Michelin Mobility Intelligence
(a) As between Michelin Mobility Intelligence and Customer, Customer shall own all Customer Data. Customer shall be solely responsible for the accuracy, quality, integrity, and legality of Customer Data and of the means by which Customer acquires and discloses Customer Data. Customer hereby grants to Michelin Mobility Intelligence a worldwide, non-exclusive, limited-term license to access, analyze, use, host, copy, transmit, process, and publish or display Customer Data as necessary for Michelin Mobility Intelligence to provide the Services to Customer in accordance with this Agreement. Customer hereby grants to Michelin Mobility Intelligence a non-exclusive, royalty-free perpetual license to (i) use Customer Data in order to provide, monitor, enhance and improve Michelin Mobility Intelligence’ services; and (ii) use all Customer Data that does not include Personal Information for statistical, analytical or aggregate use, including for improving Michelin Mobility Intelligence’ services. Subject to the licenses granted herein, Michelin Mobility Intelligence acquires no right, title, or interest from Customer under this Agreement in or to Customer Data.
(b)The Services can be used by Authorized Users to access and process Customer Data in order to generate reports, analyses, documents, and/or results, including AI Assessments. If Customer chooses to save such output, it will be saved as Customer Data in Customer’s account. Upon any termination, Michelin Mobility Intelligence will make all Customer Data available to Customer for electronic retrieval for a period of sixty (60) days, but thereafter Michelin Mobility Intelligence may, but is not obligated to, delete stored Customer Data (unless otherwise required by applicable law). Michelin Mobility Intelligence will not access Customer Data except in accordance with (a) the licenses granted to Michelin Mobility Intelligence in this Section 1.4; and (b) in compliance with Sections 3.2 (compelled disclosure) and 6 (Processing Personal Information).
The foregoing provisions of this Section 1 are for the benefit of Michelin Mobility Intelligence, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
“Authorized User(s)” refers to (i) employees, contractors and agents that Customer authorizes to use the Services on Customer’s behalf; and/or (ii) Project End Users, as applicable.
“Customer Data” means any and all raw data (including raw video and associated meta data), blurred video, text, materials, images, [photos,] graphics, sounds, and other electronic content or information submitted by or on behalf of Customer to the Services, as well as any processed data and output (including any AI-enabled data assessments (“AI Assessments”) generated through use of the Services).
Company Materials” includes any data (and technical data), text, information, graphics, images, maps, proprietary content, Documentation, and/or aggregated analytics, which are displayed, stored, or provided by or on behalf of the Company as part of the Services.
“Company Products” means Michelin Mobility Intelligence proprietary software solutions, including tools, applications, and platforms, which may be provided as software-as-a-service or as installable software (including mobile and desktop apps), and their related Documentation, as further described in a Statement of Work. Company Products also include any error corrections, updates, modifications, new releases, versions, and/or enhancements to software that may be generally released by Michelin Mobility Intelligence. New features, versions or products may be offered and priced separately.
“Data Protection Laws” means all national, federal, state, provincial, local, and international privacy, cybersecurity and data protection laws to the extent applicable to the processing of Personal Information under this Agreement, together with any implementing or supplemental rules and regulations, each as amended, including, but not limited to, the California Consumer Privacy Act.
“Documentation” means the technical documentation, manuals, specifications, and similar, expressed in any medium or format, describing the functionality, features, and operating requirements of the Company Products (as may be updated by Michelin Mobility Intelligence from time to time).
“Effective Date” means the date on which a Statement of Work is executed.
“Personal Information” means any information processed pursuant to this Agreement and relating to an identified or identifiable natural person, as well as other information defined as “personal information,” “personal data” or equivalent term under Data Protection Laws.
“Project(s)” means such projects of Customer on behalf of approved Project End Users as described in a Statement of Work.
“Project End User(s)” refers to any government agency, private company and/or non-profit end customer of Customer to whom Customer may sell or distribute access to the Services, as expressly approved on a case-by-case basis by Michelin Mobility Intelligence, and solely as needed to complete a Project.
“Statement of Work(s)” means one or more ordering documents for Customer’s purchase of Company Products and Services that are executed by the Parties from time to time. Statement of Works are incorporated herein by reference.
“Services” means, collectively, those Company Products and services, including any access to Company Materials, that may be provided by Michelin Mobility Intelligence as part of a Subscription, as specified in a Statement of Work.
“Subscription” means Customer’s access and usage rights to the Services in accordance with this Agreement and as described in the Documentation, that are ordered and purchased by Customer under a Statement of Work.
“Subscription Term” means the period of time during which Customer may use and access the Services beginning on the Effective Date and, continuing until such time as may be specified in a Statement of Work, or until terminated by either Party. The Services may automatically deactivate and become non-operational at the end of the Subscription Term, and Customer shall not be entitled to access the Services unless the applicable Subscription Term is renewed.