Common use of Telemetry Data Clause in Contracts

Telemetry Data. 35.1 Notwithstanding the provisions contained in clause 16.4 of this Agreement, We are not liable with respect to Your use or reliance on any telemetry data We have provided to You in relation to the Equipment (“Data”). 35.2 You acknowledge that: (a) We own all rights, title and interest (including intellectual property rights) in the Data; (b) You must obtain our prior written approval for the purposes for which You intend to use the Data and You must not disclose the Data to any third party; (c) We do not warrant the accuracy of any Data nor guarantee that such Data will be available to You throughout the Hire Period; (d) We are not required to retain any Data and such Data may not be available for retrieval after the Hire Period; and (e) We may disclose, from time to time, any Data to a third party who is not a party to this Hire Agreement (for example, location and utilisation data with respect to the Equipment) and we are not required to obtain Your prior permission with respect to such disclosure nor will such disclosure constitute a breach of this Agreement by Us. 35.3 You release and indemnify us with respect to all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, costs, damage or expense) incurred in relation to Your use and reliance on any Data, arising with respect to the disclosure of Data to, and use of Data by, a third party (pursuant to clause 35.2(e)) or otherwise arising with respect to this clause 35.

Telemetry Data. 35.1 Notwithstanding the provisions contained in clause 16.4 of this Agreement, We are not liable with respect to Your use or reliance on any telemetry data We have provided to You in relation to the Equipment (“Data”). 35.2 You acknowledge that: (a) We own all rights, title and interest (including intellectual property rights) in the Data; (b) You must obtain our prior written approval for the purposes for which You intend to use the Data and You must not disclose the Data to any third party; (c) We do not warrant the accuracy of any Data nor guarantee that such Data will thatsuch Datawill be available to You throughout Youthroughout the Hire Period; (d) We are not required to retain any Data and Dataand such Data may not Datamaynot be available for retrieval after the Hire Period; and (e) We may disclose, from time to time, any Data to a third party who is not a party to this Hire Agreement (for example, location and utilisation data with respect to the Equipment) and we are not required to obtain Your prior permission with respect to such disclosure nor will such disclosure constitute a breach of this Agreement by Us. 35.3 You release and releaseand indemnify us with respect to all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, costs, damage or expense) incurred in relation to Your use and reliance on any Data, arising with respect to the disclosure of Data to, and use of Data by, a third party (pursuant to clause 35.2(e)) or otherwise arising otherwisearising with respect to this clause 35.

Telemetry Data. 35.1 33.1 Notwithstanding the provisions contained in clause 16.4 of this Agreement, We are not liable with respect to Your use or reliance on any telemetry data We have provided to You in relation to the Equipment (“Data”). 35.2 33.2 You acknowledge that: (a) We own all rights, title and interest (including intellectual property rights) in the Data; (b) You must obtain our prior written approval for the purposes for which You intend to use the Data and You must not disclose the Data to any third party; (c) We do not warrant the accuracy of any Data nor guarantee that such Data will Will be available to You throughout the Hire Period; (d) We are not required to retain any Data and such Data may not be available for retrieval after the Hire Period; and (e) We may disclose, from time to time, any Data to a third party who is not a party to this Hire Agreement (for example, location and utilisation data with respect to the Equipment) and we are not required to obtain Your prior permission with respect to such disclosure nor will such disclosure constitute a breach of this Agreement by Us. 35.3 33.3 You release and indemnify us with respect to all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements disbursement on a full indemnity basis, whether incurred or awarded warded against Us and any environmental loss, costs, damage or expense) incurred in relation to Your use and reliance on any Data, arising with respect to the disclosure of Data to, and use of Data by, a third party (pursuant to clause 35.2(e33.2e)) or otherwise arising with respect to this clause 35).