Common use of DATA EXPLOITATION Clause in Contracts

DATA EXPLOITATION. The Licensee owns all the Data. The Licensee is solely responsible for the quality, lawfulness and relevance of the Data that it transmits to the Processor as well as for their use with the Application Service and the results thereof. In addition, the Licensee guarantees to be the owner of all rights (including intellectual property rights and authorization of third parties) allowing him/her to use the Data. The Licensee guarantees that the Data does not violate the laws and regulations in force, the rights of third parties and is free from any virus or malicious code likely to harm the Solution or the Application Service. If the Processor becomes aware that an element of the Data violates the above stipulations, the Processor is entitled to remove or render unavailable such an element. The Licensee guarantees the Processor in the event of failure to comply with the stipulations of this article. The Licensee undertakes to defend the Processor at its own expense and indemnify the Processor against any costs, claims or damages incurred by the Processor or for which the Processor may be liable due to the Licensee's default.