Common use of Data Access and Proprietary Information Clause in Contracts

Data Access and Proprietary Information. 7.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by BFDS as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by BFDS on data bases under the control and ownership of BFDS ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to BFDS or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to BFDS and further agrees that it shall not divulge to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents: (a) to access Customer Data solely from locations as may be designated in writing by BFDS and agreed to by the Fund and solely in accordance with BFDS' applicable user documentation; (b) to refrain from copying or duplicating in any way the Proprietary Information; (c) to refrain from obtaining unauthorized access to any portion of the Proprietary Information, and if such access is inadvertently obtained, to inform in a timely manner of such fact and dispose of such information in accordance with BFDS' instructions; (d) to refrain from causing or allowing the data acquired hereunder from being

Appears in 1 contract

Sources: Transfer Agency and Service Agreement (Tiaa Cref Institutional Mutual Funds)

Data Access and Proprietary Information. 7.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formatsformat, report formats, interactive design techniques, and documentation manuals furnished to the Fund by BFDS the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by BFDS the Bank on data bases under the control and ownership of BFDS the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to BFDS the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to BFDS the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents: (a) to access Customer Data solely from locations as may be designated in writing by BFDS and agreed to by the Fund Bank and solely in accordance with BFDS' the Bank's applicable user documentation; (b) to refrain from copying or duplicating in any way the Proprietary Information; (c) to refrain from obtaining unauthorized access to any portion of the Proprietary Information, and if such access is inadvertently obtained, to inform in a timely manner of such fact and dispose of such information in accordance with BFDS' the Bank's instructions; (d) to refrain from causing or allowing the third-party data acquired required hereunder from beingbeing retransmitted to any other computer facility or other location, except with the prior written consent of the Bank; (e) that the Fund shall have access only to those authorized transactions agreed upon by the parties; (

Appears in 1 contract

Sources: Transfer Agency and Service Agreement (Westwood Funds)

Data Access and Proprietary Information. 7.1 5.1 The Fund Funds acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund Funds by BFDS the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by BFDS the Bank on data bases under the control and ownership of BFDS the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to BFDS the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund Funds agrees to treat all Proprietary Information as proprietary to BFDS the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund Funds agrees for itself and its employees and agents: (a) to access Customer Data solely from locations as may be designated in writing by BFDS and agreed to by the Fund Bank and solely in accordance with BFDS' the Bank's applicable user documentation; ; (b) to refrain from copying or duplicating in any way the Proprietary Information; ; (c) to refrain from obtaining unauthorized access to any portion of the Proprietary Information, and if such access is inadvertently obtained, to inform in a timely manner of such fact and dispose of such information in accordance with BFDS' the Bank's instructions; ; (d) to refrain from causing or allowing the third-party data acquired hereunder from beingbeing retransmitted to any other computer facility or other location, except with the prior written consent of the Bank;

Appears in 1 contract

Sources: Transfer Agency and Service Agreement (Crabbe Huson Real Estate Investment Fund Inc)

Data Access and Proprietary Information. 7.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by BFDS SFM as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by BFDS SFM on data bases under the control and ownership of BFDS SFM or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to BFDS SFM or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to BFDS SFM and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents: (a) to access Customer Data solely from locations as may be designated in writing by BFDS and agreed to by the Fund SFM and solely in accordance with BFDS' SFM's applicable user documentation; ; (b) to refrain from copying or duplicating in any way the Proprietary Information; ; (c) to refrain from obtaining unauthorized access to any portion of the Proprietary Information, and if such access is inadvertently obtained, to inform SFM in a timely manner of such fact and dispose of such information in accordance with BFDS' SFM's instructions; (d) to refrain from causing or allowing the data acquired hereunder from being

Appears in 1 contract

Sources: Transfer Agency and Service Agreement (Ark Funds/Ma)