Subscriber Data. Subscriber will timely supply Netgateway, in a form acceptable to Netgateway, with all data necessary for Netgateway to perform the ongoing services to be provided hereunder. It is the sole responsibility of Subscriber to insure the completeness and accuracy of such data.
Subscriber Data. For purposes of this Agreement, Subscriber data, records, information and/or media shall be that which is provided by Subscriber or on its behalf to the Site, or collected by Subscriber by using the Services, whether such Subscriber information is tangible or intangible, owned and/or controlled outright by Subscriber, or that which Subscriber is authorized to access, store, reproduce, display, handle, transmit or otherwise use (collectively “Subscriber Data”). As between Ricoh and Subscriber, Subscriber solely owns the Subscriber Data and shall comply with all laws and bear all risk associated therewith. Subscriber shall not provide any Subscriber Data that is subject to any laws, rules or regulations outside of the European Union or United Kingdom. Ricoh shall retain a security interest in all Subscriber Data and all Services provided hereunder until all Fees have been paid pursuant to the terms of this Agreement. Ricoh shall have the right to use Subscriber Data as described herein. Ricoh shall be entitled to monitor Subscriber’s usage of the Service to ensure Subscriber’s compliance with this Agreement. Additionally, Ricoh may create analysis utilizing, in part, Subscriber Data and information derived from Subscriber’s use of the Service (which shall be in anonymous and aggregated form). Ricoh may use such data during and after the Term, for purposes that include, but are not limited to: product improvement and development of new Ricoh products and services, improving resource allocation and support, internal demand planning, to provide Subscriber with reports on its use of the Service, training and developing machine learning algorithms, improving product performance, verification of security and data integrity identification of industry trends and developments, creation of indices and anonymous benchmarking. Notwithstanding anything to the contrary elsewhere in this Agreement or the incorporated Privacy Policy, such analytical information shall not be considered confidential and may be distributed by Ricoh. To the extent that Ricoh processes any personal data while providing Services to the Subscriber under this Agreement, schedule 1 will apply and each party will comply with its obligations under schedule 1.
Subscriber Data. Xxxxxxx acknowledges, and Subscriber warrants and represents, that Subscriber owns all right, title and interest in Subscriber Data. Subscriber shall indemnify and hold Xxxxxxx harmless against all claims against Xxxxxxx alleging that the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party, or in any way violates any privacy or data protection laws. Xxxxxxx shall not be responsible for any failure or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Data. Xxxxxxx shall maintain the confidentiality of all Subscriber Data and shall not reproduce or copy such data except as required to as permitted under this Section 6 in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data and the processing of the same is regulated by Data Protection Laws and Regulations, the parties agree to adhere to the Data Processing Addendum (xxxxx://xxx.xxxxxxx.xxx/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. Xxxxxxx may modify Subscriber Data to create data and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Data”). Xxxxxxx may use the De-Identified Data for any lawful purposes, including but not limited to marketing, promoting, benchmarking, improving and further developing its Cloud Offerings, and the development and improvement of associated artificial intelligence and machine learning algorithms. Subscriber agrees and acknowledges that Xxxxxxx may from time-to-time collect Usage Data and that all Usage Data shall be owned by Xxxxxxx and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with the collection by Xxxxxxx of accurate Usage Data.
Subscriber Data. As between Oracle and Subscriber, Subscriber and Subscriber’s licensors retain all ownership and intellectual property rights in and to Subscriber data. Subscriber grants Oracle the right to host, use, process, display and transmit Subscriber Data to provide the Services pursuant to and in accordance with this Agreement and the Subscriber’s Order. Subscriber has sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Subscriber’s data, and for obtaining all rights related to Subscriber’s data required by Oracle to perform the Services.
Subscriber Data. 5.1 You and/or the Client as applicable shall own all right, title and interest in and to all of the Subscriber Data and, as between the Parties, you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Subscriber Data. You hereby grant us a license to import, access, store and use the Subscriber Data for the purpose of performing our obligations (and exercising our rights) under this Agreement, and to use such Subscriber Data for any of the purposes set out in clause 5.4.6, such licence being non- exclusive, royalty-free, transferable and worldwide to the extent necessary for such purposes.
