Restriction on Microsoft’s Use of NewCo Data Sample Clauses

Restriction on Microsoft’s Use of NewCo Data. Except as permitted by the guidelines developed and agreed upon by NewCo and Microsoft pursuant Section 4.2.5, Microsoft will not transfer any NewCo Data to a third party for use by such third party in any way that directly competes with NewCo’s e-reading business. For the avoidance of doubt, this restriction does not apply to the use of NewCo transactions data (i.e., a subset of NewCo Data that includes identity of purchaser, product purchased and price) by Microsoft solely for the benefit of Microsoft Products and Services and not for use by third parties (subject to privacy policy provisions and applicable law and other legal requirements), so long as Microsoft does not use such NewCo transactions data in a manner that deliberately disadvantages NewCo vis a vis its competitors in the e-reading business. For the avoidance of doubt and subject to the foregoing sentence, Microsoft may use customers’ transaction histories to deliver the best customer experience for users of Microsoft Products and Services (e.g., to develop recommendations for the purchase or other acquisition of Content through Microsoft Products and Services, whether from the NewCo Store or other sources) or to re-deliver (e.g., from the NewCo Store or other sources) any Content previously purchased or otherwise acquired from the NewCo Store. Upon NewCo’s request, the parties will explore in good faith solutions to address instances in which NewCo reasonably believes that Microsoft’s use of NewCo transactions data disadvantages NewCo.