Common use of Usage Restrictions Clause in Contracts

Usage Restrictions. Subscriber agrees that it shall not, and shall not permit any Account User or Third Party accessing by, through or at Subscriber direction, or on its behalf to, directly or indirectly: (i) modify, copy, create derivative works or attempt to derive the source code of the Cloud Service; (ii) assign, sublicense, distribute or otherwise make available the Cloud Service, to any Third Party, including on a timesharing, software-as-a- service or other similar basis; (iii) share Access Credentials or otherwise allow access or use the Cloud Service to provide any service bureau services or any services on a similar basis; (iv) use the Cloud Service in a way not authorized in writing by Company or for any unlawful purpose; (v) use the Cloud Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of Third Party privacy rights; (vi) attempt to tamper with, alter, disable, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Cloud Service; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Cloud Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Cloud Service; (ix) interfere with or disrupt the integrity or performance of the Cloud Service or the data contained therein;(x) access or use the Cloud Service in order to replicate applications, products or services offered by Company and/or otherwise build a competitive product or service, copy any features, functions or graphics of the Cloud Service or monitor the availability and/or functionality of the Cloud Service for any benchmarking or competitive purposes; (xi) under any circumstances, through a Third Party application, a Subscriber application or otherwise, repackage or resell the Cloud Service, or any Company Content; (xii) store, manipulate, analyze, reformat, print, and display Company Content for personal use; and (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Cloud Service. Notwithstanding the foregoing restrictions, in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to use the Cloud Service to provide Third Party services in cases where such Third Parties access the Subscriber provided applications or services, but where such Third Parties do not have the ability to install, configure, manage or have direct access to the Cloud Services. Company hereby agrees, subject to payment of the applicable fees, to permit such use and the terms of this Agreement, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use“).

Appears in 6 contracts

Sources: Master Subscription Agreement, Master Subscription Agreement, Contract With Brightly Software for Cloud Based Subscription

Usage Restrictions. Subscriber agrees that it shall not, and Customer shall not permit (a) make any Account User of the Services available to anyone other than Customer or Third Party accessing by, through or at Subscriber directionUsers, or on its behalf to, directly or indirectly: (i) modify, copy, create derivative works or attempt to derive the source code use any of the Cloud Service; Services for the benefit of anyone other than Customer or Customer Affiliates, (iib) assignsell, resell, license, sublicense, distribute distribute, rent or otherwise make available the Cloud Service, to lease any Third Party, including on Service or include any Services in a timesharing, software-as-a- service or other similar basis; (iii) share Access Credentials or otherwise allow access or use the Cloud Service to provide any service bureau services or any services on a similar basis; outsourcing offering, (ivc) use the Cloud Service in a way not authorized in writing by Company or for any unlawful purpose; (v) use the Cloud Service Subscription Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of Third Party third-party intellectual or privacy rights; , (vid) attempt use the Subscription Services to tamper withupload or store Malicious Code, alter, disable, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Cloud Service; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Cloud Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Cloud Service; (ixe) interfere with or disrupt the integrity or performance of the Cloud Service Subscription Services, (f) attempt to gain unauthorized access to the Subscription Services or its related systems or networks, (g) permit direct or indirect access to or use of the data contained therein;(x) access Services in a way that circumvents a contractual usage limit, or use the Cloud Service in order Services to replicate applicationsaccess, products copy or services offered use any of Workpath's intellectual property except as permitted under this Agreement, (h) modify, copy, or create derivative works of the Subscription Services or any part, feature, function or user interface thereof, (i) frame or mirror any part of the Subscription Services, other than framing on Customer own intranets or otherwise for Customer’s own internal business purposes or as permitted by Company and/or otherwise Workpath, (j) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile the Subscription Services or access it to (1) build a competitive product or service, copy any (2) build a product or service using similar ideas, features, functions or graphics of the Cloud Service Services, (3) copy any ideas, features, functions or monitor the availability and/or functionality graphics of the Cloud Service for any benchmarking or competitive purposes; (xi) under any circumstances, through a Third Party application, a Subscriber application or otherwise, repackage or resell the Cloud ServiceServices, or (4) determine whether the Subscription Services are within the scope of any Company Content; patent, or (xiik) store, manipulate, analyze, reformat, print, and display Company Content for personal use; and (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Cloud Service. Notwithstanding the foregoing restrictions, in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to use the Cloud Service to provide Third Party services Subscription Services in cases where such Third Parties access the Subscriber provided applications or servicesviolation of applicable Laws, but where such Third Parties do not have the ability to installincluding, configurewithout limitation, manage or have direct access to the Cloud ServicesExport Control Laws and Laws regulating data processing, data transfers and data protection. Company hereby agreesgefährdet, subject to payment of the applicable feeskann zu einer sofortigen Aussetzung der Dienste führen, to permit such use and the terms of this Agreementwobei Workpath unter den gegebenen Umständen wirtschaftlich vertretbare Anstrengungen unternimmt, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use“)um den Kunden zu benachrichtigen und ihm Gelegenheit zu geben, die Verletzung oder Gefährdung vor einer solchen Aussetzung zu beheben.

