Data User License Agreement (DULA) – Sensorfact
Equipment purchased or leased from Sensorfact by Customer and all (additional) services provided by Sensorfact to Customer shall hereinafter be referred to as the “Product”.
License Grant
Customer grants Sensorfact, and its affiliates, a non-exclusive, sublicensable (through multiple tiers of sublicensees), royalty free, worldwide, perpetual, irrevocable license to collect and use the data generated by or as part of the Product (hereinafter: the “Data”).
Sensorfact has the right to use, copy, modify and enhance the Data and use it in its own discretion for business operations, including for the performance of contractual obligations, compliance, quality control, research, transfer to third parties, development and improvement of its Products, including AI-based solutions.
Sensorfact stores such Data in its own discretion and shall not be required or held responsible to store the data or liable for the deletion, corruption or loss of Data.
EU Data Act
The Customer has right to access certain Data pursuant to the Data Act (EU Regulation 2023/2854) that is defined in the Information Notice(s) for the Product, as available at Sensorfact’s website.
By purchasing the Product(s), the Customer confirms access, review and acceptance of the Information Notice(s) as relevant to the purchase.
The Customer waives its rights to Data where such Data is not listed in the Information Notice, or where Sensorfact would incur costs or expenses, including labor costs, in storing, cleansing, structuring or delivering the data provided for in the Information Notice to the Customer.
Sensorfact makes no warranty on accuracy, quality, reliability, compatibility, usability, or fitness of Data for the Customer’s intended purposes.
The Customer acknowledges and agrees that, to the extent the Customer already has direct access to the Data in accordance with EU Data Act, the Customer shall not be entitled to request access to such Data from Sensorfact.
The Customer undertakes not to use the Data, or parts of it, that it receives to develop a Product that competes with Sensorfact, or use, or share it further for any purposes that are in violation of European Union law or applicable national law.
Termination
Upon termination or expiry of an agreement for the delivery of a certain Product by Sensorfact to Customer, this DULA shall terminate for that respective termination or expiration. At that moment, Customer shall immediately cease sharing Data with Sensorfact, and Sensorfact shall cease actively retrieving any Data generated on or after the effective date of termination. Customer acknowledges and agrees that if they do not return the equipment that is part of the Product to Sensorfact after termination of this DULA, Data might still automatically be retrieved by Sensorfact. All rights to Data generated prior to the termination date shall survive termination and remain in full force and effect.
Customer acknowledges that Sensorfact cannot provide its Product without this DULA being in effect. Hence, explicit rejection of this DULA by Customer after entering a contract for the delivery of a Product shall result in Sensorfact suspending the delivery of the Product(s). However, the Customer shall in that case not be released from its payment obligation under that contract.
Transfer of use and multiple Customers
Where the Customer contractually transfers ownership, or temporary rights (“Transfer”) to the Product to a natural or legal person (“Subsequent Customer”), the Customer shall include in the agreement between Customer and its Subsequent Customer provisions substantially reflecting the content of this DULA, in particular granting Sensorfact the permission to use the Data as permitted under the data clauses and make subsequent or other users to do the same.
Should Customer’s at least negligent failure lead to the use and sharing of Data by Sensorfact absent an agreement with Subsequent Customer, Customer will indemnify and hold harmless Sensorfact against any claims of the Subsequent Customer.