1. Data Use:
(a) Customer Data.
(iii) Indemnification. Customer shall indemnify, defend, and hold harmless Supplier and its affiliates, and its and their officers, directors, employees, representatives, agents, contractors, successors, and assigns, from and against any and all claims, actions, judgments, losses, liabilities, damages, penalties, fines, costs, and expenses (including, without limitation, attorneys’ and other professionals’ fees and court costs) made, incurred, assessed, or awarded against them arising out of or in connection with Supplier’s exercise of the foregoing license relating to Customer Data or Customer’s breach of the foregoing representation and warranty relating to Customer Data.
(b) Anonymized Data. Customer hereby grants to Supplier a perpetual, irrevocable, non-exclusive, royalty-free license to (i) process Customer Data to create derivative data that does not include any personally identifiable information of any individual (“Anonymized Data”); (ii) access, use, copy, display, distribute, transmit, publish, and create derivative works of such Anonymized Data for Supplier’s internal and commercial purposes; and (iii) sublicense to its employees, agents, contractors, partners, customers, and end users the rights to access, use, and display such Anonymized Data, and such derivative works of such Anonymized Data, for Supplier’s internal and commercial purposes.
(c) Aggregated Usage Data. Customer hereby grants Supplier the right to collect and use aggregated usage data with respect to Customer’s use of Supplier’s Conasys platform. Such usage data are and shall be aggregated and not identifiable of Customer or any individual, including any specific homeowner end user of the Conasys platform.