157627465.8
employees of Customer who are principally responsible for fraud detection access any such New Data,
Derived Data and Licensed Threat Data (and any Documentation pertaining thereto) solely for the
purposes of exercising the rights granted in Section 11.1.2.2(b) of these Service-Specific Terms; and, in
each case solely for Customers’ internal business purposes.
7.1.3. Customer Responsibility. You acknowledge and agree that you remain responsible for the security of the data
being analyzed by the SaaS Offerings. If using the Application Traffic Insight (“ATI”) functionality of the SaaS
Offerings, you acknowledge and agree that a device identifier is not guaranteed to be unique, and F5 disclaims
all liability under this Agreement in connection with your use of the ATI functionality. You will promptly inform
us of any material Derived Data.
7.1.4. Additional Terms Applicable to Data.
7.1.4.1. Threat Data. Notwithstanding anything to the contrary set forth in the Agreement, we will have the right
to collect, generate and analyze Threat Data, and we own and retain all right, title and interest worldwide
in and to the Threat Data, and all intellectual property rights therein or related thereto. Threat Data does
not include Customer Data.
7.1.4.2. New Data. Certain of the SaaS Offerings allow you to receive data from us that we own or license from a
third party, or that we create through proprietary analysis and modeling of Threat Data and/or Customer
Data alone or in combination with other data, such a risk score, intelligence about a threat from some
source other than Customer Data, or substantiation of any of the foregoing (the “New Data”). New Data
does not include Customer Data.
7.1.4.3. Ownership of and Restrictions on use of Data. As between you and us, we own and retain all rights, title
and interest in and to the New Data, Threat Data, and Derived Data, and you hereby assign to us any right,
title and interest you may have or acquire in any New Data, Threat Data and Derived Data. New Data,
Threat Data and Derived Data are F5’s Confidential Information. You will use New Data, Licensed Threat
Data, and Derived Data only for your lawful, internal cybersecurity analysis/auditing purposes in
accordance with this Agreement. You are responsible for proper security of any New Data, Licensed
Threat Data, and Derived Data you receive or possess. Unless prohibited by law, you will promptly inform
us of any request from a third party to exercise any purported rights with respect to the New Data, Threat
Data, or Derived Data.
7.1.4.4. Obligations on Termination. Upon expiration of the Service Term, you will immediately: (i) discontinue
use of the New Data, Licensed Threat Data and Derived Data and any Documentation pertaining thereto;
(ii) return to F5, or at F5’s written request destroy, all tangible materials containing, reflecting, or
incorporating the New Data, Licensed Threat Data or Derived Data or any Documentation pertaining
thereto; (iii) permanently erase all electronic versions of the foregoing materials from all systems you
directly or indirectly control; and (iv) execute and deliver to F5, upon request, written certification of your
compliance with the foregoing.
7.1.5. Demonstration License. In addition to the rights you grant to us to use the Customer Data in the Agreement,
you hereby grant us the right and license to use the Customer Data to demonstrate to you features and
functionality of additional products and services offered by us.
7.1.6. Covenant. Customer, on behalf of itself, its affiliates, and their successors and assigns, hereby irrevocably
covenants in perpetuity not to sue F5, its affiliates, their successors and assigns, direct or indirect customers,
users, licensees, service providers, distributors, retailers, or direct and indirect suppliers (collectively, “Released
Parties”) for infringement of any now existing or hereafter acquired patents with respect to the SaaS Offerings
(or any software, services, products now existing or hereafter developed that is similar to, a replacement for or
contains any functionality of any of the foregoing that is made, used, sold, offered for sale, imported or otherwise
exploited by any of the Released Parties).
7.1.7. Service Level Agreement. During the Service Term and provided that you are compliant with the Agreement and
any Service-Specific Terms, we will use commercially reasonable efforts to provide the applicable SaaS Offerings
in accordance with the Service Level Agreement. The terms of this Section 11.1.7 apply solely where your access
to the SaaS Offerings will be remote (i.e., all software is hosted by us on our own servers or by our third party