Common use of Metrics Clause in Contracts

Metrics. The Goods may include an equipment data recording and transmission system (“Metrics”) with different data levels depending on the service level agreed with Metso Outotec. Purchaser agrees that certain data including equipment details, operational data, time data and position data may be recorded, transmitted, stored, analysed and evaluated by Metso Outotec and its Affiliates and relevant suppliers, consultants and distributors for online reporting services and offering and recommending certain goods and services to Purchaser. Purchaser further agrees that Metso Outotec may use such data, along with other data, on an anonymous and aggregated basis, to test, develop, evaluate, improve and enhance its goods and services and to create derivative works based on such data. Such data shall be trade secrets of Metso Outotec. Subject to payment of the Contract Price and all agreed additional fees, Metso Outotec herewith grants Purchaser a non- exclusive and non-transferable right to use Metrics for the sole purpose of managing its equipment during the agreed term. Purchaser shall not copy or modify any part of Metrics or create any derivative works from Metrics, use or provide Metrics on a white-labelled basis or otherwise for the benefit of any third party or use any materials or communications facilities provided by Metso Outotec other than for the purposes of Metrics. Metso Outotec shall not publish or use any data which identifies Purchaser or any individual user to provide goods or services to other customers of Metso Outotec.