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End User License Agreement: DataSeerTM EULA

Updated: December 2, 2020
 
THE USE OF THE SOFTWARE AS SERVICES IS GOVERNED BY (A) THIS EULA AND (B) DATASEER: MASTER TERMS AND CONDITIONS, AN AGREEMENT BETWEEN YOU (AND/OR THE LEGAL ENTITY ON BEHALF OF WHICH YOU ARE ACCESSING THE SERVICES) AND DATASEER INC. (INCLUSIVE OF AFFILIATES AND SUBSIDIARIES, “DSI”) REFERENCING YOUR ORDER (AS SUBSEQUENTLY MODIFIED OR AMENDED, THE “ORDER”) FOR THE SERVICES (AND (A), (B), AND (C) COLLECTIVELY, THE “AGREEMENT”). FOR ANY INCONSISTENCY BETWEEN (A) AND (B), THE TERMS OF THE EULA WILL CONTROL, PROVIDED, HOWEVER, THAT ACCESS AND USE OF THE SERVICES IS NOT PERMITTED BY ANY PERSON OR PARTY NOT FIRST ACCEPTING THE TERMS AND CONDITIONS OF THIS EULA.
 
IF YOU ARE ENTERING INTO THIS EULA AS AN INDIVIDUAL, THE TERM “END USER” REFERS TO YOU. IF YOU ARE ENTERING INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF YOUR LEGAL ENTITY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “END USER” WILL REFER TO SUCH LEGAL ENTITY AND YOU JOINTLY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU AT ANY TIME DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, YOU MAY NOT USE OR ACCESS THE SERVICES (AND/OR MUST IMMEDIATELY CEASE AND DESIST SUCH USAGE AND NOTIFY DSI OF SAME).
 
DSI AND END USER MAY INDIVIDUALLY BE REFERRED TO AS A “PARTY” AND, COLLECTIVELY, AS THE “PARTIES”. DEFINED TERMS HEREIN WILL APPLY IRRESPECTIVE OF WHETHER ALL CAPS OR TITLE CASE IS USED.

 

1. Access and Use

Subject to the terms and conditions of the Agreement, DSI grants End User a non-exclusive, non-sublicensable, and non-transferable right to access and use the
Services through its End User Account for internal business purposes only, in accordance with the Agreement and all Laws, and subject to any usage limitations (e.g., instances, users, compute, etc.) or other restrictions set forth in the Free Trial and/or the Agreement.
 
1.1 Free Trial

If End User is permitted access to the Services under a Free Trial, DSI provides such access to End User on a trial basis free of charge until the earlier of (a) the end of
the Free Trial period as specified in the applicable Order or otherwise set by DSI in its sole discretion, or (b) the Effective Date (whether automatic or otherwise) of any Order. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, INDEMNITIES, OR SUPPORT AND MAINTENANCE WHATSOEVER. For the avoidance of doubt, at the end of the Free Trial period, End User is no longer authorized or permitted to use the Services unless and until an Order (automatically or otherwise) provides a start date for the
relevant purchased Services.


1.2 Services and System Control

Except as otherwise expressly provided in the Agreement: (A)DSI has and will retain sole control over the operation, provision, maintenance, and management of the Services; and (B) as between End User and DSI, End User has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the End User Systems as controlled by End User or any an authorized user, including any: (i) information, instructions, or materials provided by any of them to the Services; (ii) results obtained from any use of the Services; and (iii) conclusions, decisions, or actions based on such use.


1.3 Changes

DSI reserves the right, in its sole discretion, to make any changes to the Services that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of DSI’s Services to its customers; (ii) the competitive strength of or market for DSI’s Services; and/or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable Laws. Without limiting the foregoing, End User may at any time request in writing changes to the Services, which may be undertaken at the sole discretion of DSI.


