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connection with domain names, rights in trade dress, rights in or relating to <br />databases, and any other form of statutory protection of any kind and any other <br />intellectual property rights (registered or unregistered) throughout the world <br />including all rights of reversion and rights to any applications and pending <br />registrations and the right to sue for and recover damages for past infringements. <br />1.3. "Services" means the online, web -based applications, including <br />Consultant's web -based management software, and Platform provided by <br />Consultant, including associated offline components but excluding Third Party <br />Applications. <br />1.4. "Third Party Applications" means online, web -based applications <br />and offline software products that are provided by third parties that may <br />interoperate with the Services, and are identified by Consultant as third -party <br />applications. <br />1.5. "Users" means individuals who are authorized by City to use the <br />Services, and who have been supplied user identifications and passwords by <br />City (or by Consultant at City request). Users may include but are not limited to <br />City employees, consultants, contractors and agents; or third parties with which <br />City transacts business. <br />1.6. "Data Breach" means the unauthorized access by a non -authorized <br />person/s that results in the use, disclosure or theft of City's unencrypted Personal <br />Data or Non -Public Data. <br />1.7. "Non -Public Data" means data, other than Personal Data, that is not <br />subject to distribution to the public as public information. It is deemed to be <br />sensitive and confidential by the City because it contains information that is exempt <br />by statute, ordinance or administrative rule from access by the general public as <br />public information. <br />1.8. "Personal Data" means data that includes information relating to a <br />person that identifies the person by name and has any of the following personally <br />identifiable information (PII): government -issued identification numbers (e.g., <br />social security, driver's license, passport); financial account information, including <br />account number, credit or debit card numbers. <br />1.9. "City Data" means all data created or in any way originating with the <br />City, all data that is the output of computer processing of or other electronic <br />manipulation of any data that was created by or in any way originated with the City, <br />whether such data or output is stored on the City's hardware, Consultant's <br />hardware or exists in any system owned, maintained or otherwise controlled by the <br />City or by Consultant, and all electronic data or information collected and stored <br />by Consultant and derived from City use of the Platform. <br />REV: 03-24-21 PR Pilot Project Software Agreement for the Automated Permit and Land Management System <br />Camino Technologies Corporation <br />ATTY/AGR.2021.062/Camino Technolgy Solutions, Inc. (Software for Automated Permit and Land Management) (Page 2 of 18) <br />