5.2 You must maintain separate copies of all Subscriber Data accumulated and/or stored in CCH OneClick including for the purposes of organising your own data back-up. The Services exclude data back-up. We shall not be responsible for any loss, destruction, alteration or damage to the Subscriber Data however caused.
5.3 We shall, in providing the Services, comply with our Privacy Notice (CCH OneClick) relating to the privacy and security of the Subscriber Account Data (as such term is defined in the DPA) available through CCH OneClick, as such document may be amended from time to time by us in our sole discretion. CCH OneClick is hosted within the EEA.
5.4 If we process any personal data on your behalf when performing our obligations under this Agreement, the Parties record their intention that you and/or the Client shall be the data controller(s) (as applicable) and we shall be a data processor and in any such case:
5.4.1 you acknowledge and agree that the personal data may be transferred or stored outside the EEA or to the country where you and the Authorised Users and/or the Client are located in order to carry out the Services or use the Client Workspace and our other obligations under this Agreement;
5.4.2 you warrant that you (or the Client as applicable) are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this Agreement on your behalf;
5.4.3 you shall ensure that the Clients and the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
5.4.4 we shall, unless otherwise agreed in writing, process the personal data only in accordance with our Privacy Notice (CCH OneClick), the terms of this Agreement and any la...
Subscriber Data. Any data uploaded into the Service, or otherwise provided for processing by the Service, by or on behalf of Subscriber ("Subscriber Data") are Subscriber's property. HotSchedules’ use and disclosure of all Subscriber Data shall be governed by its then-current privacy policy, the current version of which is available at xxxxx://xxx.xxxxxxxxxxxx.xxx/privacy-policy (“Privacy Policy”). Subscriber hereby grants to HotSchedules a nonexclusive, perpetual, worldwide, royalty-free and fully-paid license to use the Subscriber Data to perform its obligations under this Agreement and as permitted under the Privacy Policy.
Subscriber Data. Konnektive claims no ownership over data and information that you or your Authorized Users input, upload or transfer in relation to, or which is collected from you, your devices or equipment by the Konnektive Offerings (“Subscriber Data”) and you retain all rights that you already hold in Subscriber Data. Notwithstanding anything to the contrary, Konnektive and its affiliates have the right to retain, transfer, duplicate, analyze, modify and otherwise use Subscriber Data in an anonymized form that does not identify you or any individual. As between you and Konnektive, you have sole responsibility for: (i) obtaining all necessary consents and permissions and satisfying all requirements under applicable law necessary to permit our use of Subscriber Data, including any personally identifiably information (“PII”) components thereof; and (ii) the accuracy, quality, integrity, legality, reliability, and appropriateness of Subscriber Data.
Subscriber Data. Subscriber will, at its expense, defend HotSchedules from and settle any actual or threatened third party Claim arising from or relating to the Subscriber Data or other materials or information provided by or on behalf of Subscriber, and will indemnify HotSchedules from all damages, costs, and attorneys’ fees finally awarded against HotSchedules as a result of such Claim; provided, however, that (a) HotSchedules gives Subscriber prompt written notice of the Claim; (b) HotSchedules grants Subscriber full and complete control over the defense and settlement of the Claim; (c) HotSchedules provides reasonable assistance at Subscriber’s request in connection with the defense and settlement of the Claim; and (d) HotSchedules complies with any settlement or court order made in connection with the Claim. Furthermore, Subscriber will indemnify HotSchedules from all liabilities, costs, and expenses incurred by HotSchedules in connection with any subpoena, testimony, deposition, or other HotSchedules participation in connection with any third-party Claim brought against Subscriber involving Subscriber Data or Subscriber’s employees or business.
Subscriber Data. Data relating to real estate for sale, previously sold or listed for sale, and data relating to Subscribers, entered into the current system by Subscribers and XXXX. Subscriber Data is owned by XXXX.
Subscriber Data. Subscriber Data is your property. You grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate, and display Subscriber Data as required to provide or perform the Service, Technical Support Services, account management services, and Professional Services, and to publish, display, and distribute de-identified, aggregated information derived from Subscriber Data and from your use of the Service for purposes of improving our products and services, and developing, displaying, and distributing benchmarks and similar reports, provided that any such data is not publicly identified or identifiable as originating with or associated with you or any individual person.