1.4 Restrictions

Except as otherwise expressly permitted in the Agreement, End User will not: (a) reproduce, modify, adapt, or create derivative works of any part of the Services; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Services to a third party; (c) use the Services for the benefit of any third party other than as part of an End User service or product that has significant contributions provided by the End User or for services bureau purposes; (d) incorporate the Services into a product or service with the intent to sell or commercialize such product or Services to a third party; (e) interfere with any license key mechanism in the Services or otherwise circumvent mechanisms in the Services intended to limit use or prevent unauthorized access; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Services, except to the extent expressly required pursuant to Laws (and then only upon advance written notice to DSI); (g) remove or obscure any proprietary or other notices contained in the Services; (h) use the Services to build products competitive to the Services; (i) publicly disseminate information regarding the performance of the Services; (j) export, reexport, transfer, or provide the Services to (or transit through) countries or regions comprehensively sanctioned by the United States, to the governments of these countries, wherever located, to any person or entity identified on the Bureau of Industry and Security’s Denied Persons, Entity, or Unverified lists or the Office of Foreign Assets Control’s Specially Designated Nationals List, to any end user with knowledge or reason to know that the Services will be used for nuclear, chemical, or biological weapons proliferation, or for missile-development purposes, or to any person with knowledge or reason to know that a violation of any sanctions laws may occur; or (k) encourage or assist any third party to do any of the foregoing.


1.5 Unauthorized Use

End User is provided access to the Services, but may not provide or assign access through End User’s Account (as defined in the Terms and Conditions) to third parties. End User will notify DSI immediately of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of the Services. End User will be held responsible for use of the Services by any third party it allows to access the Services, and any such unauthorized use will be considered a material breach of this End User License Agreement.


1.6 Support

DSI is under no obligation to provide support to the End User during any Free Trial. Under alternative terms, the Services incorporates DSI’s standard initial customer support services included during initial set-up at a specified fee and as referenced in the Order (“Initial Set-Up”). For clarity, charges for Initial Set-Up relate to the technical and administrative charges relating to setting up the “Customer Account” and End User Accounts (as defined below), and any non-charged training or guidance provided at that time will not be subject to warranty or covenant. End User and/or Customer may purchase enhanced ad hoc support services separately at DSI’s then-current rates.


1.7 Attribution

In any use of the Services, End User must not remove, obscure, or alter in any way the applicable attribution to DSI on all user interfaces to the Services (e.g., “Powered by DataSeer”) which must remain visible and unchanged unless otherwise permitted or instructed in writing by DataSeer.


1.8 System Requirements

End User is solely responsible for ensuring that its systems or third party systems (including internet access) needed to access the Services meet the requirements specified by DSI. DSI will have no obligations or responsibility under the Agreement for issues caused by End User’s use of any third party hardware, software or communication access not provided by DSI.


2. Services Availability and Data Storage

 
2.1 Services Levels

Subject to the terms and conditions of the Agreement, DSI will use commercially reasonable efforts to make the Services available on a continual basis, provided, however, that DSI is under no obligation to provide Services on any basis whatsoever during a Free Trial. Services may become or remain unavailable due to scheduled downtime and/or due to factors beyond DSI’s control, such as (a) End User’s or its authorized user’s Internet connectivity; (b) a Force Majeure Event; or (c) failure, interruption, outage, or other problem with any software, hardware, system, network, facility, or other matter not supplied by DSI pursuant to the Agreement. Additionally, DSI may prevent access to the Services due in whole or in part to any act or omission by End User or any authorized user/access to or use of the Services by End User or any authorized user, or using End User’s or an authorized user’s access credentials, that does not strictly comply with the Agreement. For clarity, none of the above-mentioned reasons for Services unavailability will be considered a breach of this Agreement.


2.2 Data Storage

Though cloud-based, the Services do not replace the need for the End User to maintain data backups or redundant data archives. DSI is not responsible for the maintenance and storage of End User Data and HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF END USER DATA. Subject to the terms of an applicable Order, End User acknowledges and agrees that DSI has no obligation to retain End User Data subsequent to the termination of this Agreement and that DSI has the right to irretrievably delete and destroy End User Data upon the termination of this Agreement.


3. Security

 
3.1 Overview

DSI has internally published security documentation relating to systems and data security, including (among other things) user authentication; storage and use of End User data; data security; data labelling; and third party tools. This document is available upon written request.


