Common use of Licence Terms Clause in Contracts

Licence Terms. 4.1 Subject to the terms and conditions contained herein, MIDNIGHT BISTRO hereby grants you a non-transferable, non-exclusive licence to use the Site, Services and/or the Information made available to you by MIDNIGHT BISTRO in connection with this Agreement (“MIDNIGHT BISTRO Property and Services”, reference to MIDNIGHT BISTRO Property and Services shall include any part thereof). Save and except as otherwise stated in this Agreement or with MIDNIGHT BISTRO’s prior written consent, you shall not and shall not attempt, whether by yourself or by allowing any third party, to: (a) use MIDNIGHT BISTRO Property and Services for any purposes other than for the purpose of this Agreement. You shall not commercialise any MIDNIGHT BISTRO Property and Services; (b) use MIDNIGHT BISTRO Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement or act fraudulently or maliciously; (c) commercially exploit, misuse or abuse MIDNIGHT BISTRO Property and Services in any manner whatsoever or otherwise compromise the integrity of MIDNIGHT BISTRO’s software or systems; (d) access any Information not intended for you, including without limitation logging into a server or an account which you are not authorized to access; (e) use any device, software or routine to interfere with the proper working of the MIDNIGHT BISTRO Property and Services and/or transmit or distribute any malicious code, viruses, or harmful data or cause any such malicious code, viruses, or harmful data to be transmitted or distributed into or through MIDNIGHT BISTRO Property and Services or any operating system. You shall continuously operate nationally recognized virus scanning software to ensure that your system that integrates with or connected to MIDNIGHT BISTRO Property and Services does not contain any virus or any other contaminant; (f) distribute, transmit or post (or cause to be distributed, transmitted or posted) through or on MIDNIGHT BISTRO Property and Services any Information which is or may be unlawful, technologically harmful, false, misleading, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or which violates or infringes or may violate or infringe the rights (including intellectual property rights) of others; (g) send, advertise or publish any unsolicited advertising or promotional content through or on MIDNIGHT BISTRO Property and Services; (h) collect or harvest any Information from MIDNIGHT BISTRO Property and Services or MIDNIGHT BISTRO’s systems in an unauthorized manner or attempt to decipher any transmissions to or from the servers running any of the services provided or hosted on or through the Site; (i) carry out any activity or use MIDNIGHT BISTRO Property and Services in a way which may: i. interfere with the proper working of MIDNIGHT BISTRO Property and Services or otherwise affect the performance or functionality of any computer facilities related to MIDNIGHT BISTRO Property and Services; ii. interfere with or circumvent the security features of MIDNIGHT BISTRO Property and Services or any related website, other websites, or the Internet;

Licence Terms. 4.1 Subject to the terms and conditions contained herein, MIDNIGHT BISTRO STOCKY hereby grants you a non-transferable, non-exclusive licence to use the Site, Services and/or the Information made available to you by MIDNIGHT BISTRO STOCKY in connection with this Agreement (“MIDNIGHT BISTRO Property STOCKY property and Servicesservices”, reference to MIDNIGHT BISTRO Property STOCKY property and Services services shall include any part thereof). Save and except as otherwise stated in this Agreement or with MIDNIGHT BISTROSTOCKY’s prior written consent, you shall not and shall not attempt, whether by yourself or by allowing any third party, to: (a) use MIDNIGHT BISTRO Property STOCKY property and Services services for any purposes other than for the purpose of this Agreement. You shall not commercialise any MIDNIGHT BISTRO Property STOCKY property and Servicesservices; (b) use MIDNIGHT BISTRO Property STOCKY property and Services services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement or act fraudulently or maliciously; (c) commercially exploit, misuse or abuse MIDNIGHT BISTRO Property STOCKY property and Services services in any manner whatsoever or otherwise compromise the integrity of MIDNIGHT BISTROSTOCKY’s software or systems; (d) access any Information not intended for you, including without limitation logging into a server or an account which you are not authorized to access; (e) use any device, software or routine to interfere with the proper working of the MIDNIGHT BISTRO Property STOCKY property and Services services and/or transmit or distribute any malicious code, viruses, or harmful data or cause any such malicious code, viruses, or harmful data to be transmitted or distributed into or through MIDNIGHT BISTRO Property STOCKY property and Services services or any operating system. You shall continuously operate nationally recognized virus scanning software to ensure that your system that integrates with or connected to MIDNIGHT BISTRO Property STOCKY property and Services services does not contain any virus or any other contaminant; (f) distribute, transmit or post (or cause to be distributed, transmitted or posted) through or on MIDNIGHT BISTRO Property STOCKY property and Services services any Information which is or may be unlawful, technologically harmful, false, misleading, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a criminal offenceoffence, give rise to civil liability or otherwise violate any applicable laws or which violates or infringes or may violate or infringe the rights (including intellectual property rights) of others; (g) send, advertise or publish any unsolicited advertising or promotional content through or on MIDNIGHT BISTRO Property STOCKY property and Servicesservices; (h) collect or harvest any Information from MIDNIGHT BISTRO Property STOCKY property and Services services or MIDNIGHT BISTROSTOCKY’s systems in an unauthorized manner or attempt to decipher any transmissions to or from the servers running any of the services provided or hosted on or through the Site; (i) carry out any activity or use MIDNIGHT BISTRO Property STOCKY property and Services services in a way which may: i. interfere with the proper working of MIDNIGHT BISTRO Property STOCKY property and Services services or otherwise affect affect the performance or functionality of any computer facilities related to MIDNIGHT BISTRO Property STOCKY property and Services; services; ii. interfere with or circumvent the security features of MIDNIGHT BISTRO Property STOCKY property and Services services or any related website, other websites, or the Internet; iii. damage, disable, overburden, impair or compromise STOCKY’s systems or security; or iv. interfere with other users’ use and enjoyment of STOCKY property and services; (j) copy, distribute, recreate, and/or disseminate the underlying software of STOCKY property and services except where such act is incidental to the normal use of STOCKY property and services, or where it is necessary for the purpose of this Agreement or other back-up and/or operational security reasons; (k) provide or otherwise make available the underlying software of the Site in whole or in part (including object and source code), in any form to any person; (l) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the underlying software of STOCKY property and services; (m) disassemble, decompile or reverse engineer or create derivative works based on the whole or any part of the STOCKY property and services; and (n) make alterations or modifications to the underlying software of the whole or any part of STOCKY Site/Services or permit the same to be combined with, or become incorporated in, any other programs.