Appears in 3 contracts

Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement

Usage Restrictions. Subscriber agrees that it shall not, and shall not permit any Account User or Third Party accessing by, through or at Subscriber direction, or on its behalf to, directly or indirectly: (i) modify, copy, create derivative works or attempt to derive the source code of the Cloud Service; (ii) assign, sublicense, distribute or otherwise make available the Cloud Service, to any Third Party, including on a timesharing, software-as-a- a-service or other similar basis; (iii) share Access Credentials or otherwise allow access or use the Cloud Service to provide any service bureau services or any services on a similar basis; (iv) use the Cloud Service in a way not authorized in writing by Company or for any unlawful purpose; (v) use the Cloud Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of Third Party privacy rights; (vi) attempt to tamper with, alter, disable, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Cloud Service; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Cloud Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Cloud Service; (ix) interfere with or disrupt the integrity or performance of the Cloud Service or the data contained therein;(xtherein; (x) access or use the Cloud Service in order to replicate applications, products or services offered by Company and/or otherwise build a competitive product or service, copy any features, functions or graphics of the Cloud Service or monitor the availability and/or functionality of the Cloud Service for any benchmarking or competitive purposes; (xi) under any circumstances, through a Third Party application, a Subscriber application Application or otherwise, repackage or resell the Cloud Service, or any Company Contentdata; (xii) store, manipulate, analyze, reformat, print, and display Company the Content for personal use; and (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Cloud Service. Notwithstanding the foregoing restrictions, in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to use the Cloud Service to provide Third Party services in cases where such Third Parties access the Subscriber provided applications or services, but where such Third Parties do not have the ability to install, configure, manage or have direct access to the Cloud Services. Company hereby agrees, subject to payment of the applicable fees, to permit such use and the terms of this Agreement, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use“).

Appears in 3 contracts

Sources: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

Usage Restrictions. Subscriber agrees that it shall not, and shall Customer will not permit any Account User or Third Party accessing by, through or at Subscriber direction(a) make the Subscription Services available to, or on its behalf touse any Subscription Services for the benefit of, directly anyone other than the Users, or indirectly: for any purpose other than Customer’s internal business purposes as permitted hereunder, (ib) modifysell, copyresell, create derivative works or attempt to derive the source code of the Cloud Service; (ii) assignlicense, sublicense, distribute distribute, rent or otherwise make available lease the Cloud ServiceSubscription Services, to any Third Party, including on or include Subscription Services in a timesharing, software-as-a- service or other similar basis; (iii) share Access Credentials or otherwise allow access or use the Cloud Service to provide any service bureau services or any services on a similar basis; outsourcing offering, (ivc) use the Cloud Service in a way not authorized in writing by Company Subscription Services or for any unlawful purpose; (v) use the Cloud Service Non-Sitetracker Applications to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of Third Party third-party privacy rights; , (vid) attempt use the Subscription Services or Non-Sitetracker Applications to tamper withstore or transmit Malicious Code, alter, disable, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Cloud Service; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Cloud Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Cloud Service; (ixe) interfere with or disrupt the integrity or performance of the Cloud Service Subscription Services or the third-party data contained therein;(xtherein, (f) attempt to gain unauthorized access to the Subscription Services or their related systems or networks, (g) permit direct or indirect access to Subscription Services (including without limitation via connection/integration with any of its internal and(or) third-party applications, programs, or technology), or use of Subscription Services, in contravention or absence of any necessary permissions, consents or use rights, or use the Subscription Services to access or use any of Sitetracker’s intellectual property except as expressively permitted under this Agreement, an Order Form, or the Cloud Service Documentation, (h) modify or create derivative works based on the Subscription Services or any part, feature, function or user interface thereof, (i) copy the Subscription Services or any part, feature, function or user interface thereof except as expressively permitted by the Documentation, (j) frame or mirror any part of the Subscription Services, other than framing on Customer's own intranets or otherwise for its own internal business purposes as permitted hereunder or as permitted in order the Documentation, and (k) except to replicate applicationsthe extent permitted by applicable law, products disassemble, reverse engineer, or services offered by Company and/or otherwise decompile the Subscription Services, or access it to (1) build a competitive product or service or to benchmark with a non-Sitetracker product or service, copy any (2) build a product or service using similar ideas, features, functions or graphics of the Cloud Service Subscription Services, (3) copy any ideas, features, functions or monitor the availability and/or functionality graphics of the Cloud Service for any benchmarking or competitive purposes; (xi) under any circumstances, through a Third Party application, a Subscriber application or otherwise, repackage or resell the Cloud ServiceSubscription Services, or (4) determine whether the Subscription Services are within the scope of any Company Content; (xii) store, manipulate, analyze, reformat, print, and display Company Content for personal use; and (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Cloud Service. Notwithstanding the foregoing restrictions, in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to use the Cloud Service to provide Third Party services in cases where such Third Parties access the Subscriber provided applications or services, but where such Third Parties do not have the ability to install, configure, manage or have direct access to the Cloud Services. Company hereby agrees, subject to payment of the applicable fees, to permit such use and the terms of this Agreement, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use“)patent.

