Common use of Data Ownership and Use Clause in Contracts

Data Ownership and Use. DIRECTIONS® Data created by XX XXXXXXXX therefrom (collectively, the “Deliverables”) are the sole property of XX XXXXXXXX and Client is granted an annual license by XX XXXXXXXX solely for its use of the Deliverables in its internal business purposes. Any other use is prohibited. Any release, provision or sharing of Data to or with any person or entity not an “employee” or “service provider” of Client’s organization is strictly prohibited except with the pre-release, written approval of XX XXXXXXXX which approval may be withheld in the sole discretion of XX XXXXXXXX. Release or sharing of Data by Client to or with any third party recipient can result in monetary damages or irreparable harm to XX XXXXXXXX, and for each unauthorized release XX XXXXXXXX shall be permitted to charge Client a sum not to exceed the cost XX XXXXXXXX would charge the recipient thereof for a one year’s subscription to XX XXXXXXXX’x DIRECTIONS®. As used herein “employee” means an individual who is on the payroll of Client from whose wages Client withholds payroll taxes and whose work efforts are controlled by Client. The term “employee” does not include a vendor, independent contractor or consultant of, or to Client, although he/she or it may be “employed by Client”. As used herein a “service provider” or means a 3rd party, including consultants or independent contractors, who is paid directly by and whose services are provided directly to Client. Disclosure of Deliverables to a service provider is further limited to only those who require the use of Deliverables in accordance with their mandate or scope of work as agreed to with Client and agree to be bound the release restrictions included within this agreement. Any permitted release of XX XXXXXXXX Data for publication must credit X.X. Xxxxxxxx & Associates, Ltd. DIRECTIONS® Travel Intelligence SystemSM. The terms of this Section shall survive termination of this Agreement as shall the terms relating to enforcement of this Agreement. Notwithstanding the foregoing, Client is permitted to share certain Deliverables with its Commercial Partners as described in the Research Agreement.

Data Ownership and Use. DIRECTIONS® Data created Datacreated by XX XXXXXXXX therefrom (collectively, the “Deliverables”) are the sole property of XX XXXXXXXX and Client is granted an annual anannual license by XX XXXXXXXX solely for its use of the Deliverables in its internal business purposes. Any other use is prohibited. Any release, provision or sharing of Data to Datato or with any person or entity not an “employee” or “service provider” of Client’s organization is strictly prohibited except with the pre-release, written approval of XX XXXXXXXX which approval may be withheld in the sole discretion of XX XXXXXXXX. Release or sharing of Data by Client to or with any third party recipient can result canresult in monetary damages or irreparable harm to XX XXXXXXXX, and for each unauthorized release XX XXXXXXXX DKSHIFFLET shall be permitted to charge Client a sum not to exceed the cost XX XXXXXXXX would charge the recipient thereof for a one year’s subscription to XX XXXXXXXX’x DIRECTIONS®. As used herein “employee” means an individual who is on the payroll of Client from whose wages Client withholds payroll taxes and whose work efforts are controlled by Client. The term “employee” does not include a vendor, independent contractor or consultant of, or to Client, although he/she or it may itmay be “employed by Client”. As used herein a “service provider” or means a 3rd party, including consultants or independent contractors, who is paid directly by and whose services are provided areprovided directly to Client. Disclosure of Deliverables to a service aservice provider is further limited to only those who require the use of Deliverables in accordance with their mandate or scope of work as agreed to with Client and agree to be bound the release restrictions included within this agreement. Any permitted release of XX XXXXXXXX Data for publication must credit X.X. Xxxxxxxx & Associates, Ltd. DIRECTIONS® Travel Intelligence SystemSM. The terms of this Section shall survive termination of this Agreement as shall the terms relating to enforcement of this Agreement. Notwithstanding the foregoing, Client is permitted to share certain Deliverables with its Commercial Partners as described in the Research Agreement.Ltd.