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<br />MSNC021720 10
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<br />d. Data Collection
<br />
<br />Where Customer has placed an order that includes Brady’s data
<br />monitoring, data will be collected from the designated meters,
<br />loggers, systems, or devices and imported into Brady’s data
<br />monitoring. It is Customer’s responsibility to inform Brady of any
<br />changes to their internal network, internet connection, control
<br />system, or anything that might affect Brady’s ability to collect data
<br />for smart building analytics. If any such changes have occurred,
<br />Customer should raise the issues as a request for support
<br />through the local Brady office. Customer is free to request export
<br />of its own data from Brady’s data monitoring at any time.
<br />
<br />e. Ownership of Data
<br />
<br />All data relating to the performance and condition of Customer
<br />building systems that Brady collects in connection with the
<br />Brady’s data monitoring and smart building analytics shall be
<br />owned by Customer, provided that Customer grants to Brady the
<br />irrevocable, perpetual, nonexclusive, worldwide, royalty-free right
<br />and license to use, reproduce, display, distribute internally or
<br />externally and prepare derivative works based upon any such
<br />data Brady collects from Customer. Brady shall not use or publish
<br />such data in any way that identifies Customer as the source of
<br />that data without Customer's prior written consent. The data
<br />Brady collects from Customer will not include any personal or
<br />individual information.
<br />
<br />f. Data Retention
<br />
<br />Upon Customer's written request, Brady will endeavor to provide
<br />an electronic copy of data collected from Customer through data
<br />monitoring, subject to availability. Brady will use commercially
<br />reasonable efforts to store Customer's data obtained through data
<br />monitoring for up to 2 years. There is no guarantee as to the
<br />availability of the data.
<br />
<br />g. Communications- Analog Modem Facilities
<br />
<br />Customer authorizes Brady to utilize Customer's telephone line to
<br />provide data monitoring and smart building analytics and
<br />acknowledges that, unless an exclusive telephone line has been
<br />provided for performance of the services, the telephone line may
<br />be unavailable for Customer’s use for extended periods of time
<br />while data is being collected from Customer’s building systems
<br />and equipment. Brady is not responsible for any adverse impact
<br />to Customer's communications infrastructure, including but not
<br />limited to computers, BAS hardware or peripheral hardware.
<br />Customer understands that Brady will not be able to collect data
<br />when the telephone line or other transmission mode is not
<br />operating or has been cut, interfered with or is otherwise
<br />damaged or if Brady is unable to acquire, transmit or maintain a
<br />connection over Customer's telephone service.
<br />
<br />h. Communications- Ethernet
<br />
<br />Customer authorizes Brady to utilize Customer’s network
<br />infrastructure to provide the contracted services and
<br />acknowledges that Brady is not responsible for any adverse
<br />impact to Customer’s communications infrastructure. Customer
<br />understands that Brady will not be able to collect data when
<br />network issues do not allow for successful communications
<br />between Brady data collection devices and the data sources.
<br />Interruption of external Internet communications of longer than 24
<br />hours may result in loss of data and degradation of service levels.
<br />Interruption of communications can be classified as failure of
<br />transmitting or receiving packet transmissions, interfered- with or
<br />is otherwise damaged or if Brady is unable to acquire, transmit or
<br />maintain a connection over network or the internet for any reason
<br />including network or ISP outage or other network/ISP problems
<br />such as congestion or downtime, routing problems, or instability of
<br />signal quality.
<br />
<br />i. Logging and Data Mining
<br />
<br />Customer grants Brady the unrestricted right, but not the
<br />obligation, to log web addresses and/or mine other information
<br />and/or data relating to services and information accessed or
<br />requested (a) to provide better support, services and/or products
<br />to users of Brady products and services, (b) to verify compliance
<br />with the terms of the Agreement, (c) for use by Brady for
<br />statistical or other analysis of the collective characteristics and
<br />behavior of users or equipment, (d) to backup user and other data
<br />or information and/or provide remote support and/or restoration,
<br />(e) to provide or undertake: engineering analysis; failure analysis;
<br />warranty analysis; energy analysis; predictive analysis; service
<br />analysis; product usage analysis; and/or other desirable analyses,
<br />including histories or trending of any of the foregoing, and (f) to
<br />otherwise understand and respond to the needs of the users of
<br />Brady products and services.
<br />
<br />Any data logging, mining or other activities performed by Brady is
<br />intended solely for Brady’s own non-critical and non-emergency
<br />business purposes, and not for emergency alert, emergency
<br />response or any other purpose. Brady shall have no obligation to
<br />detect, monitor for, respond to, or alert authorities of any
<br />emergency. In case of an emergency, Customer is solely
<br />responsible to contact local emergency responders (such as the
<br />fire department, paramedics, or police department).
<br />
<br />j. Anti-Virus Prevention:
<br />
<br />Brady maintains antivirus checking software on the network and
<br />has a strict policy on checking all software loaded onto Brady’s
<br />environment. However, due to the nature of computer viruses,
<br />Brady is not able to guarantee that provision of data monitoring
<br />and smart building analytics will be virus free. It is Customer's
<br />responsibility to ensure that adequate security and antivirus
<br />software is installed on the Customer’s environment.
<br />
<br />k. Disaster Recovery
<br />
<br />In the event that Brady experiences a significant problem with
<br />data monitoring or smart building analytics that results in or is
<br />expected to result in the loss of service for in excess of 5 working
<br />days, Brady may transfer the data monitoring service and smart
<br />building analytics to an alternative hosting environment. In the
<br />event that Brady transfers the service to an alternative hosting
<br />environment, Customer acknowledges that the following may
<br />occur: There may be a loss of data imported to Brady after the
<br />last database backup was taken; data monitoring and smart
<br />building analytics may be provided by a different IP address; the
<br />IP address registered against the domain name may be changed.
<br />
<br />l. Privacy
<br />
<br />Brady will make commercially reasonable efforts to ensure that
<br />data and other parameters are not visible or accessed by other
<br />customers. Customer acknowledges that the very nature of
<br />communication via the internet restricts Brady from offering any
<br />guarantee to the privacy or confidentiality of information relating to
<br />Customer passing over the internet. In gaining access via the
<br />internet, Customer also acknowledges and accepts that electronic
<br />communication may not be free from interference by unauthorized
<br />persons and may not remain confidential. Customer therefore
<br />accepts that access and storage of data is at its own risk.
<br />Customer shall immediately report any breach in privacy to Brady.
<br />DocuSign Envelope ID: D17E56D1-C70C-4708-9A2B-CDD895385F28
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