Appears in 1 contract

Sources: Master Subscription Agreement

Usage Restrictions. Subscriber agrees that it shall Customer will not, and shall not permit any Account User or Third Party accessing by, through or at Subscriber direction, or on its behalf to, directly or indirectly: (i) modifysell, copyresell, license, sublicense, distribute, translate, decompile, reverse engineer, create derivative works of, disassemble, broadcast, modify, alter, rent, lease, or attempt to derive the source code commercially exploit HITRUST’s Property, including, but not limited to, any Software, Services, or Content, or include any of the Cloud ServiceHITRUST’s Property in a service bureau or outsourcing offering; (ii) assignuse any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, sublicenseprogram, distribute script, algorithm or otherwise make available the Cloud Servicemethodology, or any similar or equivalent process, to access, acquire, copy, or monitor any Third Partyof HITRUST’s Property or in any way reproduce or circumvent the navigational structure or presentation of any of HITRUST’s Property to obtain any materials, including on a timesharingdocuments, software-as-a- service or other similar basisinformation through any means not purposely made available by HITRUST; (iii) share Access Credentials probe, scan, or otherwise allow access test the vulnerability of the Software, Services, or use the Cloud Service to provide any service bureau services Content, or any services on a similar basisnetwork connected thereto, or breach the security or authentication measures used to protect any Software, Services, or Content; (iv) use reverse look-up, trace, or seek to trace any information on any other User of the Cloud Service in a way not authorized in writing by Company Services or for owner of any unlawful purposeof the Content; (v) take any action that, in HITRUST’s sole judgment and discretion, imposes an unreasonable or disproportionately large load on the Software, Services, or any of HITRUST’s networks or systems or any networks or systems connected thereto; (vi) use any device, software, or routine to interfere with the proper working of HITRUST’s systems or networks or any transaction conducted thereon, or with any other person’s use of the Software, Services, or Content; (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Customer’s identity or the origin of any message or transmittal Customer sends to HITRUST; (viii) use any of HITRUST’s Property to harvest or collect email addresses or other information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and/or use any portion of the Software, Services, or Content without HITRUST’s express, separate, and prior written permission; (x) send to HITRUST or cause to be sent to HITRUST, or store on any computer that is used to access the Services, or use the Cloud Service Services to store or transmit transmit, any infringing, libelous, obscene, threatening, or otherwise unlawful or tortious material, or to store or transmit any material in violation of Third Party any third-party right, including but not limited to privacy rights; (vixi) attempt send to tamper with, alter, disable, overrideHITRUST or cause to be sent to HITRUST, or circumvent store on any securitycomputer that is used to access the Software, reliabilityor use the Services to store or transmit, integrity, accounting or other mechanism, restriction or requirement of the Cloud ServiceMalicious Code; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Cloud Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Cloud Service; (ixxii) interfere with or disrupt the integrity or performance of the Cloud Service Software, the Services, or the third-party data contained therein;(x) access or use the Cloud Service in order to replicate applications, products or services offered by Company and/or otherwise build a competitive product or service, copy any features, functions or graphics of the Cloud Service or monitor the availability and/or functionality of the Cloud Service for any benchmarking or competitive purposestherein; (xi) under any circumstances, through a Third Party application, a Subscriber application or otherwise, repackage or resell the Cloud Service, or any Company Content; (xii) store, manipulate, analyze, reformat, print, and display Company Content for personal use; and (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Cloud Service. Notwithstanding the foregoing restrictions, in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted attempt to use the Cloud Service to provide Third Party services in cases where such Third Parties access the Subscriber provided applications or services, but where such Third Parties do not have the ability to install, configure, manage or have direct gain unauthorized access to the Cloud Software, Services. Company hereby agrees, subject or Content, or its related systems or networks; (xiv) permit direct or indirect access to payment or use of the applicable feesSoftware, to permit such use and Services, or Content in a way that circumvents a contractual usage limit; (xv) copy the terms of this AgreementSoftware, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use“).the Services or any part, feature, function, or user interface thereof;

