State Intellectual Property. The State shall retain all right, title and interest in and to (i) all content and all property, data and information furnished by or on behalf of the State or any agency, commission or board thereof, and to all information that is created under this Contract, including, data, information, and content, including images, text, videos, documents, audio, telemetry, location and structured data base records, provided by, or generated by, through, or on behalf of the State, a Purchasing Entity, its authorized users, and their end users through the use of the Products and Services (excluding Service Use Data as defined herein); and (ii) all State trademarks, trade names, logos and other State identifiers, Internet uniform resource locators, State user name or names, Internet addresses and e-mail addresses obtained or developed pursuant to this Contract (collectively, “State Intellectual Property”). State Intellectual Property does not include: (1) data Contractor collects from the State, a Purchasing Entity, its Authorized Users, and their end users for business contact purposes, including marketing, advertising, licensing and sales purposes (“State Contact Data”); (2) data concerning the use or performance of the Products and Services as may be generated by the a Purchasing Entity or the State’s use of the Products and Services or by Contractor’s support of the Products and Services, including personal information, product performance and error information, activity logs and date and time of use (“Service Use Data”), provided that Service Use Data will be anonymized to remove any means to identify the State or Purchasing Entity as the origin of the Service Use Data; (3) information from publicly available sources or Contractor’s third party content providers and made available to the State or a Purchasing Entity through the Products or Services (“Third-Party Data”); (4) data owned or licensed by Contractor (“Contractor Data”); or (5) comments or information, in oral or written form, given to Contractor by the State or Purchasing Entity, including their end users, in connection with or relating to the Products or Services (“Feedback”). Notwithstanding any contrary language elsewhere in this Agreement, Contractor may not collect, access, or use State Intellectual Property for except as strictly necessary to provide or enable use of a Product or Service purchased under this Agreement. Notwithstanding the foregoing, Contractor may make use of data in this Section 4.2 identified as other than State Intellectual Property; provided, however, that no representations or warranties are made by the State or Purchasing Entities with respect to Contractor’s collection, creation, or use of such data. Upon ninety (90) days after the expiration or termination of this Contract, Contractor shall return or destroy all State Intellectual Property and all copies thereof, and Contractor shall have no further right or license to such State Intellectual Property. Contractor acquires no rights or licenses, including, without limitation, intellectual property rights or licenses, to use State Intellectual Property for its own purposes. In no event shall the Contractor claim any security interest in State Intellectual Property.
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