Common use of Customer’s Intellectual Property Clause in Contracts

Customer’s Intellectual Property. As between 1Point and Customer, Customer exclusively owns all rights, title and interest in and to all Data. In addition, all content created by Customer, or by 1Point for Customer during performance of the Services, including without limitation email templates, newsletters, distribution lists, links, images, graphs and photos (the "Work Product"), shall be the sole and exclusive property of Customer. 1Point agrees that it will not use the same Work Product created for Customer under this Agreement for another 1Point customer; provided, however, that nothing in the preceding sentence shall be interpreted to preclude 1Point from using the same functionality, format, code, design, concepts, workflows, integrations or other ideas represented in the Work Product, subject to 1Point’s confidentiality obligations under this Agreement. 1Point collects usage data about any Customer whenever any Customer interact with our Services, which may include the dates and times the Services are accessed, browsing activities (such as what portions of the Services are used). 1Point also collects information regarding the performance of the Services, including metrics related to the deliverability and usage of emails and other communications any Customer may send through the Services. For all other deliverables described in a Statement of Work which are not deemed Work Product, 1Point hereby grants Customer a limited, nonexclusive, nontransferable, revocable license to use such other deliverables during an applicable Subscription Term.

Customer’s Intellectual Property. As between 1Point and Customer, Customer exclusively owns all rights, title and interest in and to all Data. In addition, all content created by Customer, or by 1Point for Customer during performance of the Services, including without limitation email templates, newsletters, distribution lists, links, images, graphs and photos (the "Work Product"), shall be the sole and exclusive property of Customer. 1Point agrees that it will not use the same Work Product created for Customer under this Agreement for another 1Point customerCustomer ; provided, however, that nothing in the preceding sentence shall be interpreted to preclude 1Point from using the same functionality, format, code, design, concepts, workflows, integrations or other ideas represented in the Work Product, subject to 1Point’s confidentiality obligations under this Agreement. 1Point collects usage data about any Customer whenever any Customer interact with our Services, which may include the dates and times the Services are accessed, browsing activities (such as what portions of the Services are used). 1Point also collects information regarding the performance of the Services, including metrics related to the deliverability and usage of emails and other communications any Customer may send through the Services. For all other deliverables described in a Statement of Work which are not deemed Work Product, 1Point hereby grants Customer a limited, nonexclusive, nontransferablenon transferable, revocable license to use such other deliverables during an applicable Subscription Term.