Appears in 1 contract

Sources: Subscription Agreement

Usage Restrictions. Subscriber agrees that it shall notCustomer undertakes not to, and shall not permit to allow any Account User or Third Party accessing by, through or at Subscriber directionUser a) make any Service available to, or on its behalf touse any Service for the benefit of, directly anyone other than Customer or indirectly: (iEnd-Users, unless expressly stated otherwise in an Order or the User Manual; b) modifysell, copyresell, create derivative works or attempt to derive the source code of the Cloud Service; (ii) assignlicense, sublicense, distribute distribute, make available, rent or otherwise make available the Cloud lease any Service, to include any Third Party, including on a timesharing, software-as-a- service or other similar basis; (iii) share Access Credentials or otherwise allow access or use the Cloud Service to provide any service bureau services or any services on a similar basis; (iv) use the Cloud Service in a way not authorized in writing by Company service bureau or for any unlawful purpose; (voutsourcing offering; c) use the Cloud a Service (or connected Third Party Application) to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third- party privacy rights; d) use a Service (or connected Third Party privacy rights; (viApplication) attempt to tamper with, alter, disable, override, store or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Cloud Service; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Cloud Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Cloud Service; (ixtransmit Malicious Code; e) interfere with or disrupt the integrity or performance of the Cloud any Service or the third-party data contained therein;(xtherein; f) attempt to gain unauthorized access to any Service or its related systems or networks; g) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit, or use any of Barco’s Services to access or use any of Barco’s intellectual property except as permitted under this Agreement, an Order or the Cloud User Manual; h) copy a Service or any part, feature, function or user interface thereof; i) frame or mirror any part of any Service, other than framing on Customer’s own intranets or otherwise for Customer’s own internal business purposes or as permitted in the User Manual; j) access any Service in order to replicate applications, products or services offered by Company and/or otherwise build a competitive product or serviceservice or for purposes of monitoring the availability, copy any features, functions performance or graphics of the Cloud Service or monitor the availability and/or functionality of the Cloud Service such Service, or for any other benchmarking or competitive purposes; ; k) reverse engineer any Service (xi) under to the extent such restriction is permitted by law), create derivative works based upon any circumstances, through a Third Party application, a Subscriber application or otherwise, repackage or resell the Cloud Service, or any Company Content; (xiipermit third parties to do the same; l) storemodify, manipulate, analyze, reformat, print, and display Company Content adapt or unbundle the component parts of ▇▇▇▇▇▇▇ for personal use; and (xiiiuse on different computer devices; m) upload or insert code, scripts, batch files or use the Services for any other form of scripting unauthorized purpose (off-label use); and n) use the Services outside the territory or coding into region where Customer obtained the Cloud Service. Notwithstanding the foregoing restrictions, Services from Barco or as otherwise stated in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to use the Cloud Service to provide Third Party services in cases where such Third Parties access the Subscriber provided applications or services, but where such Third Parties do not have the ability to install, configure, manage or have direct access to the Cloud Services. Company hereby agrees, subject to payment of the applicable fees, to permit such use and the terms of this Agreement, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use“)User Manual.

Appears in 1 contract

Sources: Master Services Agreement

Usage Restrictions. Subscriber agrees that it shall not, and shall not permit any Account User or Third Party accessing by, through or at Subscriber direction, or on its behalf to, directly or indirectly: (i) modify, copy, create derivative works or attempt to derive the source code of the Cloud Service; (ii) assign, sublicense, distribute or otherwise make available the Cloud Service, to any Third Party, including on a timesharing, software-as-a- a-service or other similar basis; (iii) share Access Credentials or otherwise allow access or use the Cloud Service to provide any service bureau services or any services on a similar basis; (iv) use the Cloud Service in a way not authorized in writing by Company or for any unlawful purpose; (v) use the Cloud Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of Third Party privacy rights; (vi) attempt to tamper with, alter, disable, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Cloud Service; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Cloud Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Cloud Service; (ix) interfere with or disrupt the integrity or performance of the Cloud Service or the data contained therein;(xtherein; (x) access or use the Cloud Service in order to replicate applications, products or services offered by Company and/or otherwise build a competitive product or service, copy any features, functions or graphics of the Cloud Service or monitor the availability and/or functionality of the Cloud Service for any benchmarking or competitive purposes; (xi) under any circumstances, through a Third Party application, a Subscriber application or otherwise, repackage or resell the Cloud Service, or any Company Content; (xii) store, manipulate, analyze, reformat, print, and display Company Content for personal use; and (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Cloud Service. Notwithstanding the foregoing restrictions, in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to use the Cloud Service to provide Third Party services in cases where such Third Parties access the Subscriber provided applications or services, but where such Third Parties do not have the ability to install, configure, manage or have direct access to the Cloud Services. Company hereby agrees, subject to payment of the applicable fees, to permit such use and the terms of this Agreement, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use“).;

Appears in 1 contract

Sources: Master Subscription Agreement