3.2 End User Control and Responsibility

End User has and will retain sole responsibility for: (a) all End User Data, including its content and use; (b) all information, instructions, and materials provided by or on behalf of End User or any authorized user in connection with the Services; (c) End User Systems; (d) the security and use of End User’s access credentials; and (e) all access to and use of the Services directly or indirectly by or through the End User Systems or End User access credentials, with or without End User’s knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.


3.3 Access and Security
End User will employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all access credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of End User Data, including the uploading or other provision of End User Data for processing by the Services.
 
3.4 Data Privacy Matters
End User recognizes that the Services do not require nor request personal data (as defined in the European Union’s General Data Protection Regulation). To the extent that End User uses personal data in connection with the Services, End User hereby (i) recognizes the voluntary and unnecessary nature of such use and (ii) affirms its explicit consent to such use (or, if a legal entity, the legal entity obtaining of same) to facilitate End User’s operation of the Services.

4. Subscriptions

 
4.1 Accounts

End Users authorized by Customer(as defined in the Order) create individual End User accounts (each, an “End User Account”). Through an End User Account, an End User, if so authorized, may upload, access, download, and use End User Data in a Customer Account subject to the terms of this Agreement.


4.2 Access to Services

End User Accounts will have access to Services pursuant to the Agreement for the duration of the Agreement, the termination of access pursuant thereto, or the removal of an End User Account by DSI or Customer, whichever comes first. For the avoidance of doubt, End User will have access to the Services only pursuant to this Agreement and its commitment to its terms and conditions, and will have no legal recourse against DSI or Customer for suspension or denial of access.


5. Confidentiality

Each party (the “Receiving Party”) understands that the other party(the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of the disclosure (hereinafter referred to as “Confidential Information” of the Disclosing Party). The Receiving Party agrees: (a) to take reasonable precautions to protect such Confidential Information and (b) except to perform its obligations hereunder or as otherwise permitted herein, not to use or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing will not apply with respect to Confidential Information that the Receiving Party can document (i) is or becomes generally available to the public through no fault of the Receiving Party; or (ii) was in its possession or known by its prior to receipt from the Disclosing Party; or (iii) was rightfully disclosed to it by a third party; or (iv) was independently developed without use of any Confidential Information of the Disclosing Party. If the Receiving Party is required by applicable law or court order to make any disclosure of such Confidential Information, it may do so to the extent of such requirement, provided that it first gives written notice to the Disclosing Party thereof (if legally permitted).
 
 

6. Proprietary Rights

The Services are made available on a limited license or access basis, and no ownership right is conveyed to End User, irrespective of the use of terms such as “free trial”, “purchase”, “sale” or “order”. DSI and its licensors have and retain all right, title, and interest, including all intellectual property rights, in and to DSI Technology (including the Services). From time to time, End User may choose to submit Feedback and DSI may, in connection with any of its products or Services, freely use, copy, disclose, license, distribute, and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. No Feedback will be considered End User Confidential Information, and nothing in the Agreement limits DSI’s right to independently use, develop, evaluate, or market products or Services, whether incorporating Feedback or otherwise.


7. Third Party Services

The Services may include components that DSI licenses commercially from third parties (“Commercial Components”) and/or components subject to the terms and conditions of certain “open source” licenses (“Open Source Components”). To the extent applicable, and for the avoidance of doubt, (a) all of the restrictions for the Services in the Agreement also apply to Commercial Components; (b) End User understands that the applicable Commercial Component licensor retains all ownership and intellectual property rights to the Commercial Component and such licensor is an intended third party beneficiary of the Agreement; (c) Commercial Component licensors do not assume any of DSI’s obligations under the Agreement; and (d) DSI has, to the extent commercially reasonable, attempted to identify Open Source Components included in the Services and, where applicable and irrespective of any such specific identification, the terms of the Open Source Components will apply. Notwithstanding the foregoing, if End User is using the Services in the form provided to End User, in accordance with End User’s permitted scope of use and with no distribution of software to third parties, then DSI believes it unlikely that these Open Source Components would impose any obligations on End User beyond what is stated in the Agreement.


