Trial agreement

Between

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1. Background and scope

1. Ericsson has developed Ericsson On-Demand Services that run on Google Cloud as specified in Appendix 1 to this Agreement and thereto related documentation (the “Trial Offering”).

2. Customer would like to acquire a limited right to access to evaluate the Trial Offering for future purchasing on the terms further set out in this trial agreement (the “Agreement”).

3. The parties agree to perform the trial in accordance with the terms and conditions of this Agreement.

2. Right of access

1. Subject to the terms and conditions in this Agreement, Ericsson grants to Customer a non-exclusive, non-transferable, limited, paid-up right to access the Trial Offering via Google Marketplace as specified in Appendix 1 (“Trial Specification”) solely for internal demonstration, test and evaluation purposes (the “Evaluation Purpose”).

2. Only the identified employees of the Customer and/or its Affiliate (the “Customer Approved Personnel”) as listed in Appendix 1 may access the Trial Offering (or parts thereof) and only in accordance with the Evaluation Purpose.

3. Some portions of the Trial Offering may contain open-source software and/or third-party AI Tool(s) as disclosed from time to time by Ericsson in the documentation and/or the accompanying release information. Such open-source software and/or third-party AI Tool(s) may be updated or replaced from time to time. With respect to such open-source software and/or third-party AI Tool(s), the right granted in Section 2.1 does not apply and the terms of the applicable open-source software license agreement and/or applicable terms and conditions provided by the AI Tool(s) developer/provider shall apply instead. Nothing in this Agreement limits any rights under, or grants rights that supersede, the terms of the applicable open-source software license or right to access agreement and/or applicable terms and conditions provided by the third-party AI Tool(s) developer/provider. Customer agrees to abide by the terms of such open-source software license or right to access agreement and/or applicable terms and conditions provided by the third-party AI Tool(s) developer/provider and to not carry out any action or omission which may cause Ericsson to breach such terms and conditions. Ericsson may disclose the Trial Offering, and any part thereof, to employees of Ericsson and to employees of Ericsson’s Affiliates and/or consultants or subcontractors, but always on behalf of Ericsson and under this Agreement.

4. Ericsson has the right to conduct an audit, by itself or through a third party, to verify that the Trial Offering and any part thereof is used in accordance with the limits stipulated by the terms and conditions of this Agreement.

5. The parties must not perform joint development activities under this Agreement.                  

3. Charges, costs and expenses

1. The Customer shall pay as outlined in the terms of GCP Marketplace Agreement. Customer may not use or access the Trial Offering if Customer does not comply with all of its payment obligations specified in the GCP Marketplace Agreement.

2. Customer acknowledges that billing is handled exclusively by Google, and that any disputes regarding invoicing, payment or refunds must be directed to Google.

3. Each party is responsible for its own costs and expenses in relation to this Agreement, unless otherwise agreed.

4. Data use rights

1. Customer grants to:

   1. Ericsson and its Affiliates a perpetual, non-exclusive, worldwide, paid up right to access, collect, copy, process, store, consolidate, analyse, anonymize, pseudonymize, transmit, transfer and use Customer Data for performance and to fulfil rights and obligations under this Agreement; and

   2. Ericsson Product Developers a perpetual, non-exclusive, worldwide, paid up right to access, collect, copy, process, store, consolidate, analyse, anonymize, pseudonymize, transmit, transfer and use, Customer Data for Product Development, offering and selling products or services, and to sublicense such rights to its subcontractors.

2. This Section 4 survives and will continue to apply after this Agreement terminates.

5. Customer responsibilities and prohibited use – Trial offering

5.1 Customer responsibilities

• a) Customer is responsible for its access to the Trial Offering, including any third-party content or applications used in or generated through the Trial Offering. Customer shall integrate its identity provider with the Trial Offering and cause each of Customer Approved Personnel to:

• b) access the Trial Offering only through credentials consisting of unique, individual username and password assigned to such Customer Approved Personnel user, and

• c) maintain the confidentiality and security of such credentials, including using authentication keys such as passwords with multi-factor authentication.

• d) Customer must ensure that only authorized personnel access the Trial Offering using unique credentials, and that such credentials are kept confidential and secure.

• e) Customer is responsible for (a) the operation, backup, and security of its content; (b) compliance with all laws relating to publishing and distributing its content; and (c) any claims relating to its content.

