Usage and Performance Data Clause Samples

The "Usage and Performance Data" clause defines how a party, typically a service provider, may collect, use, and analyze data related to how a product or service is accessed and performs. This clause often covers information such as user activity logs, system performance metrics, and error reports, which may be gathered automatically during normal use. Its core practical function is to allow the provider to monitor, improve, and optimize their offerings while clarifying the scope of data collection and use, thereby addressing privacy concerns and ensuring transparency for users.
Usage and Performance Data. Hitachi may collect and transfer data created by and derived from the products or services that Hitachi supplies to You, including analytics models and statistical and performance usage data, which does not include personal data or other identifying information. You grant to Hitachi, its Affiliates and their respective personnel a worldwide, royalty-free, non-exclusive license to use, copy, modify and sublicense such derived data for the purposes of product and/or service delivery, improvement and development and You agree and acknowledge that Hitachi may share that data with Affiliates or authorized partners at any time and without notifying You. Hitachi may use feedback You provide about the Software for its business operations.
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Usage and Performance Data. In order to understand how our Services perform and which functionalities are used, we collect Usage and Performance Data. These may include bugs, errors and logs which are generated by users, and other data collected in using an anonymous ID associated with users. Such personal information can be used for support and maintenance, and for troubleshooting.
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Usage and Performance Data. STS collects and tracks Usage and Performance Data to facilitate the operation and function of the Platform, to provide reporting to Customer and Vendors, and for internal purposes, including, without limitation, to improve the Platform, to develop additional STS services, and to facilitate in the provision of updates, support, and invoicing, as well as research and development. Such Usage and Performance Data will be owned by STS and may be used for any lawful purpose.
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Usage and Performance Data. As part of the Platform Services, Intuit collects and tracks Usage and Performance Data to assist with the necessary operation and function of the Platform; to provide reporting to Customer; and for internal purposes, including without limitation, to facilitate in the provision of updates and support, by Intuit, its Affiliates, and its agents, and for research and development. Such Usage and Performance Data will be owned by Intuit and may be used for any lawful purpose. Intuit will only disclose Usage and Performance Data to Third Parties, including its subcontractors, for the purposes of facilitating the Services as described in this Agreement, to perform its other obligations, and exercise its rights under this Agreement, or as otherwise required by law.
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Usage and Performance Data. Customer acknowledges that the Software contains a self-reporting feature that, when not disabled by the Customer, will collect statistical and analytical data about Software performance and Customer’s use of the Software (and Third- Party Open Source) (collectively “Usage and Performance Data”). Customer may choose to disable the feature in the Software which permits transmission of this Usage and Performance Data to Kong. Customer agrees that Kong (and its Affiliates, contractors, successors, and assigns) can collect, maintain, process, use and otherwise fully exploit the Usage and Performance Data in any way now or in the future for its legitimate business purposes, including to corrects errors in Software, to maintain and improve its products and services, to deliver support services, and to monitor license compliance. Additionally, to the extent that any information constitutes personal data under any applicable law, then Kong agrees that any such data will be treated as Confidential Information and processed by Kong only in accordance with all applicable laws and Customer represents and warrants that it has the necessary authority (or consent as relevant) to make such data available via the self-reporting feature and that it allows Kong to use and process the data on a worldwide basis.
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Related to Usage and Performance Data

  • Portfolio Expense and Performance Data The Trust shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Trust shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 10 calendar days after the close of each Portfolio’s fiscal year: (a) The gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 16 to Item 4 of Form N-4, and (ii) Instruction 4(a) to Item 4 of Form N-6); (b) The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 17 to Item 4 of Form N-4, (ii) Instruction 4 to Item 17 of Form N-4, (iii) Instruction 4(b) to Item 4 of Form N-6, and (iv) Instruction 4 to Item 18 of Form N-6), and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Fund); and (c) The “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A (for the 1, 5, and 10 year periods, and in accordance with (i) Instruction 7 to Item 17 of Form N-4, and (ii) Instruction 7 to Item 18 of Form N-6).

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Capacity and Performance (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company. (b) Executive shall devote his full business time, attention, skill, and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment, including, without limitation, any activity that: (x) conflicts with the interests of the Company or any other member of the Company Group, (y) interferes with the proper and efficient performance of Executive’s duties for the Company, or (z) interferes with Executive’s exercise of judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from: (i) serving, with the prior written consent of the Board, as a member of the Board of Directors or Advisory Board (or the equivalent in the case of a non-corporate entity) of a noncompeting for-profit business and one or more charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing Executive’s personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii), and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s employment with Company shall be exclusive with respect to the business of Company. Accordingly, during the Term, Executive shall devote Executive’s full business time and Executive’s best efforts, business judgment, skill and knowledge to the advancement of the business and interests of Company and the discharge of Executive’s duties and responsibilities hereunder, except for permitted vacation (and other paid time off) periods, reasonable periods of illness or incapacity, and reasonable and customary time spent on civic, charitable and religious activities, in each case such activities shall not interfere in any material respect with Executive’s duties and responsibilities hereunder. (d) During the Term, the Executive will report directly to the Board. (e) On the Effective Date, the Board shall appoint Executive as a director (Chairman of the Board) of Company and shall, during the Term, nominate and recommend Executive for election as a director. Executive acknowledges and agrees that Executive is not entitled to any additional compensation in respect of Executive’s appointment as a director of Company. If during the Term, Executive ceases to be a director of Company for any reason, Executive’s employment with the Company will continue (unless terminated under Section 5), and all terms of this Agreement (other than those relating to Executive’s position as a director of Company) will continue in full force, and effect and Executive will have no claims in respect of such cessation of office. Executive agrees to abide by all statutory, fiduciary or common law duties arising under applicable law that apply to Executive as a director of Company. (f) Executive shall be employed to perform his duties under this Agreement at the primary office location of Company, or at such other location or locations as may be mutually agreeable to Executive and Company (including reasonable provisions during the COVID-19 national public health emergency). Notwithstanding this, it is expected that the Executive shall be required to travel a reasonable amount of time in the performance of his duties under this Agreement.

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Payment and Performance Bond Prior to the execution of this Contract, City may require Contractor to post a payment and performance bond (Bond). The Bond shall guarantee Contractor’s faithful performance of this Contract and assure payment to contractors, subcontractors, and to persons furnishing goods and/or services under this Contract.