Common use of Hosted Data Clause in Contracts

Hosted Data. During the Subscription Term, PTC or its subcontractors will perform daily backup of changed Hosted Data files, each of which will be stored for at least seven (7) days from the date of backup unless a subsequent backup replaces it. Such daily backup as provided herein should not be considered a replacement for Subscriber having appropriate disaster or business recovery plans for the destruction, loss, interception or damage to Subscriber’s data, and Subscriber acknowledges that PTC’s liability under this Section 8 is expressly limited by Section 12 below. PTC shall treat all Hosted Data as confidential and shall only use such Hosted Data to (a) provide the Services, (b) aggregate information relating to transactions for statistical analysis and business measures of the performance of the Services, (c) monitor Subscriber’s and its Permitted Users’ use of the Services for security purposes, (d) enforce the terms of this Agreement, and (e) share with any PTC subcontractors who need to know such information in order to provide the Services, provided that they are bound by similar confidentiality obligations. For purposes of clarity, PTC’s obligation to keep such Hosted Data confidential shall not apply to information that (1) PTC learns of from another source or independently develops without reference to the Hosted Data and does not reveal to be included in Subscriber’s Hosted Data or (2) PTC is required to disclose by law (but only to the extent of such required disclosure). PTC may retain copies of Hosted Data solely for back-up purposes after termination or expiration of this Agreement, provided, however, that PTC shall not be obligated to retain any such copies of the Hosted Data for more than thirty days following termination of expiration of this Agreement.