5.2 Prohibited use

Customer shall not, and shall not permit others to:

• f) alter, modify, adapt, copy, or create derivative works of the Trial Offering;

• g) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Trial Offering or analyze its design;

• h) use or analyze the Trial Offering to build or offer a similar or competitive product or service, or to copy its features or functionality;

• i)  use the Trial Offering for benchmarking, competitor analysis, or to avoid fees or usage limits;

• j)  remove, obscure, or alter any proprietary notices, labels, or marks;

• k) resell, sublicense, assign, delegate, transfer the Trial Offering, except as expressly permitted in this Agreement;

• l)  use the Trial Offering in violation of law or regulation, to gain unauthorized access, to send unsolicited or deceptive messages, viruses, or harmful code, or to violate the rights of third parties.

6. Security and data processing

1. Ericsson has implemented reasonable and appropriate industry-standard measures designed to help Customer secure its content used in the Trial Offering against accidental or unauthorised loss or access. Ericsson will notify Customer of any unauthorised third-party access of Customer’s content that Ericsson becomes aware of and use reasonable efforts to fix any identified security vulnerability. By using the Trial Offering, Customer agrees and confirms that this meets Customer’s security requirements and processing instructions.

2. Ericsson and Customer will obtain and maintain all necessary permissions under applicable law that each party must have to use, provide, store and process content (including Personal Data) to perform their responsibilities under this Agreement. Customer will obtain all necessary consents from, or make all necessary notifications to, any customer or end user to allow Ericsson to lawfully process content (including Personal Data) in performing its obligations under this Agreement, including to allow the exercise of its data access use rights in accordance with this Agreement. Customer is sole data controller for any Personal Data included in any content, and appoints Ericsson as data processor under applicable data protection law. The parties will enter into any additional data processing or transfer agreement that is required under the applicable data protection laws for such transfer or sub-processing (such additional agreements being subject to the terms of this Agreement).

3. Ericsson will process any Personal Data that Customer provides or makes available, or that derives from such Personal Data, solely for Customer, to provide the Trial Offering and perform its obligations under this Agreement. Ericsson will treat Customer’s content with duty of secrecy and not disclose or transfer it except as Customer directs or to the extent needed to perform its obligations under this Agreement. Ericsson will process content for as long as required under this Agreement, and will return or destroy Customer’s content (if any remaining) after the Trial Offering expires, save for any necessary copy to exercise its rights under this Agreement. 

4. Ericsson may, upon obtaining Customer consent, remotely access Customer Data (including Personal Data), from any facilities directly or indirectly controlled by Ericsson for support of the Trial Offering, including data collection. For these purposes Ericsson may use an employee, contractor, or facility in any place where an Ericsson Affiliate or any contractor is located, and Ericsson is liable for their performance. Customer appoints Ericsson to perform any such access and consents for Ericsson to appoint such processors and sub-processors. Upon request, each party will enter into any additional data processing or transfer agreement that is required under applicable data protection law for such transfer or sub-processing (such additional agreements being subject to the terms of this Agreement).  

5. Ericsson, its Affiliate, or its contractor may process and store a Customer employee’s contact information for performing this Agreement.

7. Personal data

1. The parties agree to perform their respective obligations in relation to Personal Data in accordance with applicable law and regulations. Upon request each party will enter into any additional data processing or transfer agreement that is required under applicable data protection laws for such transfer or sub-processing (such additional agreements being subject to the terms of this Agreement).

2. To the extent Customer provides Ericsson or its Affiliates or its subcontractors with Personal Data, Customer will obtain all necessary consents from, or make all necessary notifications to, any customer, employee or end user to allow Ericsson, its Affiliates and its subcontractors to lawfully process such Personal Data in performing its rights and obligations under the Agreement.
   
   Customer is informed that in connection with the services provided in connection with this agreement, you may have access to links to third parties´ websites and services, and the content and availability of those link does not imply any endorsement by Ericsson, for which Ericsson is not responsible or liable. Please review any related privacy statement from those third parties.

3. Ericsson is expressly authorized to carry out international data transfers between and to Ericsson Affiliates and sub-processors. When applicable, the international data transfers are expressly accepted based on the Intragroup Standard Contractual Clauses for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council published on 7th June, 2021 as a preferred mechanism, and also Ericsson Binding Corporate Rules (which can be found in https://www.ericsson.com/en/legal/privacy ) When applicable, Ericsson has in place with external sub-processors, Standard Contractual Clauses for IDTs, pursuant to European Regulation (EU) 2016/679 (GDPR). Ericsson would also implement specific technical and organizational measures, when so required under applicable law or regulations.

