Common use of OEM Data Clause in Contracts

OEM Data. 8.4.1. All data stored or managed by means of the Software, including the results of data analysis embodied in the Dashboards and any other reports and outputs generated from the Software, is “OEM Data.” OEM Data will be imported from different source systems that OEM uses (such as XxxxxXxxxx.xxx, Oracle, MS SQL etc.) and may need further transformation such as defining of relationships between tables that come from different databases. OEM is required to have legal access to all OEM Data. OEM is required to comply with data protection laws and regulations and with the terms and conditions regarding the different source systems that OEM uses. Under no circumstances will Licensor be liable for any destruction or corruption of or damage to OEM Data or any data that is transferred or used by OEM by means of the Software. Except for express obligations of Licensor as part of the Sisense Cloud, which are applicable only if Sisense Cloud is purchased by OEM, it is explicitly agreed that all OEM Data shall always reside on OEM’s or its End Customers’ own servers and systems (including but not limited to source systems for OEM Data) and OEM is solely responsible for back up of OEM Data. As between Licensor and OEM, all OEM Data is deemed OEM’s property. If OEM purchases Sisense Cloud, the OEM Data that Licensor accesses or processes as part of Sisense Cloud will be handled in accordance with the applicable Sisense Cloud Terms and Conditions.