Common use of Handling of Customer Data In the Event of Termination Clause in Contracts

Handling of Customer Data In the Event of Termination. Customer acknowledges and agrees that following termination of this Agreement, Customer shall return all SaaS Materials (except that it may retain a copy for archival purposes or as otherwise provided in this Agreement) to Vendor and Vendor may immediately deactivate Customer’s account. Furthermore, unless otherwise agreed-upon by the Parties in writing, Vendor shall remove or overwrite all applicable Content from Vendor’s systems following the effective date of termination or cancellation, in accordance with Vendor’s standard procedures. Customer shall provide Vendor with reasonable and prompt access to Customer’s premises to allow Vendor to retrieve the hardware and software and /or, in accordance with Vendor’s instructions, return to Vendor all hardware and software that Vendor has provided to Customer in connection with the Services (other than hardware and software that Customer has purchased from Vendor). In the event that Customer fails to either return the hardware or software, or allow Vendor to retrieve it, within thirty (30) days of the effective date of termination or cancellation, Vendor may charge Customer the then- current fair market value of the hardware and software, and Customer shall be responsible for any costs/damages arising from any breach of Vendor’s third- party license agreement. Prior to any such deletion or destruction, however, Vendor shall either (1) grant Customer reasonable access to the Service for the sole purpose of Customer retrieving Customer Data or (2) transfer all Customer Data to other media for delivery to Customer. Customer agrees that Vendor shall not be liable to Customer or to any third party for any termination of Customer access to the Service or deletion of Customer Data, provided that Vendor is in compliance with the terms of this Section. Notwithstanding the foregoing, nothing shall preclude Vendor from maintaining one copy of Customer Data if required by law.

Appears in 5 contracts

Samples: Service Agreement, Software as a Service Agreement, Service Agreement

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Handling of Customer Data In the Event of Termination. Customer acknowledges and agrees that following termination of this Agreement, Customer shall return all SaaS Materials (except that it may retain a copy for archival purposes or as otherwise provided in this Agreement) to Vendor and Vendor may immediately deactivate Customer’s account. Furthermore, unless otherwise agreed-upon by the Parties in writing, Vendor shall remove or overwrite all applicable Content from Vendor’s systems following the effective date of termination or cancellation, in accordance with Vendor’s standard procedures. Customer shall provide Vendor with reasonable and prompt access to Customer’s premises to allow Vendor to retrieve the any hardware and software and /or, in accordance with Vendor’s instructions, return to Vendor all hardware and software that Vendor has provided to Customer in connection with the Services (other than hardware and software that Customer has purchased from Vendor). In the event that Customer fails to either return the hardware or software, or allow Vendor to retrieve it, within thirty (30) days of the effective date of termination or cancellation, Vendor may charge Customer the then- then-current fair market value of the hardware and software, and Customer shall be responsible for any costs/damages arising from any breach of Vendor’s third- party license agreement. Prior to any such deletion or destruction, however, Vendor shall either (1i) grant Customer reasonable access to the Service for the sole purpose of Customer retrieving Customer Data or (2ii) transfer all Customer Data to other media for delivery to Customer. Customer agrees that Vendor shall not be liable to Customer or to any third party for any termination of Customer access to the Service or deletion of Customer Data, provided that Vendor is in compliance with the terms of this Section. Notwithstanding the foregoing, nothing shall preclude Vendor from maintaining one copy of Customer Data if required by law.

Appears in 1 contract

Samples: License Agreement

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Handling of Customer Data In the Event of Termination. Customer acknowledges and agrees that following termination of this Agreement, Customer shall return all SaaS aaS Materials (except that it may retain a copy for archival purposes or as otherwise provided in this Agreement) to Vendor VisioLogix and Vendor VisioLogix may immediately deactivate Customer’s account. Furthermore, unless otherwise agreed-agreed- upon by the Parties in writing, Vendor VisioLogix shall remove or overwrite all applicable Content from VendorVisioLogix’s systems following the effective date of termination or cancellation, in accordance with VendorVisioLogix’s standard procedures. Customer shall provide Vendor VisioLogix with reasonable and prompt access to Customer’s premises to allow Vendor VisioLogix to retrieve the hardware and software and /or, in accordance with VendorVisioLogix’s instructions, return to Vendor VisioLogix all hardware and software that Vendor VisioLogix has provided to Customer in connection with the Services (other than hardware and software that Customer has purchased from VendorVisioLogix). In the event that Customer fails to either return the hardware or software, or allow Vendor VisioLogix to retrieve it, within thirty (30) days of the effective date of termination or cancellation, Vendor VisioLogix may charge Customer the then- then-current fair market value of the hardware and software, and Customer shall be responsible for any costs/damages arising from any breach of VendorVisioLogix’s third- party license agreement. Prior to any such deletion or destruction, however, Vendor VisioLogix shall either (1) grant Customer reasonable access to the Service for the sole purpose of Customer retrieving Customer Data or (2) transfer all Customer Data to other media for delivery to Customer, additional fees apply. Customer agrees that Vendor VisioLogix shall not be liable to Customer or to any third party for any termination of Customer access to the Service or deletion of Customer Data, provided that Vendor VisioLogix is in compliance with the terms of this Section. Notwithstanding the foregoing, nothing shall preclude Vendor VisioLogix from maintaining one copy of Customer Data if required by law.

Appears in 1 contract

Samples: Software as a Service Agreement

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