4. Any Personal Data provided by any party to the other under this Trial Agreement shall only correspond to information strictly necessary for the compliance of the same and shall only and exclusively be applied or used to ensure the compliance of the subject of this Trial Agreement, and shall not be transferred or delivered to third parties, except if authorized as included herein below. Each party undertakes to treat the Personal Data that, should that be the case, are provided by the other (or such data to which access is granted by this other party) in full compliance with applicable laws on personal data protection.

5. Customer will provide information to Ericsson for Ericsson to perform its obligations under this Trial Agreement. To this extent, Customer will have the consideration of data controller and Ericsson will be data processor. Ericsson will process Personal Data in accordance with the documented instructions of the data controller. Ericsson will inform controller if, under Ericsson's consideration, an instruction provided by data controller infringes applicable data protection Regulations. Thus, Ericsson shall be deemed to be an entity in charge of data processing as data processor.

6. Ericsson has adopted technical and organizational measures, taking into consideration the state of the technology, the costs of implementation and the nature, scope, context and purposes of the processing.

7. Before processing Personal Data, parties will fulfil the Appendix 3 “Registry of processing activities” to this Trial Agreement.

8. In order to perform and execute the their obligations under this Agreement and to carry out due payments directly or with intermediaries, the parties shall require the communication of certain Personal Data related to the parties’ representatives and contacts, as well as that Personal Data relating to any natural person providing services for such parties (i.e., employees, consultants and subprocessors), as the case may be (henceforth, “Contact Data”),  and shall be processed by, and under the responsibility of, each of the parties for the purpose of maintenance, management, and development of the Trial Offering. The parties agree that where applicable under applicable data protection law, they both act as independent controllers in connection with such processing of Personal Data and shall each comply with applicable data protection Law in respect of the business contact details.

9. Obligations in this Section shall survive termination of this Trial Agreement for two (2) years.

8. Data ownership, collection and use

1. Except for Ericsson Analytics Data, all Customer Data provided to Ericsson by Customer as a result of the use of the Trial Offering remain the exclusive property of Customer, and considered confidential information subject to the terms of this Agreement.

2. Any Ericsson Analytics Data produced as a result of Ericsson’s operation or rendering of the Trial Offering, or Customer’s use of the Trial Offering, are at all times and remain the exclusive property of Ericsson and considered confidential information subject to the terms of this agreement.

3. Ericsson uses Ericsson and third-party software tools, infrastructure, automated processes and intelligent systems, including robotic process automation, run book automation and machine learning/artificial intelligence for the purposes of providing the Trial Offering. Ericsson uses such software tools and automated processes in accordance with good industry practice and is free to determine which sub-contractors, tools and automated processes it uses, for delivering the Trial Offering. Ericsson will document descriptions of the automated processes implemented to deliver the Trial Offering. Customer authorizes Ericsson to appoint processors or sub processors and transfer Customer Data to them.

4. Customer is responsible for providing Ericsson access to any data needed for the purposes of Ericsson performing the Agreement. If Customer provides Ericsson with any suggestion or feedback to enhance or modify the Trial Offering (excluding Customer’s Data), Customer grants Ericsson and its Affiliates a worldwide, perpetual, non-exclusive and royalty free license to use and incorporate such feedback into the Trial Offering or products or similar services. Customer’s feedback is provided ‘as is’ and Customer makes no warranty about it nor has any liability to Ericsson or its Affiliates for it.

5. Ericsson may use the Customer's logo for marketing and public reference purposes.

9. Confidentiality

1. The Trial Offering and all technical, commercial and financial information, including this Agreement, exchanged verbally or in writing for the Trial Offering that is marked, identified, or otherwise clear from its nature as confidential at the time of disclosure are defined as “Confidential Information” under this Agreement. The parties agree the following applies when any party, or an Affiliate (as defined below) on the party’s behalf (“Discloser”), discloses Confidential Information to the other (“Recipient”).

2. Recipient undertakes to:

   1. only use or copy the Confidential Information as necessary for the Evaluation Purpose;

   2. use a reasonably acceptable degree of care to protect the Confidential Information;

   3. not reverse engineer, decompile or disassemble any software program or other instrument contained in the Confidential Information, unless Discloser agrees in writing; and

   4. not disclose Confidential Information to any person, except as set out below.

3. Recipient may disclose Confidential Information to Recipient’s:

   1. employee, and any employee of Recipient’s Affiliate (a legal entity that directly or indirectly controls, is controlled by, or under common Control with, that party) only if such employee is an Approved Customer Personnel; or

   2. financial or legal advisor.

each being an “Authorized Recipient”.

