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Confidential Information
From time to time, either PeopleSocial or its customers may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) publicly available; (b) rightfully known to the receiving Party on a non-confidential basis; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without use of, or reference to, the Confidential Information of the disclosing Party. The receiver shall not disclose the disclosing Party’s Confidential Information to any Person, except to the receiving Party’s employees, consultants, agents or representatives who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations. In addition, and except as permitted herein, the receiving Party shall not use the Confidential Information of the disclosing Party except as necessary to exercise its rights or perform its obligations. The receiving Party shall be responsible for any unauthorized access, use or disclosure of the disclosing Party’s Confidential Information by the receiving Party’s Representatives.
Feedback
Customer or any of its employees or contractors may send or transmit any communications or materials to EvonSys by mail, email, telephone, or otherwise, suggesting or recommending changes to PeopleSocial, including new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”). In such case, the customer shall, and hereby does, grant EvonSys a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
Customer Content
Customer grants EvonSys a nonexclusive, worldwide, royalty-free, sublicensable license to (i) use, copy, reproduce, distribute, and make derivative works of customer content for the purpose of providing PeopleSocial and related services to customer and (ii) use customer content in connection with EvonSys’s improvement of the platform and related EvonSys products and services; provided, that any such use deliberated in this subsection (ii) will be on an aggregated, anonymized basis and will not involve the disclosure of customer content to third parties. For clarity, the foregoing license shall include the right for EvonSys to, at the direction of an Authorized User, transmit customer content to integrated platforms for purposes of posting such customer content within the integrated platform.
Usage Data
EvonSys may collect, retain, disclose, and use, during and after the subscription term for purposes of EvonSys’s business, usage data that is derived from the operation of PeopleSocial, including patterns identified through the use of the platform and algorithms, log data, and data regarding the performance and availability of the platform (“Usage Data”). Administrators within a customer’s tenant may view aggregated analytics and activity logs necessary for the platform administration. No personally identifiable information beyond what is required for the platform will be disclosed to administrators.
Content Creation
While using certain content generation features of PeopleSocial, users may generate images, posts and other content, all of which shall be deemed customer content, and EvonSys assigns to the users all right, title and interest in and to such content.