Common use of Analytical Data Clause in Contracts

Analytical Data. Notwithstanding anything else in this Agreement or otherwise, insightsoftware may monitor Customer’s access to and use of the Software and Services and collect and use data and information related to such Customer’s use or derived from monitoring (such as user names, configurations, log data, etc.), and the Customer Content in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Software/ Services and for the development of new products or services (“Analytical Data”). As between insightsoftware and Customer, all right, title and interest in the Analytical Data and all intellectual property rights therein, belong to and are retained solely by insightsoftware. Customer hereby acknowledges that insightsoftware will be compiling Analytical Data based on the Customer Content input into the Software and Services and Customer agrees that insightsoftware may: (i) make such Analytical Data publicly available, and (ii) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer or Customer’s Confidential Information. Nothing herein shall be construed as prohibiting insightsoftware from utilizing Analytical Data to optimize and improve the Services or otherwise operate insightsoftware’s business; provided that insightsoftware shall not disclose the identity of Customer or any Authorized User to any third party unless such third party is subject to binding obligations of confidentiality.

Analytical Data. Notwithstanding anything else in this Agreement or otherwise, insightsoftware may monitor Customer’s access to and use of the Software and Services and collect and use data and information related to such Customer’s use or derived from monitoring (such as user names, configurations, log data, etc.), and the Customer Content in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Software/ Services and for the development of new products or services (“Analytical Data”). As between insightsoftware and Customer, all right, title and interest in the Analytical Data and all intellectual property rights therein, belong to and are retained solely by insightsoftware. Customer hereby acknowledges that insightsoftware will be compiling Analytical Data based on the Customer Content input into the Software and Services and Customer agrees that insightsoftware may: (i) make such Analytical Data publicly available, and (ii) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer Customer, any Authorized User or Customer’s Confidential Information. Nothing herein shall be construed as prohibiting insightsoftware from utilizing Analytical Data to optimize and improve the Services or otherwise operate insightsoftware’s business; provided that insightsoftware shall not disclose the identity of Customer or any Authorized User to any third party unless such third party is subject to binding obligations of confidentiality.