4. Disclosure above may only be made to an Authorized Recipient with a need to know for the Evaluation Purpose and/or exercising of the rights provided under this Agreement. Before such disclosure, Recipient must ensure that the Authorized Recipient has an obligation of confidentiality no less restrictive than this Agreement. Any prohibited disclosure or use of the Confidential Information by an Authorized Recipient is deemed a breach of this agreement by the Recipient.

5. If Recipient must disclose Confidential Information by law, valid court order, or rules of stock exchange: (a) Recipient will (to the extent lawfully possible) give prior notice to Discloser and allow Discloser a reasonable opportunity to oppose disclosure; and (b) Recipient and Discloser must take all reasonable steps to protect the Confidential Information and mitigate disclosure or its effects.

6. Recipient may disclose and use Confidential Information or any portion of it that:

7. is already or becomes publicly available, except by breach of this Agreement;

8. is demonstrably developed at any time without use of the Confidential Information; or 

9. becomes known to Recipient from a third party free to disclose it, or lawfully obtained at any time.

10. Neither party may make it publicly known that this Agreement has been entered into by the parties, without securing the prior written consent of the other party.

11. Recipient must promptly at its own cost return, destroy or erase any instrument or copy containing Confidential Information at Discloser's request when this Agreement ends if feasible in the view of the provisions under this Agreement. Without limitation of the foregoing, Recipient may retain any copy of Confidential Information that is: (a) required by applicable law or regulation; or (b) automatically generated or stored by backup systems and cannot be accessed in the normal course of business.

12. This Section 9 applies to any Confidential Information disclosed related to the subject matter hereof before this Agreement was signed by both parties.

13. This Section 9 survives and will continue to apply for five (5) years after this Agreement terminates.

10. Ownership

1. Ericsson, its Affiliates and/or its subcontractors and/or its applicable licensors retain all ownership and Intellectual Property Rights in and to: (a) anything provided by Ericsson to Customer under this Agreement, including the Trial Offering, any deliverables, any service and any documentation provided under this Agreement; (b) any graphics or content included in (a); (c) all underlying software, data, content and other materials that is used for the items set out in (a) and (b) (including any application programming interfaces (APIs) and software development kits (SDKs)); (d) Ericsson Analytics Data; (e) any results and output generated by Ericsson’s, its Affiliates’ and/or its subcontractors’ use of the AI Tools, except for (i) Customer Data that may be contained therein and (ii) pre-existing Intellectual Property Rights owned by third parties that may form part of such results and output; and (f) any modification, enhancement or derivative work, including feedback or suggestions about the Trial Offering provided by the Customer, made in respect of anything under (a) to (e).

2. If and to the extent results and output generated by use of AI Tools is provided or made available to Customer as part of the Agreement, Ericsson grants Customer a non-exclusive, non-transferable, royalty-free license to use the results or output for the purpose of utilizing the deliverables and services in accordance with this Agreement, subject to that Ericsson may separately and in writing put restrictions on Customer's right to use such results or output also for this purpose.

3. Customer, its Affiliates or its applicable licensors retain all Intellectual Property Rights in and to any Customer Data.

4. Except as expressly set out in this Agreement, nothing in this Agreement creates any right of ownership or license in or to the other party’s Intellectual Property Rights. Each party continues to independently own and maintain its Intellectual Property Rights. No implied licenses exist under this Agreement, and any right not expressly granted to Customer under this Agreement is reserved to Ericsson or its licensors.

11. Warranty disclaimer and general limitation of liability

1. The Trial Offering, the Confidential Information and any part thereof are provided “as is”. Ericsson makes no representations or warranties with respect to the Trial Offering, the Confidential Information and/or any part thereof, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, without limiting the generality of the foregoing, Ericsson makes no representation or warranty that (a) the use of the Trial Offering and/or AI Tool(s) and/or any part thereof will be uninterrupted or error free, and/or (b) any use and/or distribution of the deliverables and/or any part thereof, whether integrated into other equipment or not, are free from infringement of any third party intellectual property rights. Consequently, in no event is Ericsson, its affiliates or its suppliers, liable to Customer for any loss or damages (whether direct, indirect or consequential) arising from any use and/or distribution of the Trial Offering and/or any part thereof, whether integrated into other equipment or not, and/or arising by reason of the fact that the Trial Offering and/or any part thereof are defective or non-conforming and/or arising from this Agreement and/or any breach thereof.