8. Term and Termination

 
8.1 Term

This Agreement will commence as of the date set forth in the Order, irrespective of whether under Free Trial or otherwise, and will apply to the End User upon acceptance by the End User of the End User License Agreement. Unless earlier terminated as set forth below, this Agreement will remain in effect in perpetuity. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

 
8.2 Termination

In the event of a material breach by either party, the non-breaching party will have the right to terminate the Agreement if such material breach has not been cured (a) immediately if during a Free Trial and/or due to an actual or potential violation of Section 1.4, 1.5, and/or 5, or otherwise (b) if such material breach has not been cured within thirty (30) days of written notice from the non-breaching party specifying the breach in detail. The Agreement may also be terminated by either party upon written notice of termination, which termination will take effect thirty (30) days after receipt of such written notice. Upon any termination or expiration of the Agreement, End User’s right to access and use the Services will terminate. All sections of the Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.


9. Warranty Disclaimer

EXCEPT AS EXPLICITLY PROVIDED FOR IN THE DATASEER MASTER TERMS AND CONDITIONS, END USER IS NOT PROVIDED ANY REPRESENTATION OR WARRANTY WHATSOEVER. WITH RESPECT TO END USER, THE SERVICES ARE PROVIDED “AS IS” AND DSI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF THE SERVICES. DSI ADDITIONALLY EXPRESSLY DISCLAIMS ANY WARRANTY TO END USER AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, OUTPUT OR DATA ACCESSED, RECEIVED, OR USED BY END USER IN CONNECTION WITH THE SERVICES.
 
 

10. Indemnification

 
10.1 By DSI

DSI agrees to defend at its expense End User against any third party claim to the extent such claim alleges that the Services infringes or misappropriates any intellectual property right of a third party, and DSI will pay all costs and damages finally awarded against End User by a court of competent jurisdiction as a result of any such claim. In the event that the use of the Services is, or in DSI’s sole opinion is likely to become, subject to such a claim, DSI, at its option and expense, may (a) replace the applicable Services with functionally equivalent non-infringing technology; (b) obtain a license for End User’s continued use of the applicable Services; or (c) terminate the Agreement and provide a refund of any pro rata portion of the Fees relating to the remaining period of Service. The foregoing indemnification obligation of DSI will not apply: (1) if the Services is modified by End User; (2) if the Services is combined with other non-DSI products, applications, or processes not authorized by DSI, but solely to the extent the alleged infringement is caused by such combination; (3) to any unauthorized use of the Services; or (4) End User’s failure to use updated or modified Services provided by DSI to avoid infringement or misappropriation. THE FOREGOING PROVISIONS OF THIS SECTION STATE THE ENTIRE LIABILITY AND ALL OBLIGATIONS OF DSIAND THE EXCLUSIVE REMEDY OF END USER, WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES.

 
10.2 By End User

End User agrees to defend at its expense DSI against any claim brought against DSI by a third party alleging that the End User Data, or any other content or software utilized by End User in connection with its use of the Services, infringes any third party intellectual property right or violates any Laws, and End User will pay all costs and damages finally awarded against DSI by a court of competent jurisdiction as a result of any such claim.


10.3 Indemnification Requirements
In connection with any claim for indemnification under this Section 10, the indemnified party must promptly provide the indemnifying party with notice of any claim that the indemnified party believes is within the scope of the obligation to indemnify, provided, however, that the failure to provide such notice will not relieve the indemnifying party of its obligations under this Section 10, except to the extent that such failure materially prejudices the indemnifying party’s defense of such claim. The indemnified party may, at its own expense, assist in the defense if it so chooses, but the indemnifying party will control the defense and all negotiations relative to the settlement of any such claim. Any settlement intended to bind the indemnified party will not be final without the indemnified party’s written consent, which consent will not be unreasonably withheld, conditioned, or delayed.
 
 

11. Limitation of Liability

EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10, OR END USER’S BREACH OF SECTIONs 1.4, 1.5 AND/OR 10 OR USE OF THE SERVICES EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, NEITHER PARTY (NOR ANY OF ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES) WILL BE LIABLE FOR (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF THIS AGREEMENT OR ANY DELAY OR INABILITY TO USE THE SERVICES OR (B) IN THE CASE OF DSI, ANY OTHER DAMAGES IN EXCESS OF THE AGGREGATE FEES PAID TO DSI IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CLAIM FIRST AROSE, IN EACH CASE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
 
 

12. Services Data

End User acknowledges and agrees that DSI and its affiliates and contractors may use data and information, including End User Data, generated by, provided in connection with or for, or derived from use of the Services to provide, administer, develop, repair, and improve DSI’s offerings (including the Services) and for internal R&D purposes, subject to DSI’s compliance with Laws.
 
