Common use of Content Storage Clause in Contracts

Content Storage. All Content sent to or retrieved from the Cloud will need to be transferred electronically, unless otherwise approved in writing by Continuum. For End-Clients located in the United States and which process Content that includes personally identifiable information concerning individuals who reside in the United States, Content will be stored on the Cloud located in the United States. For End-Clients located outside of the United States and/or which process Content that includes personally identifiable information concerning individuals who reside outside of the United States, Content will be stored on the Cloud located in the United Kingdom or Australia. MSP consents to the storage of Content in, and transfer of Content into, the country of storage determined by this Section 3.3, and represents and warrants that it has obtained written consent of its End-Clients to same prior to any such transfer or storage. Furthermore, MSP grants Continuum a perpetual, irrevocable, fully-paid up, royalty-free, non-exclusive, transferable right and license to copy, distribute, transfer, store and use MSP’s Content, and to sublicense the foregoing rights to any third-party service provider of Continuum, solely to provide the services set forth in this Agreement to MSP. Continuum will not access or use such Content except as necessary to maintain or provide Continuum Recover, or as necessary to comply with the law or a binding order of a governmental body. Continuum will not (a) disclose such Content to any government or third-party or (b) except as required to provide billing and administrative services, to provide support services requested by MSP and to investigate fraud, abuse or violations of this Agreement or the MSP Agreement, move such Content from the Cloud location determined by this Section 3.3; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, Continuum will give MSP notice of any legal requirements or order referred to in this Section 3.3. Prior to entering into any agreement with an End-Client under which Continuum Recover will be made available, MSP will include in its agreement with such End-Client, enforceable provisions that require the applicable End-Client to inform MSP in writing if any of the Content includes personally identifiable information concerning individuals who reside outside of the United States and permit the foregoing transfers and storage. MSP will notify Continuum in writing if any of the Content includes personally identifiable information concerning individuals who reside outside of the United States. MSP will indemnify, defend, and hold harmless Continuum for any liability arising from any third-party claims in connection with MSP’s or its End-Clients’ Content.

Content Storage. All Content sent to or retrieved from the Cloud will need to be transferred electronically, unless otherwise approved in win writing by Continuum. For End-Clients located in the United States and which process Content that includes personally identifiable information concerning individuals who reside in the United States, Content will be stored on the Cloud located in the United States. For End-Clients located outside of the United States and/or which process Content that includes personally identifiable information concerning individuals who reside outside of the United States, Content will be stored on the Cloud located in either the United Kingdom Australia or AustraliaDenmark, in accordance with Section 3.1. MSP consents to the storage of Content in, and transfer of Content into, the country of storage determined by this Section 3.33.2, and represents and warrants that it has obtained written consent of its End-Clients to same prior to any such transfer or storage. Furthermore, MSP grants Continuum a perpetual, irrevocable, fully-paid up, royalty-free, non-exclusivenonexclusive, transferable right and license to copy, distribute, transfer, store and use MSP’s Content, and to sublicense the foregoing rights to any third-party service provider of Continuum, solely to provide the services set forth in this Agreement to MSP. Continuum will not access or use such Content except as necessary to maintain or provide Continuum RecoverSaaS Backup, or as necessary to comply with the law or a binding order of a governmental body. Continuum will not not (a) disclose such Content to any government or third-party or (b) except as required to provide billing and administrative services, to provide support services requested by MSP and to investigate fraud, abuse or violations of this Agreement or the MSP Agreement, move such Content from the Cloud location determined by this Section 3.33.2; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, Continuum will give MSP notice of any legal requirements or order referred to in this Section 3.33.2. Prior to entering into any agreement with an End-Client under which Continuum Recover SaaS Backup will be made available, MSP will include in its agreement with such End-Client, enforceable provisions that require the applicable End-Client to inform MSP in writing if any of the Content includes personally identifiable information concerning individuals who reside outside of the United States and permit the foregoing transfers and storage. MSP will notify Continuum in writing if any of the Content includes personally identifiable information concerning individuals who reside outside of the United States. MSP will indemnify, defend, and hold harmless Continuum for any liability arising from any third-party claims in connection with MSP’s or its End-Clients’ Content.