Common use of SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE Clause in Contracts

SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE. 1. S&S’ service provider, Oracle, continuously monitors the Hosting Services to facilitate its operation of the Hosting Services; to help resolve Customer’s service requests; to detect and address threats to the functionality, security, integrity, and availability of the Hosting Services as well as any content, data, or applications in the Hosting Services; and to detect and address illegal acts or violations of Section 5(a). The monitoring tools used by Oracle do not collect or store any of Customer’s Data residing in the Hosting Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, the Software or any other non-Oracle software provided by Customer or any Users that is stored in, or run on or through, the Hosting Services. Information collected by Oracle monitoring tools (excluding Customer’s Data) may also be used to assist in managing Oracle's product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes. 2. Oracle may (i) compile statistical and other information related to the performance, operation and use of the Hosting Services, and (ii) use data from the Hosting Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses"). Oracle may make Service Analyses publicly available; however, Service Analyses will notincorporate Customer’s Data, Personal Information or Confidential Information in a form that could serve to identify Customer or any individual. Oracle retains all intellectual property rights in Service Analyses. 3. IfOracle software is licensed to Customer under separate terms, then Customer’s use of such software is governed by the separate terms. S&S has no obligation or responsibility with respect to such separately licensed Oracle software.