Common use of Analytics Clause in Contracts

Analytics. IFS may track and analyze the usage of the IFS Offering for purposes of determining usage made of the IFS Offering, for the purposes of security, to assist customers, and for improving the Software and Services and the user experience in using such Software and Services. For example, IFS may use this information to help customers derive more value from the Software and Services, to understand and analyze trends, or to track which features are used most often in order to improve the Software and Services. IFS may share anonymous usage data with its service providers for the purpose of helping in such tracking, analysis and improvements. Additionally, IFS may share such anonymous usage data on an aggregate basis in the normal course of operating their business; for example, IFS may share information publicly to show trends about the general use of its software and services. terms - Services Customer Responsibilities and Customer Content Customer shall obtain and keep in effect all Required Consents. Upon request, Customer will provide to IFS evidence of any Required Consent. IFS will be relieved of its obligations to the extent that they are affected by Customer’s failure to promptly obtain and provide to IFS any Required Consents. Customer shall comply with all laws applicable to its use of the Services and is responsible for (a) determining whether the Services are appropriate for storage and processing of information subject to any specific law or regulation; and (b) responding to any request from a third-party regarding Customers use of the Services under applicable laws. Customer is solely responsible for: (a) the selection, operation and maintenance of all Customer Components (b) all Configurations; (c) all Content including, without limitation, its selection, creation, design, licensing, installation, disruption, error, reprogramming, repair and accuracy, and for all necessary permissions to include the Content in the Cloud Platform and IFS may use, store, and process the Content in the delivering of the Services; (d) all copyright, patent and trademark clearances in all applicable jurisdictions and usage agreements for any and all Content and Customer shall not at any time provide or use any Content or other data with the Services which infringes or may infringe any third-party intellectual property rights; (e) the selection of controls on the access and use of Content; (f) the selection, management and use of any public and private keys and digital certificates it may use with the Services. IFS acknowledge that all Content stored or processed by Customer using the Services, including all intellectual property rights embodied in the Content, are owned or licensed by Customer. Customer grants to IFS, without charge or royalty: (a) all necessary licenses and rights in relation to the Content solely for IFS to perform its obligations hereunder, including without limitation the right to store, record, transmit and display the Content for such limited purpose; and (b) the right to use any Customer-owned, developed or licensed application software systems necessary and solely for IFS to provide the Services. IFS will not access or view Content except as reasonably necessary to provide the Services. IFS will not remove or alter any copyright or other proprietary notice on or in any Content without Customer’s consent. Customer is aware that IFS, for the purposes of fulfilling its contractual obligations to Customer hereunder, may permit Content to be accessed or viewed by other IFS Affiliates or subcontractors, including foreign nationals, located in and/or outside of the country or countries in which Customer operates. Customer shall not (nor enable or permit others to) as a condition and material term of its use of the Services, without IFS’s prior written permission: (a) assign, transfer, distribute, export or re-export, sell, rent, lease, lend, pledge, sublicense or otherwise exploit or encumber the Services, or otherwise make available any portion thereof, or use or permit use on behalf of, any third party for any purpose (whether in such third party’s business operations or otherwise), including but not limited to use in the operation of a service bureau, sourcing, subscription or time-sharing arrangement, or in a rental, software as a service or outsourcing context; (b) publish any results of benchmark tests performed with respect to any portion of the Services; or (c) otherwise act in any way that would negatively impact any rights of IFS in the Services, or that would deprive IFS, in whole or in part, of any fees to which it is entitled, and Customer agrees to comply with all reasonable requests by IFS to protect the respective rights of IFS in the Services. Where Customer Content is subject to governmental regulation or other security requirements beyond those specified by IFS for the Services, the Customer must not input such Content into the IFS Cloud Services or provide such data in conjunction with other Services unless IFS has first agreed in writing to provide additional security measures. Without limiting the generality of the foregoing, Customer agrees to not deliver, provide access, or facilitate to be viewed, in any form or format (whether physical or electronic, including email), any “controlled materials”, i.e. hardware, technical data, software and/or technical assistance that is or may be deemed to be subject to any applicable export and re-export control laws and regulations, to or by any IFS personnel, except with IFS’s express prior written agreement. If such controlled materials must be exchanged, accessed or viewed, subject to IFS’s prior agreement, Customer remains solely responsible for ensuring that any such controlled materials may be provided to IFS or accessed or viewed by IFS personnel without violating, and the Parties will consult with each other to ensure their compliance with, any and all applicable export and re-export control laws and regulations.