 

13. Notices

DSI may give (i) written notice applicable to DSI’s general user base by means of a general notice through the Services, and (ii) written notices specific to End User by electronic mail to one or more e-mail addresses provided by End User and kept on record in DSI’s account information. End User is responsible for maintain such electronic mail account and keeping such email address(es) current, and DSI is not responsible for any failure of notice due to End User’s failure to do so. Notices will be considered to be received upon DSI’s delivery of the same pursuant to this Section 13.
 
 

14. DSI Policies

DSI’s products and business are constantly evolving, and DSI may modify its terms and conditions and/or policies (including the Agreement and/or its Privacy Policy available upon request) from time to time to respond to changes in DSI’s products, DSI’s business, or Laws. Except during a Free Trial, and unless required by Laws, DSI agrees not to make modifications to the DSI policies that, considered as a whole, would substantially diminish its obligations to End User except pursuant to the terms of this Agreement, provided, however, that DSI may modify DSI policies without limitation to the extent that its obligations to End User are not substantially modified thereby, inclusive of modifying DSI policies and either temporarily or otherwise exempting End User from its/their application/effect. Modifications to any DSI terms and conditions and/or policies will take effect automatically as of the effective date specified therein.
 
 

15. Miscellaneous

This Agreement will be governed by and construed under the procedural and substantive laws of the State of Texas. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Harris County, Texas. Failure by either party to exercise any of its rights under, or to enforce any provision of, the Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of the Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the Agreement will remain in full force and effect. Subject to the opening paragraphs of the Agreement, the Agreement represents the entire agreement between the parties regarding End User’s use of the Services and supersedes any previous or contemporaneous oral or written agreements or communications regarding the subject matter of such. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of the Agreement. This Agreement may not be assigned by either party without the prior written approval of the other, except that either party may assign the Agreement to a successor to all or substantially all of the business or assets to which the Agreement relates, and DSI may assign the Agreement to any of its affiliates.
 
 

16. Definitions

Certain capitalized terms are defined in this Section 16, and others are defined contextually in the Agreement.
 
“DSI Technology” means the Services, any corresponding deliverables, their “look and feel”, any and all related or underlying technology and any modifications or derivative works of the foregoing, including as they may incorporate Feedback.
 
“Services Documentation” means any standard published documentation for the Services.
 
“End User Data” means, in relation to the Services, Customer or other data uploaded to, accessed from, or downloaded from a Customer Account, and all derivatives pertaining thereto.
 
“End User Systems” means End User’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by End User or through the use of third-party services.
 
“Free Trial” means access to the Services provided to the End User at no charge, including free accounts, trial use, demo, workshop, and “beta” versions, or as otherwise expressly identified as a “Free Trial” under an Order.
 
“Feedback” means any End User submission of any recommendations, suggestions, complaints, or other opinion relating to the Services and/or other DSI products and Services.
 
“Force Majeure Event” means any circumstances beyond DSI’s reasonable control, including without limit acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, national or regional epidemic/pandemic or emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
 
“Laws” means all applicable local, state, federal and international laws, regulations, and conventions, including those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.
 
“Order” means DSI’s applicable ordering documentation or other purchase flow, online portal, or use of the Services. Orders may include purchases of the Services, support and maintenance, or additional Services.
 
“Services” means the software services and all work product derivations from its use, Services Documentation, DSI systems related to the aforementioned software services, work product derivations and Services Documentation, and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by DSI or any subcontractor in connection with the Services or otherwise comprise or relate to the Services or DSI systems. For the avoidance of doubt, Services includes resultant data and any information, data, or other content derived from DSI’s monitoring of End User’s access to or use of the Services, but does not include data to the extent solely provided by End User.
 

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