SYSTECH INTERNATIONAL® EUSA Version 2015-2
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creates or authors relating to any of the foregoing (collectively “Feedback”); and (d) any and
all improvements, modifications, translations and derivative works of any of the foregoing
(“Systech Property”). You hereby assign all intellectual property and other rights, title and
interest in the Feedback to Systech and agree to provide Systech, at Systech’s expense, with
any assistance required for Systech or its licensors, as applicable, to document, perfect and
maintain its rights in the Feedback. No rights are granted to Customer or you with respect to
any Systech Property other than as expressly set forth herein or the Master Agreement. You
shall use commercially reasonable efforts to safeguard all Accounts used for accessing the
Subscription Service from misappropriation, theft, misuse or unauthorized access. Nothing in
this EUSA gives you a right to reproduce or otherwise use the Systech name or any of our
marks, logos, domain names, brands and/or other distinctive features.
5.02 Subscription Service Usage Data. You acknowledge that Systech may collect
metrics, data or other information regarding your use of the Subscription Service (collectively,
“Usage Data”), that such Usage Data and other information shall be the sole property of
Systech, that Systech may utilize this data to monitor the Subscription Service and to improve
the user experience of you and other users of the Subscription Service, and for Systech’s other
internal business purposes, both during and after the term of this Agreement, without your
consent.
5.03 Customer Data. Subject to the terms of the Master Agreement, (a) all information
submitted by you to the Subscription Service shall be considered Customer Data, which is
subject to terms stated in the Master Agreement; and (b) Customer retains all right, title and
interest, including without limitation all intellectual property rights, in and to the Customer
Data. Accordingly, Customer owns all Customer Data, including data, graphics, text,
information or material that is uploaded by you to the Subscription Service. Systech may
access Customer’s Account, and access, use, transmit, modify, copy and distribute Customer
Data from time to time as Systech deems necessary, solely for the purpose of providing
support, administration, and improvements to the Subscription Service and other Systech
Products, and Systech’s internal business purposes.
5.04 Trademarks. The following are trademarks of Systech International: Systech
International®, Systech TIPS®, TIPS®, Systech Sentri®, Systech Advisor®, Systech
Guardian®, Systech Citadel®, E-Fingerprint®, Systech Enterprise Serialization®. Additional
related marks of Systech International are: UniSeries™, UniSight™, UniScope™,
UniSecure™, UniTrace™ with and without the Systech mark. All related names, including
logos, products, and/or services are trademarks of Systech International. These marks may not
be used or displayed without our prior written consent. All other names, logos, product and
service names, designs and slogans are the trademarks of their respective owners.
SECTION 6. REPRESENTATIONS AND WARRANTIES.
6.01 You represent and warrant that
A. you are an Authorized User and you have the full power and authority to enter into
this EUSA and to perform the obligations hereunder;