Common use of Technology Restrictions Clause in Contracts

Technology Restrictions. Customer will not, and will not allow, permit or assist any User or third party to, directly or indirectly: (a) reverse engineer, decompile, disassemble, modify, create derivative works of, derive or otherwise attempt to discover the source code underlying any Fivetran Product; resell any Fivetran Product or use any Fivetran Product for timesharing or service bureau purposes or otherwise for the benefit of a third party, except as part of a Powered by Fivetran deployment identified on an Order Form; attempt to probe, scan or test the vulnerability of any Fivetran Product, breach the security or authentication measures of any Fivetran Product without proper authorization or willfully render any part of a Fivetran Product unusable; use or access any Fivetran Product to develop a product or service that is competitive with any Fivetran Product, engage in competitive analysis or benchmarking, or publicly disseminate performance information or analysis regarding any Fivetran Product; remove any proprietary notices or labels on any Fivetran Product; or use any Fivetran Product in violation of any applicable laws or regulations (including any export law) or outside the scope expressly permitted hereunder (including in the applicable Order Form); (b) post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of any Fivetran Product; attempt to access any other Fivetran systems that are not part of a Fivetran Product; use any Fivetran Product to upload, post, process, distribute, link to, publish, reproduce, or transmit any information, software or content for which Customer does not have the legal right to engage in such activities; or (c) with respect to On-Prem Software, (i) translate or localize any On-Prem Software; (ii) redistribute, encumber, sell, rent, lease, sublicense, display, publish, disclose or otherwise transfer rights to any On-Prem Software, in whole or in part, to any third party; or (iii) allow any third party (other than contractors that are Users) to access or use the On-Prem Software. Without limiting its other remedies, Fivetran may suspend Customer’s access to the Fivetran Products if Customer breaches any of the above restrictions, or if Customer’s use of a Fivetran Product risks material harm to the Fivetran Product or others, provided that, where practicable, Fivetran will give Customer prior notice thereof so that Customer may seek to resolve the issue and avoid suspension.