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. 8.4.2. If and to the extent it is agreed by the parties that OEM will grant Licensor access to OEM Data, Licensor shall employ and maintain commercially reasonable safeguards to protect the security and confidentiality of OEM Data. Those safeguards will include, but will not be limited to, measures for preventing unauthorized access to or disclosure of OEM Data. Licensor will not use or disclose OEM Data except (a) as required to provide Support Services, (b) as required by law, or (c) as OEM expressly permits Licensor in writing. Unless Licensor specifically agrees otherwise, the protection obligation stated in this Section is Licensor’s exclusive protective obligation with respect to OEM Data. OEM shall be solely responsible for ensuring that granting Licensor access to OEM Data as set forth in this Section does not violate applicable laws governing the use of OEM Data, including but not limited to the rights of data subjects whose information is included in the OEM Data. If required, OEM shall be responsible for removing or redacting data subject to security restrictions or anonymizing personally identifiable information.

Appears in 3 contracts

Samples: Oem License Agreement, Oem License Agreement, Oem License Agreement

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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 Virtual Command Centers 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 3Data Cloud, which are applicable only if Sisense 3Data 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 3Data Cloud, the OEM Data that Licensor accesses or processes as part of Sisense 3Data Cloud will be handled in accordance with the applicable Sisense 3Data Cloud Terms and Conditions. 8.4.2. If and to the extent it is agreed by the parties that OEM will grant Licensor access to OEM Data, Licensor shall employ and maintain commercially reasonable safeguards to protect the security and confidentiality of OEM Data. Those safeguards will include, but will not be limited to, measures for preventing unauthorized access to or disclosure of OEM Data. Licensor will not use or disclose OEM Data except (a) as required to provide Support Services, (b) as required by law, or (c) as OEM expressly permits Licensor in writing. Unless Licensor specifically agrees otherwise, the protection obligation stated in this Section is Licensor’s exclusive protective obligation with respect to OEM Data. OEM shall be solely responsible for ensuring that granting Licensor access to OEM Data as set forth in this Section does not violate applicable laws governing the use of OEM Data, including but not limited to the rights of data subjects whose information is included in the OEM Data. If required, OEM shall be responsible for removing or redacting data subject to security restrictions or anonymizing personally identifiable information.

Appears in 2 contracts

Samples: Oem License Agreement, Oem License Agreement

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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. 8.4.2. If and to the extent it is agreed by the parties that OEM will grant Licensor access to OEM Data, Licensor shall employ and maintain commercially reasonable safeguards to protect the security and confidentiality of OEM Data. Those safeguards will include, but will not be limited to, measures for preventing unauthorized access to or disclosure of OEM Data. Licensor will not use or disclose OEM Data except (a) as required to provide Support Services, (b) as required by law, or (c) as OEM expressly permits Licensor in writing. Unless Licensor specifically agrees otherwise, the protection obligation stated in this Section is Licensor’s exclusive protective obligation with respect to OEM Data. OEM shall be solely responsible for ensuring that granting Licensor access to OEM Data as set forth in this Section does not violate applicable laws governing the use of OEM Data, including but not limited to the rights of data subjects whose information is included in the OEM Data. If required, OEM shall be responsible for removing or redacting data subject to security restrictions or anonymizing personally identifiable informationpersonal data.

Appears in 2 contracts

Samples: Oem License Agreement, Oem License Agreement

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