Offering Data definition
Examples of Offering Data in a sentence
ExtraHop and its suppliers and/or licensors retain all worldwide right, title and interest in and to the ExtraHop Offerings, Offering Data, ExtraHop Tools, Documentation, and all technology, materials and the inventions and pre-existing content incorporated therein, and all derivative works, modifications and enhancements thereto and all intellectual property rights in any of the foregoing.
Upon termination or expiration of this Agreement, Caterpillar will close your account, and you will have ninety (90) days to obtain a copy of your Submitted Digital Offering Data to the extent that such Submitted Digital Offering Data is in Caterpillar’s possession.
Consultant and Client acknowledge that all rights and interests in and to the Offering Data (as defined below) shall be governed by the Issuance Terms of Use and each Issuer MSA (including any sub-agreements with Consultant’s third-party service providers) (all which shall be consistent with the terms hereof).
Notwithstanding the foregoing, Offering Data shall not include any of the following: (i) Data that Consultant had in its possession or control on a non-confidential basis prior to such Data being submitted, posted, or otherwise transmitted by or on behalf of Issuers or End-Users through the Technology or otherwise collected in connection with any Offering; (ii) Data that Consultant independently acquires or develops without reference to Offering Data; and (iii) Anonymized Data.
You acknowledge and agree that the Digital Offering (excluding Submitted Digital Offering Data), Digital Offering Background IP, and the terms and conditions of this Agreement are the confidential and proprietary information of Caterpillar and/or its Affiliates and their respective Affiliates, licensors, service providers, suppliers, subcontractors and distributors (“Confidential Information”).
In the Issuer MSAs with Proven, Saleen, and NexGenT, Consultant shall include language permitting Consultant to create and furnish, and Consultant shall so create and furnish, login credentials for Client to access and download Offering Data (defined below) at all times during the conduct of an Offering and for 60 days thereafter.
Consultant shall be entitled to create and use in any manner Anonymized Data from the Offering Data.
At all times Continuum shall use reasonable care, which in all cases shall be no less than industry- standard care, to ensure the security of data and information exchanged or transmitted by MSP using the Continuum Offering ("Data").
Your rights to Submitted Digital Offering Data shall remain subject to any restrictions or terms that apply to Submitted Digital Offering Data under any other agreement you have with Caterpillar or any third party, and Caterpillar does not make any representations or warranties with respect to such data under this Agreement.
Except to the extent required by applicable law or regulatory requirement, Customer may not identify Company as the source of the Offering Data to any third party without Company’s prior written consent, provided that Customer may make such a disclosure to its consultants or legal advisors without Company’s prior written consent.