Common use of Access and Use Restrictions Clause in Contracts

Access and Use Restrictions. Company shall not, and shall not attempt to (and shall not assist, enable or permit Users or others to, or to attempt to), directly or indirectly: (a) (i) reverse 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 Digital or any portion thereof; (iii) rent, lease, license, sublicense, distribute, sell, resell, assign or otherwise transfer any rights to TrackWise Digital 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 third party; (v) misappropriate TrackWise Digital or any portion thereof; (vi) access or use TrackWise Digital or information provided pursuant to any Services 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 Company; (b) (i) violate the security of TrackWise Digital, including attempting to probe, scan or test the security or vulnerability thereof, or breach any security or authentication measures, or otherwise avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure; (ii) 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 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, including using any software that sends queries to TrackWise Digital to determine how a website or 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) 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 Company’s use of excessive storage capacity or bandwidth, or otherwise use TrackWise Digital in any other manner that may cause Sparta to have legal liability or disrupt others' use of TrackWise Digital; or (i) use the TrialForce Org for any purpose other than exclusively using TrackWise Digital; (ii) increase the number of custom objects within the TrialForce Org; (iii) 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.

Access and Use Restrictions. Company Except for the rights expressly granted herein, Next DLP does not grant, license nor transfer to Subscriber or any User or other third party any ownership or other rights to any Next DLP Products or Next DLP intellectual property. No implied licenses are granted herein and all rights not expressly granted to Subscriber herein are reserved by Next DLP, its affiliates and respective suppliers or licensors where applicable. Subscriber shall not, and shall not attempt to (and shall not assist, enable or permit Users or others to, or to attempt to), directly or indirectly: (a) (i) reverse engineer, decompile, disassemble or otherwise attempt to discover discern or derive the source code or underlying ideas or algorithms of TrackWise Digital Next DLP Products (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 Digital Next DLP Products or any portion thereof; (iii) rent, lease, licenseshare, sublicense, distributelend, sell, resell, assign license, sublicense, distribute or otherwise transfer any rights to TrackWise Digital Next DLP Products or any portion thereof; (iv) use or permit access to TrackWise Digital Next DLP Products 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 third party; (v) misappropriate TrackWise Digital Next DLP Products or any portion thereof; (vi) access or use TrackWise Digital Next DLP Products or information provided pursuant to any Services Next DLP Service to create a competing product or service; (vii) perform or disclose any benchmark tests relating to TrackWise DigitalNext DLP Products; or (viii) remove, relocate, alter or obscure any trademark, copyright or other proprietary or restrictive marking or legend on TrackWise Digital Next DLP Products or other materials delivered or made available by Sparta Next DLP to CompanySubscriber or any copies thereof; (b) 2.2.2. (i) violate the security of TrackWise DigitalNext DLP Products, including attempting to probe, scan or test the security or vulnerability thereof, or breach any security or authentication measures, or otherwise avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure; (ii) bypass or disable any protections that may be put in place against unlicensed use of TrackWise DigitalNext DLP Products, or otherwise gain access to or use any unauthorized portion of TrackWise Digital Next DLP Products 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 Next DLP Products in any way that might interfere with, disrupt the integrity of or adversely affect the security, stability, performance or functions of TrackWise DigitalNext DLP Products; (c) 2.2.3. send automated queries of any kind to TrackWise DigitalNext DLP Products without the express, advance, written permission of Next DLP , including using any software that sends queries to TrackWise Digital Next DLP Products to determine how a website or web page “ranks” for various queries, “meta-searching” and performing “offline” searches on TrackWise DigitalNext DLP Products, 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 DigitalNext DLP Products; (d) 2.2.4. upload to or use TrackWise Digital Next DLP Products 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 Next DLP Products for or in connection with any unlawful, harmful or fraudulent use or activities;; or (e) 2.2.5. upload to or use TrackWise Digital Next DLP Products 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 Next DLP Products in any way that disrupts or risks disrupting the overall performance and up-time of TrackWise Digital Next DLP Products due to CompanySubscriber’s use of excessive storage capacity or bandwidthbandwidth outside of the ordinary course of business, or otherwise use TrackWise Digital Next DLP Products in any other manner that may cause Sparta Next DLP to have legal liability or disrupt others' use of TrackWise Digital; or (i) use the TrialForce Org for any purpose other than exclusively using TrackWise Digital; (ii) increase the number of custom objects within the TrialForce Org; (iii) 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 ▇▇▇▇▇▇▇▇▇▇Next DLP Products.▇▇▇ 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.