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<br />6 <br /> <br />right to access and use) the Services and Software Platform, will terminate; and (c) Client Data <br />will be returned or deleted pursuant to Section 4.3.1. <br /> <br />5. PROPRIETARY RIGHTS; CONFIDENTIALITY. <br /> <br />5.1. Company Intellectual Property Rights. The Company (or its licensors or <br />suppliers, as applicable) owns and shall retain ownership of the Client Account (excluding Client <br />Data), all manuals, guidelines, reports, media and other documentation regarding the Services or <br />any intellectual property of the Company which are provided in writing or electronic format by the <br />Company to the Client (the “Documentation”), if any, the Software Platform and any other software <br />developed by or for the Company (collectively, the “Intellectual Property”), including without <br />limitation all applicable rights to patents, copyrights, trademarks, trade secrets or other proprietary <br />or intellectual property rights inherent therein or appurtenant thereto (collectively, the “Intellectual <br />Property Rights”). Nothing in this Agreement grants any right, title or interest in or to (including <br />any license under) any Intellectual Property Rights to Client or Client Users, whether expressly, <br />by implication, estoppel or otherwise. The foregoing also includes any and all system <br />performance data and machine learning, including machine learning algorithms, and the results <br />and output of such machine learning. In addition, Client acknowledges and agrees that the <br />Company may aggregate data across multiple clients, provided that the results do not identify <br />Client (“Aggregated Anonymous Data”), and the Aggregated Anonymous Data is deemed the <br />Intellectual Property of the Company. For clarity, the Company may use the Aggregated <br />Anonymous Data for any purpose relating to the Company’s business, including providing <br />Aggregated Anonymous Data to external sources, and/or combining the Aggregated Anonymous <br />Data with external data, and to serve other business purposes as the Company deems <br />appropriate. No jointly owned intellectual property is created under or in connection with this <br />Agreement. Client acknowledges that the Company name, the Company logo, and the product <br />names associated with the Services are trademarks of the Company or third parties, and no <br />license to such marks is granted herein. Client shall not: <br /> <br />5.1.1. translate, decompile, or create or attempt to create, by reverse <br />engineering or otherwise, the source code, in whole or in part, from the object code to the Software <br />Platform or Client Account made available hereunder; <br /> <br />5.1.2. adapt any of the Intellectual Property of the Company, in whole or <br />in part, in any way or use it to create a derivative work; and <br /> <br />5.1.3. access or use the Services for purposes of competitive analysis of <br />the Services, the development, provision or use of a competing software service or product or <br />any other purpose that is to the Company’s detriment or commercial disadvantage. <br /> <br />5.2. Client Intellectual Property Rights. Client owns all right, title and interest, <br />including all related Intellectual Property Rights, in and to the Client Data. <br /> <br />5.3. Confidential Information. <br />