Common use of System Data Clause in Contracts

System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a) of this System Data section. Partner shall provide Dell the rights for System Data as set forth in subsections (a) and (b) of this System Data section in its End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms in the respective End-User agreements for the purchase of Products or Services.

Appears in 9 contracts

Samples: Reseller Terms of Sale, Reseller Terms of Sale, Reseller Terms of Sale

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System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users User that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a) of this System Data sectionsection 6.7(a). Partner shall ensure its agreement with End-User for the purchase of Products or Services provide Dell the rights for System Data as set forth in subsections (a6.7(a) and (b) of this System Data section in its End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms in the respective End-User agreements for the purchase of Products or Services).

Appears in 5 contracts

Samples: Reseller Terms of Sale, Reseller Terms of Sale, Partner Resale Agreement

System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a) of this System Data section. Partner shall provide Dell the rights for System Data as set forth in subsections (a) and (b) of this System Data section in its End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms in the respective End-User agreements for the purchase of Products or Services.must

Appears in 2 contracts

Samples: Reseller Terms of Sale, Reseller Terms of Sale

System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a) of this System Data section. Partner shall provide Dell the rights right for System Data as set forth in subsections (a) and (b) of this System Data section in its this End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms in the respective End-User user agreements for the purchase of Products or Services.

Appears in 1 contract

Samples: Reseller Terms of Sale

System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users User that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a6.7(a) of this System Data section. Partner shall provide Dell the rights for System Data as set forth in subsections (a) and (b) of this System Data section in its End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms in the respective End-User agreements for the purchase of Products or Services.

Appears in 1 contract

Samples: Reseller Terms of Sale

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System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a) of this System Data section. Partner shall provide Dell the rights for System Data as set forth in subsections (a) and (b) of this System Data section in its End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms in the respective End-User user agreements for the purchase of Products or Services.

Appears in 1 contract

Samples: Reseller Terms of Sale

System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a) of this System Data section. Partner shall provide Dell the rights for System Data as set forth in subsections subsection (a) and (b) of this System Data section in its End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms terms in the respective End-End- User agreements for the purchase of Products or Services.

Appears in 1 contract

Samples: Reseller Terms of Sale

System Data. (a) In connection with Dell’s performance or Partner’s or End-User’s use of the Products, Services, and Service Software, Dell may collect system data on the configuration, operation, performance and use of Products, Services, and Service Software through a telemetry collector (“System Data”), provided that this does not encompass any production data stored or processed by End User on or with a Product or Service. Partner’s or End User’s disablement of such features may entail disruption or disablement of the Product, Service or Service Software, as advised by Dell in the documentation or otherwise. System Data may be: (i) used by Dell or (ii) shared with third parties for lawful technical and commercial purposes, provided that any transfer by Dell to third parties requires appropriate protection of the confidentiality of End Customer and Partner-specific information and must be in line with applicable laws. (b) Dell shall exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies Partner, nor End User, nor is personally identifiable with an individual, and such data shall be considered Confidential Information of Dell. (c) Partner shall notify End-Users User that Dell collects and uses System Data relating to the performance or use of Products, Services, and Service Software as described in subsection (a) of this System Data section. Partner shall provide Dell the rights for System Data as set forth in subsections (a) and (b) of this System Data section in its End User agreements. Partner must include the Telemetry Data Provision located in the Offering Specific Terms in the respective End-User agreements for the purchase of Products or Services.

Appears in 1 contract

Samples: Reseller Terms of Sale

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