Common use of DATA EXPLOITATION Clause in Contracts

DATA EXPLOITATION. The Customer owns all the Data. The customer is solely responsible for the quality, lawfulness and relevance of the Data that it transmits to the Service Provider as well as for their use with the Application Service and the results thereof. In addition, the Customer guarantees to be the owner of all rights (including intellectual property rights and authorization of third parties) allowing him/her to use the Data. The Customer guarantees that the Data does not violate the laws and regulations in force, the rights of third parties and is free from any virus or malicious code likely to harm the Solution or the Application Service. If the Service Provider becomes aware that an element of the Data violates the above stipulations, the Service Provider is entitled to remove or render unavailable such an element. The Customer guarantees the Service Provider in the event of failure to comply with the stipulations of this article. The customer undertakes to defend the Service Provider at its own expense and indemnify the Service Provider against any costs, claims or damages incurred by the Service Provider or for which the Service Provider may be liable due to the customer's default.