Common use of Threat Data Clause in Contracts

Threat Data. (i) Notwithstanding anything to the contrary set forth herein, SHAPE will have the right to collect and analyze threat data, indications of compromise, telemetry and behavioral information, data relating to attacks and attack tools, attack credentials and other information relating to the provision, use and performance of various aspects of the Shape Security Software and related services, systems and technologies (including, without limitation, information concerning CUSTOMER data and data derived therefrom), and SHAPE will be free (during and after the Subscription Term of any Order or termination of this Agreement) to: (i) use such information and data to improve and enhance the Shape Security Software and related services and for other development, diagnostic and corrective purposes in connection with the Shape Security Software, related services and other SHAPE offerings; and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. (ii) SHAPE will have a right to use the Evidence of Compromise to populate its Attack Credential Knowledgebase, improve Shape Security Software, including its Blackfish Solution and related services and other product offerings, and use the Evidence of Compromise in the Blackfish Solution, related services and other product offerings, for other SHAPE customers participating in the Collective Defense. CUSTOMER agrees to contribute Evidence of Compromise into the Attack Credential Knowledgebase. CUSTOMER likewise represents and warrants that it has, or has obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that CUSTOMER submits to, or requests from, the Shape Security Software. CUSTOMER agrees that CUSTOMER has the necessary permission or is otherwise legally entitled to submit or request the material and to grant SHAPE the license described above. CUSTOMER understands that SHAPE may modify or adapt submitted material as it is distributed by SHAPE and SHAPE’s partners and/or make changes to the material in order to adapt the material to or through the Shape Security Software. (iii) The access to and use of the Shape Security Software granted hereunder do not replace the need for CUSTOMER to maintain regular data backups or redundant data archives. SHAPE HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF CUSTOMER DATA.