2. Neither party shall be liable to the other party (or any third party related to the other party, including its customers or affiliates) under any claim (including any indemnity) or theory of liability  for any indirect, punitive, special, incidental or consequential  loss (even if the other party knew it was possible or reasonably foreseeable) or for any of the following types of loss (whether indirect or direct): loss of production, loss of use, loss of business or business interruption, loss of or corruption of data, loss of access, loss of goodwill, loss of market share, loss of revenue, loss of actual or anticipated savings, loss of profit, loss of or damage to reputation, ex gratia payments, regulatory fines, or loss of regulatory license.

3. Subject to Sections 11 and 11.2 above, each party’s total aggregate liability for all claims under this Agreement shall not exceed SEK100,000 or ten percent (10%) of the charges (if any) payable under this Agreement, whichever is higher.

4. The limitations and exclusions in this Section 1111 do not limit: (a) either party’s liability for a breach of Section 9 (Confidentiality); (b) Customer’s liability for a breach of the usage restrictions and conditions set out in Section 2 (Right of Access) and/or Section 10 (Ownership); (c) Customer’s non-performance of its payment obligations (if any) under this Agreement; or (d) gross negligence or intent or any liability that cannot be limited under applicable mandatory law.

12. Term and termination

1. This Agreement starts on the date the last party signs it and remains in effect for the term specified in Appendix 1, unless terminated earlier as set out below or as otherwise agreed in writing.

2. Notwithstanding anything to the contrary, either party may at any time and for any reason whatsoever terminate all or any part of this Agreement by providing the other party fifteen (15) days’ notice in writing.

3. Upon the expiration or any termination of this Agreement, the right granted to Customer under Section 1 above immediately terminates and Customer is forbidden to further acquaint itself with the Trial Offering and any part thereof in any way whatsoever.

4. Termination of this Agreement does not affect Google’s or Ericsson’s right to collect outstanding payments.

5. Those provisions in this Agreement, which by their nature need to survive the termination or expiration of this Agreement, survive termination or expiration of the Agreement.

13. Compliance with laws and export control

1. Each party is responsible for complying with all laws and regulations applicable to it or its operations for the performance of its rights or obligations under this Agreement, including but not limited to any law or regulation relating to occupational health and safety, and environmental protection and sanctions and export control laws and laws and regulations regarding access, control, processing and/or transfers of data or information.

2. The Customer will not export, re-export or transfer to a third party the Trial Offering, Confidential Information or other item delivered by Ericsson under this Agreement without the prior written consent from Ericsson.

14. Force majeure

1. Neither party is liable for any failure or delay to fulfil its obligations to the extent caused by any event beyond its reasonable control. 

2. If such event occurs, the affected party will immediately notify the other in writing with sufficient detail of the event. Both parties will use reasonable efforts to mitigate the effect of the event and the affected party will use reasonable efforts to fulfil its obligation as long as the event continues. If the event continues for more than thirty (30) days, either party may terminate this Agreement.

15. Notices

1. To be valid under this Agreement, a notice or other communication must be in writing to the addresses set out at the beginning of this Agreement and to the following notice contact persons.

   1. Ericsson: Salvatore Loreto (Business Owner, Sapper, BA Cloud Software and Services) with a copy to: Alyona Arkins (Commercial Director, BA Cloud Software and Services)

   2. Company: xxxxxxxxx [insert name], with a copy to: xxxxxxxxx [insert title]

2. If a notice of breach or terminating this Agreement is given by email or other agreed electronic means of communication, a copy of that notice must also be sent by hand or registered mail or pre-paid post.

3. In addition, Customer shall terminate its access to the Trial Offering through GCP Marketplace by following the cancellation procedures described in GCP Marketplace Agreement. Any termination request made directly to Ericsson will not be effective until Customer has cancelled the access in the GCP Marketplace.

16. Miscellaneous

1. Except as set out in this Agreement regarding changes, no other amendment of this Agreement is effective unless it is in writing and signed by the parties.

2. Neither party may assign any right or transfer any obligation under this Agreement unless it has obtained the prior written consent of the other party.

3. Each party is an independent contractor and this Agreement does not constitute a partnership or agency relationship between the parties. Neither party has any authority to bind or commit the other party or assumes any responsibility for the other party’s regulatory obligations, business, or operations. Each party is responsible for determining the assignment of its employees and contractors, and for their direction, control, and compensation.

