18.1 Customer agrees that all intellectual property rights (including copyrights, trademark rights, database rights, and patent rights) contained in the Products and/or Services remain the property of Tracefy and/or its licensors. Tracefy is entitled, in the framework of the delivery of the Products and/or Services, to use or develop products, materials and methodologies that contain data provided by Customer or information derived from that, which will then fall under Tracefy’s property rights. Customer needs to refrain from infringing the intellectual property rights and other rights of Tracefy.
18.2 All information provided by Tracefy, such as (digital) reports, concepts, data, checklists, advice, formats, designs, sketches, software, applications, etc., as well as all data generated in the framework of the Services and/or Products delivered by Tracefy (including all data generated in and with the GPS Trackers and software subscriptions (such as anonymous trip data)) are and remain the property of Tracefy.
18.3 Customer undertakes to not change or delete Tracefy’s data and intellectual property rights, and to not utilize, apply and/or in any way use these changed or unchanged data or intellectual property rights for any other purpose than described in the agreement.
18.4 Tracefy retains the right to use the knowledge and data obtained through the performed work/Services and Products for other (commercial) purposes, provided that no confidential information of Customer is disclosed to third parties in doing so.
18.5 Customer indemnifies Tracefy against all claims of third parties concerning intellectual property rights with respect to the disclosure and/or reproduction of the texts, images, or other information provided to Tracefy by or on behalf of Customer.
18.6 Customer itself will not and will not allow third parties to do the following:
A. Copy, or attempt to copy, change, reproduce, reverse engineer, disassemble and/or decompile the source code and/or programs and/or software made available by or on behalf of Tracefy, the design of the Product, or the composition of any (part of a) Product or documents, unless this is legally allowed; or
B. Make a copy, modification, translation, and/or similar and/or derived work as that what is integrated in any Product or documents for any purpose, unless Tracefy provided prior written approval for this; or
C. Divide the Product in (sub) parts in order to make it available or transfer it to third parties.
18.7 Upon termination of the agreement, for any reason, Customer will provide Tracefy immediately all data of Tracefy or destroy it upon Tracefy’s first request. Customer is not allowed to make copies of and/or withhold data.
18.8 Article 18 remains in effect after termination of the agreement (by giving notice or termination).