Common use of Mandatory Data Clause in Contracts

Mandatory Data. Customer acknowledges and agrees that by executing this Agreement and using the Licensed Software, it has agreed that product inventory and crash signature data generated by the Licensed Software shall be delivered into the custody of Philips, or of systems maintained on Philips’ behalf, without notice to Customer. Such data is referred to herein as “Mandatory Data” and such data is described in the Licensed Software’s documentation for each Licensed Software release; the data comprising Mandatory Data is subject to change with each release of upgrades, updates, patches and modifications to the Licensed Software. Customer agrees that any Mandatory Data will be the property of Philips. Part of the Mandatory Data might constitute (non-sensitive) Personal Data. Notwithstanding any other term of the Agreement, Customer agrees that Philips may de-identify data generated by the devices used by Customer such as log files, exam files, errors data, utilization data, and system log files (“Device Data”) and use and disclose de- identified Device Data for Philips’ own purposes (including, but not limited to for data analytics activities to determine trends of usage of Philips’ devices and services, to facilitate and advise on continued and sustained use of Philips’ products and services, substantiation of marketing claims and for benchmarking purposes). Philips shall de-identify Device Data in accordance with the standards of the HIPAA Privacy Rule. Separation of such data from the Philips database is impossible, therefore Philips shall have the right to continue using such data upon expiration of this Agreement.

Mandatory Data. Customer acknowledges and agrees that by executing this Agreement and using the Licensed Software, it has agreed that product inventory and crash signature data generated by the Licensed Software shall be delivered into the custody of Philips, or of systems maintained on Philips’ behalf, without notice to Customer. Such data is referred to herein as “Mandatory Data” and such data is described in the Licensed Software’s documentation for each Licensed Software release; the data comprising Mandatory Data is subject to change with each release of upgrades, updates, patches and modifications to the Licensed Software. Customer agrees that any Mandatory Data will be the property of Philips. Part of the Mandatory Data might constitute (non-sensitive) Personal Data. Notwithstanding any other term of the Agreement, Customer agrees that Philips may de-identify data generated by the devices used by the Customer such as log files, exam files, errors data, utilization data, and system log files (“Device Data”) and use and disclose de- identified Device Data for Philips’ own purposes (including, but not limited to for data analytics activities to determine trends of usage of Philips’ devices and services, to facilitate and advise on continued and sustained use of Philips’ products and services, substantiation of marketing claims and for benchmarking purposes). Philips shall de-identify Device Data in accordance with the standards of the HIPAA Privacy Rule. Separation of such data from the Philips database is impossible, therefore Philips shall have the right to continue using such data upon expiration of this Agreement.