Buyer Data. 16.1 Subject to sub-Clause 16.2, all Intellectual Property Rights subsisting in Buyer Data are and shall remain the property of the Buyer. 16.2 Certain Buyer Data may belong to third parties. In such cases, the Buyer warrants that all such Buyer Data is used with the consent of relevant third parties. 16.3 The Buyer grants the Supplier a non-exclusive, royalty-free licence to use the Buyer Data during the term for the purpose of performing the Service. The Buyer warrants and represents that the Supplier’s use of the Buyer Data for the purpose of performing the Service will not infringe the rights of any third party. 16.4 Unless expressly agreed otherwise by the parties in writing, the Buyer warrants that no Personal Data exists within the Buyer Data. 16.5 The Supplier shall follow its standard archiving procedures for Buyer Data. In the event of any loss or damage to Buyer Data, the Buyer’s sole and exclusive remedy against the Supplier shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Buyer Data from the latest back-up of such Buyer Data maintained by the Supplier. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Buyer Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to Buyer Data maintenance and back-up for which it shall remain fully liable subject to these terms). 16.6 The Buyer shall indemnify the Supplier for any claims, costs, damages and expenses (including reasonable legal expenses) incurred by the Supplier as a result of the Buyer’s breach of this clause 16.
Appears in 4 contracts
Sources: Supplier Terms, Supplier Terms, Supplier Terms