Customer desires to make Commercial Use of the Mapillary Solution, and Mapillary is willing to permit such Commercial Use pursuant to and in accordance with the Agreement. For clarity, all imagery, data, and information derived from or submitted by or for Customer will be deemed “Content” for all purposes of the Agreement.
1.1 Availability. Subject to Customer's compliance with the Agreement, Mapillary grants Commercial Use access to the Mapillary Solution and Content. Customer's Commercial Use of Content or the Mapillary Solution constitutes Customer's agreement and assent to all terms and conditions of the Agreement.
1.2 Commercial Use. Customer's access rights and permitted activity under Commercial Use may consist of: (a) use for commercial and/or research purposes, including for improvement, training, and development of any Customer product, service, map, study, platform, website, application, software, algorithm, dataset, solution, or technology; and (b) use in the provision of services for or on behalf of one or more Customer clients.
1.3 Deidentification. In relation to all Content provided by Mapillary to Customer pursuant to the Agreement, Customer: (a) will make no attempt to reidentify any individual whose identity has been obscured; and (b) has implemented and will maintain: (i) technical safeguards and business processes that prohibit such reidentification; and (ii) business processes to prevent inadvertent release of any Content.
1.5 Consent to Emails. Customer consents to receive notices pertaining to the Agreement in email messages from Mapillary, which may be transactional, for account management purposes, or for communications relating to or provided as part of the Mapillary Solution, including notifications related to subscriptions or access, administrative notices and service announcements or changes.
Not applicable; Customer owes no fees under this Supplement.
3.1 Term. Customer’s Commercial Use subscription hereunder is perpetual, terminable per section 3.2.
3.3 Effect. Rightful and lawful termination, or expiration under the terms hereof, will not give rise to the right for the non-terminating party, or to either party in the case of expiration, to recover damages or to indemnification of any nature. The rights under this section 3 are in addition to any other rights and remedies permitted by law or under the Agreement. Breach of the Agreement may result in pursuit of all available remedies for intellectual property rights (including copyright infringement), the availability of which Customer hereby acknowledges.
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