Common use of Access and Use Restrictions Clause in Contracts

Access and Use Restrictions. Access and use by Subscriber and its Users of TrackWise Digital and Subscriber Data are subject to the terms of this Agreement, the Order Forms and the Documentation, including, without limitation, the following terms: (a) Subscriber may not (and may not permit others to) gain access, attempt to gain access, by any means, to any unauthorized portion of TrackWise Digital, or circumvent any contractual usage limit. (b) Subscriber may not (and may not permit others to), directly or indirectly: (i) reverse engineer or otherwise attempt to discover the source code or underlying ideas or algorithms of TrackWise Digital (unless and only to the extent permitted by applicable law); (ii) modify, copy, translate, or create derivative works based on TrackWise Digital; (iii) rent, lease, license, distribute, sell, assign or otherwise transfer rights to TrackWise Digital; (iv) use TrackWise Digital for timesharing or service bureau purposes or otherwise for the benefit of a party (except Users, as expressly permitted in this Agreement); or (v) misappropriate any of Sparta’s software, technology or other services or use TrackWise Digital or any Consulting Service to, or permit, enable or assist a third party to, create a competing product or service. (c) Subscriber may not (and may not permit others to) use or attempt to use TrackWise Digital to obtain electronic data or other information except as authorized under this Agreement. (d) Subscriber may not (and may not permit others to) bypass or disable any protections that may be put in place against unlicensed use of TrackWise Digital, or use or access TrackWise Digital or any Consulting Services or any Confidential Information of Sparta or third-parties in any way that might adversely affect the security, stability, performance or functions of TrackWise Digital, including by introducing any malware into TrackWise Digital or any part of TrackWise Digital. (e) Subscriber may not (and may not permit others to) use the Org that is provisioned by Sparta for any purpose other than exclusively using TrackWise Digital, and may not increase the number of custom objects within the Org other than those included in TrackWise Digital. (f) Subscriber may not (and may not permit others to) access, distribute or use any customer relationship management functionality of the SFDC Service.

Access and Use Restrictions. Access Subscriber shall not, and use by Subscriber and its Users of TrackWise Digital and Subscriber Data are subject shall not attempt to the terms of this Agreement, the Order Forms and the Documentation, including, without limitation, the following terms: (a) Subscriber may not (and may shall not assist, enable or permit Users or others to) gain access, attempt to gain access, by any means, to any unauthorized portion of TrackWise Digital, or circumvent any contractual usage limit. (b) Subscriber may not (and may not permit others to attempt to), directly or indirectly: : (a) (i) reverse engineer engineer, decompile, disassemble or otherwise attempt to discover or derive the source code or underlying ideas or algorithms of TrackWise Digital (unless and then only to the extent required to be permitted by applicable law); (ii) modify, copy, duplicate, translate, adapt or create derivative works of or based on TrackWise DigitalDigital or any portion thereof; (iii) rent, lease, license, sublicense, distribute, sell, resell, assign or otherwise transfer any rights to TrackWise DigitalDigital or any portion thereof; (iv) use or permit access to TrackWise Digital by any third party (other than Users as expressly permitted by this Agreement) or use TrackWise Digital for timesharing or service bureau purposes or otherwise for the benefit of a party (except Users, as expressly permitted in this Agreement)third party; or (v) misappropriate TrackWise Digital or any of Sparta’s software, technology or other services portion thereof; (vi) access or use TrackWise Digital or information provided pursuant to any Consulting Service to, or permit, enable or assist a third party to, to create a competing product or service.; (vii) perform or disclose any benchmark tests relating to TrackWise Digital; or (viii) remove, relocate, alter or obscure any trademark, copyright or other proprietary or restrictive marking or legend on TrackWise Digital or other materials delivered or made available by Sparta to Subscriber; (cb) Subscriber may not (and may not permit others toi) use violate the security of TrackWise Digital, including attempting to probe, scan or attempt to use TrackWise Digital to obtain electronic data test the security or other information except as authorized under this Agreement. vulnerability thereof, or breach any security or authentication measures, or otherwise avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure; (d) Subscriber may not (and may not permit others toii) bypass or disable any protections that may be put in place against unlicensed use of TrackWise Digital, or otherwise gain access to or use any unauthorized portion of TrackWise Digital or gain unauthorized access to any related system, software, service or network or the data contained therein, or actually or effectively circumvent any contractual usage or other limit whether via automated means or otherwise; or (iii) use or access TrackWise Digital or any Consulting Services or any Confidential Information of Sparta or third-parties in any way that might interfere with, disrupt the integrity of or adversely affect the security, stability, performance or functions of TrackWise Digital; (c) send automated queries of any kind to TrackWise Digital without the express, advance, written permission of Sparta, including by introducing using any malware into software that sends queries to TrackWise Digital to determine how a website or any part of web page “ranks” for various queries, “meta-searching” and performing “offline” searches on TrackWise Digital., or use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services offered at TrackWise Digital; (d) upload to or use TrackWise Digital to store or transmit infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material that is harmful to children or that violates third-party rights, or use TrackWise Digital for or in connection with any unlawful, harmful or fraudulent use or activities; (e) Subscriber upload to or use TrackWise Digital to store or transmit viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs, or use TrackWise Digital in any way that disrupts or risks disrupting the overall performance and up-time of TrackWise Digital due to Subscriber’s use of excessive storage capacity or bandwidth outside of the ordinary course of business, or otherwise use TrackWise Digital in any other manner that may not cause Sparta to have legal liability or disrupt others' use of TrackWise Digital; or (and may not permit others toi) use the Org that is provisioned by Sparta for any purpose other than exclusively using TrackWise Digital, and may not ; (ii) increase the number of custom objects within the Org other than those included in necessary to implement TrackWise Digital. Digital itself or as expressly permitted by the terms of a specific license as specified on an Order Form; (f) Subscriber may not (and may not permit others toiii) access, distribute or use any customer relationship management functionality of the SFDC Service; or (iv) use TrackWise Digital in connection with or transfer any related subscriptions to another ▇▇▇▇▇▇▇▇▇▇.▇▇▇ org. As used in this Section 2.2, references to “TrackWise Digital” include any related system, software, service or network and data contained therein as well as the Documentation.