4. A party may be irreparably harmed by the breach of the terms of this Agreement and damages may not be an adequate remedy. The non-defaulting party may seek an injunction or specific performance against the defaulting party for any threatened or actual breach of this Agreement.

5. If any provision of this Agreement is held to be unenforceable:

   • that provision is to be interpreted either by modifying it to the minimum extent to make it enforceable (if permitted by law), or disregarding it (if not); and

   • the rest of this Agreement is to remain in effect as written.

An unenforceable provision is to remain as written except when the provision is held to be unenforceable.

6. This Agreement constitutes the entire agreement of the parties relating to the subject matter of this Agreement. This Agreement supersedes all other oral or written agreements, understandings, representations, or courses of dealing relating to the subject matter of this Agreement.

7. The parties may sign this Agreement in several counterparts, each of which is deemed an original, but all of which constitutes one instrument.

17. Governing law and dispute resolution

1. The laws of the country in which Ericsson is registered (excluding its conflict of law principles) govern all matters under this Agreement.

2. The parties will settle any dispute arising out of this Agreement by arbitration under the Rules of Arbitration of the International Chamber of Commerce using three arbitrators, with all documents and proceedings in English. The seat of arbitration is the country in which Ericsson is registered.

3. Despite arbitration, the parties may use a competent court for an equitable or injunction remedy. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction. The parties’ confidentiality obligations under this Agreement apply to the arbitration proceedings and documentation. 

4. Conflicting Languages. If this Agreement is translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will govern unless expressly stated otherwise in the translation.

18. Definitions

In addition to any definitions set out elsewhere in this Agreement, the following expressions have the following meanings:

“Affiliate”
means (a) any entity that Controls, is Controlled by, or under common Control with, a party, or (b) for Ericsson, means Telefonaktiebolaget LM Ericsson (publ) or each legal entity that Telefonaktiebolaget LM Ericsson (publ) directly or indirectly Controls;

“AI Tools”
means any artificial intelligence, generative and/or general-purpose or similar artificial intelligence systems, models, solutions, applications or tools (including any combinations thereof) that can process and produce text, images, music, videos or other forms of data or information;

“Control”
means owning or controlling, directly or indirectly, more than 50% of shares or ownership interest);

“Customer Data”
means any and all materials, documentation, data or information of any type, which is owned, licensed by or otherwise within the control of the Customer and which (i) is relevant or required for Ericsson (or its Affiliates or subcontractors) for the performance under this Agreement or (ii) Customer makes available to Ericsson or any of its Affiliates or its subcontractors under the Agreement. For clarity, the term “Customer Data” does not include any materials, documentation, data or information which is owned or controlled by Ericsson or an Ericsson Affiliate or of its subcontractors, including all Intellectual Property Rights thereto;

“Ericsson Analytics Data”
means any and all data gained, generated, developed and/or derived by Ericsson, an Ericsson Affiliate or any of its subcontractors, from or as a result of, the performance and/or fulfillment of rights or obligations under this Agreement, including but not limited to data models, trained algorithms, analytics & machine learnings models, insights, use cases, automated processes, software tools, methods, ideas, concepts, know-how and/or intelligent systems (including Intellectual Property Rights therein). For clarity, Ericsson Analytics Data does not include Customer Data;

“Ericsson Product Developer”
means any Ericsson Affiliates appointed, designated or authorized to perform Product Development;

“GCP Marketplace Agreement”
means the terms between Google and the Customer, governing Customer’s use of the Marketplace, including the terms described at:
https://console.developers.google.com/tos?id=launcher

“Intellectual Property Rights”
shall mean any and all patents, patent applications, including with respect to patents, any patent rights granted upon any reissue, division, continuation or continuation-in-part applications now or hereafter filed, utility models issued or pending, registered and unregistered design rights, copyrights (including the copyright on software in any code), registered and unregistered trademarks, trade secrets and proprietary know-how, semiconductor mask work, and any other similar statutory intellectual property or industrial rights, as well as applications for any such rights;

“Personal Data”
means any information that can be related to an identified or identifiable living natural person (‘data subject’). An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to its physical, physiological, mental, economic, cultural or social identity; and

“Product Development”
means the designing, researching, development, modifying, manufacturing and/or testing of Ericsson products and services.

Appendix 1 – Specific terms

See: Specific terms

Appendix 2 – Trial specification

Solution description is provided to you by an Ericsson representative.

Appendix 3 – Registry of processing activities

See: Registry of processing activities

Annexure – Technical and organizational measures including technical and organisational measures to ensure the security of the data

See: Technical and organisational measures