Common use of Use of User Data Clause in Contracts

Use of User Data. (i) The use, license, sublicense and sale by the Company of any User Data collected from users at any website operated by the Company and any co-branded websites which the Company manages have complied in all material respects with the applicable published privacy policy in effect at the time such User Data was collected (collectively, the “Privacy Policies”), excluding any violation that, if disclosed, would not reasonably be expected to result in a material claim against the Company. (ii) The Company is in compliance with all Laws, Privacy Policies and contractual obligations binding on the Company that relate to or govern the compilation, use and transfer of User Data. The Products licensed or sold by the Company do not include any functionality or capability that violates, or upon use would or could violate, any Law, including, without limitation, the Computer Fraud and Abuse Act and any Law relating to “hacking,” trespass or unauthorized use. (iii) There is no suit, action or other proceeding (including any audit or investigation) pending or, to the Knowledge of the Company, threatened by any Person or any Government Authority involving the use, disclosure or transfer of any User Data by the Company, nor has the Company received any communication, written or oral, from any Government Authority regarding the use, disclosure or transfer of any User Data by the Company. (iv) Neither the Privacy Policies nor any Law restricts, limits or prohibits the transfer of User Data to Parent, the Surviving Corporation or their Affiliates or otherwise limits Parent, the Surviving Corporation or their Affiliates from succeeding to all rights and privileges of Company with respect to such User Data (it being understood that, following such transfer, such User Data will remain subject to the applicable use limitations set forth in such Privacy Policies). (v) To the Knowledge of the Company, no Person has obtained unauthorized access to User Data stored on the computer systems owned, leased or operated by the Company (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company in any material manner.

Use of User Data. (i) The use, license, sublicense and sale by the Company or its Subsidiaries of any User Data collected from users at any website operated by the Company or its Subsidiaries and any co-branded websites which the Company or any of its Subsidiaries manages have complied in all material respects with the applicable published privacy policy in effect at the time such User Data was collected (collectively, the “Privacy Policies”), excluding any violation that, if disclosed, would not reasonably be expected to result in a material claim against the CompanyCompany or its Subsidiaries. (ii) The Company is and its Subsidiaries are in compliance in all material respects with all Laws, Privacy Policies and contractual obligations binding on the Company and its Subsidiaries that relate to or govern the compilation, use and transfer of User Data. The Products licensed or sold by the Company do not include any functionality or capability that violates, or upon use would or could violate, any Law, including, without limitation, the Computer Fraud and Abuse Act and any Law relating to “hacking,” trespass or unauthorized use. (iii) There is no suit, action or other proceeding (including any audit or investigation) pending or, to the Knowledge knowledge of the CompanyCompany or any Subsidiary, threatened by any Person or any Government Authority involving the use, disclosure or transfer of any User Data by the CompanyCompany or its Subsidiaries, nor has the Company or its Subsidiaries received any communication, written or oral, from any Government Authority regarding the use, disclosure or transfer of any User Data by the CompanyCompany or its Subsidiaries. (iv) Neither the Privacy Policies nor any Law restricts, limits or prohibits the transfer of User Data to Parent, the Surviving Corporation or their Affiliates or otherwise limits Parent, the Surviving Corporation or their Affiliates from succeeding to all rights and privileges of Company or its Subsidiaries with respect to such User Data (it being understood that, following such transfer, such User Data will remain subject to the applicable use limitations set forth in such Privacy Policies). (v) To the Knowledge knowledge of the CompanyCompany or any Subsidiary, no Person has obtained unauthorized access to User Data stored on the computer systems owned, leased owned or operated by the Company or its Subsidiaries (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company or its Subsidiaries (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company or its Subsidiaries in any material manner.

Use of User Data. (i) The use, license, sublicense and sale by the Company or its Subsidiaries of any User Data collected from users at any website operated by the Company or its Subsidiaries and any co-branded websites which the Company or any of its Subsidiaries manages have complied in all material respects with the applicable published privacy policy in effect at the time such User Data was collected (collectively, the “Privacy Policies”), excluding any violation that, if disclosed, would not reasonably be expected to result in a material claim against the CompanyCompany or its Subsidiaries. (ii) The Company is and its Subsidiaries are in compliance in all material respects with all Laws, Privacy Policies and contractual obligations binding on the Company and its Subsidiaries that relate to or govern the compilation, use and transfer of User Data. The Products licensed or sold by the Company do not include any functionality or capability that violates, or upon use would or could violate, any Law, including, without limitation, the Computer Fraud and Abuse Act and any Law relating to “hacking,” trespass or unauthorized use. (iii) There is no suit, action or other proceeding (including any audit or investigation) pending or, to the Knowledge knowledge of the Company, threatened by any Person or any Government Authority against the Company or any of its Subsidiaries involving the use, disclosure or transfer of any User Data by the CompanyCompany or its Subsidiaries, nor has the Company or its Subsidiaries received any communication, written or oral, from any Government Authority regarding the use, disclosure or transfer of any User Data by the CompanyCompany or its Subsidiaries. (iv) Neither the Privacy Policies nor any Law restricts, limits or prohibits the transfer of User Data to Parent, the Surviving Corporation or their Affiliates or otherwise limits Parent, the Surviving Corporation or their Affiliates from succeeding to all rights and privileges of Company or its Subsidiaries with respect to such User Data (it being understood that, following such transfer, such User Data will remain subject to the applicable use limitations set forth in such Privacy Policies). (v) To the Knowledge knowledge of the CompanyCompany or any of its Subsidiaries, no Person has obtained unauthorized access to User Data stored on the computer systems owned, leased owned or operated by the Company or its Subsidiaries (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company or its Subsidiaries (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company or its Subsidiaries in any material manner.