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performance and error information, activity logs and date and time of use; "Customer Data"
<br /> means data, information, and content, including images, text, videos, documents, audio,
<br /> telemetry, location and structured data base records, provided by, through, or on behalf of
<br /> Customer, its Authorized Users, and their end users through the use of the Products and Services.
<br /> Customer Data does not include Customer Contact Data, Service Use Data, or information from
<br /> publicly available sources or other Third-Party Data or Motorola Data; "Third-Party Data" means
<br /> information obtained by Motorola from publicly available sources or its third party content
<br /> providers and made available to Customer through the Products or Services; "Motorola Data"
<br /> means data owned or licensed by Motorola; "Feedback" means comments or information, in oral
<br /> or written form, given to Motorola by Customer or Authorized Users, including their end users, in
<br /> connection with or relating to the Products or Services; and "Process" or "Processing" means
<br /> .any operation or set of operations which is performed on personal information or on sets of
<br /> personal information,whether or not by automated means, such as collection, recording, copying,
<br /> analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval,
<br /> consultation, use, disclosure by transmission, dissemination or otherwise making available,
<br /> alignment or combination, restriction, erasure or destruction.
<br /> 10.2. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer
<br /> with access to software, tools, data, and other materials, including designs, utilities, models,
<br /> methodologies, systems, and specifications, which Motorola has developed or licensed from third
<br /> parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations,
<br /> translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made
<br /> by Motorola or another party) (collectively, "Motorola Materials"). The Products and Services,
<br /> Motorola Data, Third-Party Data, and Documentation, are considered Motorola Materials. Except
<br /> when Motorola has expressly transferred title or other interest to Customer by way of an
<br /> Addendum or Ordering Document, the Motorola Materials are the property of Motorola or its
<br /> licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola
<br /> Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets,
<br /> know-how, other intellectual property and proprietary rights, and all associated goodwill and moral
<br /> rights). For clarity, this Agreement does not grant to Customer any shared development rights in
<br /> or to any Motorola Materials or other intellectual property, and Customer agrees to execute any
<br /> documents and take any other actions reasonably requested by Motorola to effectuate the
<br /> foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no
<br /> rights, other than those expressly granted herein, are granted to Customer by implication,
<br /> estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source
<br /> code or create derivative works from, merge with other software, distribute, sublicense, sell, or
<br /> export the Products and Services or other Motorola Materials, or permit any third party to do so.
<br /> 10.3. Ownership of Customer Data. Customer retains all right, title and interest, including
<br /> intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to
<br /> Customer Data except those rights granted under this Agreement including the right to Process
<br /> and use the Customer Data as set forth in Section 10.4 — Processing Customer Data below
<br /> and in other applicable Addenda. The Parties agree that with regard to the Processing of personal
<br /> information which may be part of Customer Data, Customer is the controller and Motorola is the
<br /> processor, and may engage sub-processors pursuant to Section 10.4.3—Sub-processors.
<br /> 10.4. Processing Customer Data.
<br /> 10.4.1. Motorola Use of Customer Data. To the extent permitted by law, Customer grants
<br /> Motorola and its subcontractors a right to use Customer Data and a royalty-free,
<br /> worldwide, nonexclusive license to use Customer Data{including to process, host,
<br /> cache, store, reproduce, copy, modify, combine, analyze, create derivative works
<br /> Motorola Customer Agreement 41
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