any time in Nth Technology’ sole discretion and (ii) future versions of the Nth Technology EHR FHIR API

may not permit the operation of, or otherwise be compatible with any Developer App created

hereunder.

f You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute,

or syndicate access to the Nth Technology EHR FHIR API.

g You will not attempt to exceed or circumvent limitations on access, calls and use of the Nth

Technology EHR FHIR API, or otherwise use the Nth Technology EHR FHIR API in a manner that exceeds

reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is

inconsistent with any part of this Agreement or the Documentation.

h You may not use any portion of the Nth Technology EHR FHIR API for any unlawful or illegal activity.

i You may not distribute or allow access to the Nth Technology EHR FHIR API to anyone other than, if

applicable, the Entity on whose behalf you entered into this Agreement.

Security Measures and Protected Health Information (PHI)

a YOU ATTEST THAT YOU ARE AUTHORIZED TO ACCESS THE PHI YOU ARE REQUESTING THROUGH THE

SYSTEM, AND YOU AGREE TO HANDLE AND PROCESS SUCH INFORMATION ACCORDING TO ANY AND

ALL APPLICABLE LAWS. If you are a Developer, you agree to maintain suitable facilities, management,

operational, and physical controls to protect PHI and any Codes consistent with the security and

privacy controls imposed by HIPAA, HITECH, and any other federal, state, and local laws, where

applicable, and to treat all Codes with no less care and protection than that afforded to Protected

Health Information. You acknowledge and agree that you shall use the System only as and to the

extent permitted by applicable law, including any applicable import or export laws, and only for

applications related to the secure access to health information over the Internet, in a manner

compliant with the security and privacy rules of HIPAA, HITECH, and any other applicable law or

regulation. You acknowledge and agree that Company is not a Covered Entity. You agree that you will

not intentionally submit to Company or otherwise share with Company any Protected Health

Information and will not provide Company with access to any Protected Health Information except as

required for you to Use the System. You acknowledge and agree that Company only acts as a conduit

to transfer Protected Health Information or any other data between you and a Data Holder.

b You acknowledge that the System is a data transport tool and is not intended to serve as a medical

record, and that it is your sole responsibility to establish policies and procedures that ensure that the

content of any data accessed through the System is incorporated into a patient's medical record, when

applicable. You agree that it is your sole responsibility to provide or obtain any and all necessary

consents and to fulfill any and all obligations that are required by HIPAA, HITECH, or other

governmental statute or regulation prior to use, disclosure, or transmission of any Protected Health

Information or other data accessed through the System. You agree that Company has no obligation to

archive or otherwise store any PHI or other data transferred through the System. You acknowledge

that the data you request may not be accessible through the System when (i) you are denied access by

Data Holder to any or all of the data requested or the Data Holder does not respond to your request

for any reason, (ii) your request or the data provided by a Data Holder is not in a format recognized by

the System, (iii) your request would cause transfer size or frequency to exceed the allowable maximum

permitted by Company, (iv) the Codes you use to access the System are invalid, (v) this Agreement

terminates, or (vi) for any other reason. You acknowledge that Company does not control the content

of data accessed through the System, that data accessed through the System may contain software

viruses or other malicious content, that it is your sole responsibility to protect your computer system

from viruses, and that the Company has no responsibility to protect your computer system from

viruses or other malware. You agree that Company, in its sole discretion, reserves the right not to

enable Software or System for any particular Developer or User, should we determine, in our sole

discretion, that Use by the Developer or User is a threat to Company’s systems or negatively impacts

the Use of the System by other Users.

c The network, operating system and software of your web servers, databases, and computer systems

(collectively, “Your Systems”) must be properly configured to securely operate your Application. Your

Application must use reasonable security measures to protect your users’ information. You must not

architect or select Your Systems in a manner to avoid the foregoing obligation. Your Systems shall use

supported versions of operating systems and databases for which patches are actively deployed and

shall be updated with security patches based on industry accepted standards and criticality. All critical

patches shall be applied within 30 days of release.

d You must promptly report any security deficiencies in, or intrusions to, your Systems to Nth

Technology in writing via email to support@nthtechnology.com. You will work

with Nth Technology to immediately correct any security deficiency, and will immediately disconnect

any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application,

or the Nth Technology EHR FHIR API, you will make no public statements regarding such deficiencies or

intrusions without prior written and express permission from Nth Technology in each instance.

Term and Termination

This Agreement will go into effect on the date upon which you agree to them, by accessing or using the Nth

Technology EHR FHIR API, and will continue until terminated as set forth herein. You may terminate this

Agreement by discontinuing use of the Nth Technology EHR FHIR API. Upon termination of this Agreement:

a All rights and licenses granted to you will terminate immediately.

b You agree to promptly destroy Documentation and any other Nth Technology EHR FHIR API

information in your possession or control that was received under this Agreement.

Disclaimers

a Warranties. THE NTH TECHNOLOGY EHR FHIR API AND ALL RELATED COMPONENTS ARE PROVIDED ON

AN “AS

IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND NTH TECHNOLOGY

EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A

PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ACKNOWLEDGE THAT NTH TECHNOLOGY

DOES NOT WARRANT THAT THE NTH TECHNOLOGY EHIR FHIR API WILL BE UNINTERRUPTED, TIMELY,

SECURE,

ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY

BE OBTAINED FROM USE OF THE NTH TECHNOLOGY EHR FHIR API, AND NO INFORMATION, ADVICE OR

SERVICES OBTAINED BY YOU FROM NTH TECHNOLOGY SHALL CREATE ANY WARRANTY NOT EXPRESSLY

STATED IN THIS AGREEMENT.

b Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN

CONTRACT, TORT, OR OTHERWISE) SHALL NTH TECHNOLOGY BE LIABLE TO YOU OR ANY THIRD

PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE

DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, OR LOST DATA, OR (B) ANY

MATTER BEYOND NTH TECHNOLOGY’ REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION

ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE

RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE

LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, NTH TECHNOLOGY’ LIABILITY WILL

BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity. You agree to defend, hold harmless and indemnify Nth Technology, and its subsidiaries, affiliates,

officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way

related to your or your users’ use of the Application or the Nth Technology EHR FHIR API, or any violation of this

Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential),

suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide

you with written notice of such claim, suit, or action