Common use of You undertake Clause in Contracts

You undertake. (a) not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or Documentation in accordance with condition 1.2 above; (b) not to rent, lease, lend, sub-license or in any way distribute or transfer any rights granted to you under this License, or the Software or Documentation in any form, in whole or in part, to any person; (c) not to modify, adapt translate or create derivative works of the Software or Documentation, (except and only to the extent that the foregoing restriction is prohibited by applicable law, and then only in accordance with applicable law); (d) that, unless this limitation is prohibited by applicable law, you will not and will not attempt to, or allow any third party to (or make the Software available to any third party so that such party is able to), reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software or otherwise derive source code of the Software ("Reverse Engineer" the Software). If applicable law grants you the right to Reverse Engineer the Software notwithstanding this limitation and to the extent that the following is permitted by applicable law, you must provide Align with: (i) written notice of your intention to Reverse Engineer, and (ii) information sufficient regarding your intended method of Reverse Engineering, its purpose and the legal authority for such activity, and you must afford Align a reasonable period of time before initiating such activity in order for Align to evaluate the activity and take steps to obviate the need for you to Reverse Engineer the Software in accordance with applicable law or challenge the Reverse Engineering activity with the appropriate legal authorities. Steps that Align might take to obviate the need for you to Reverse Engineer the Software could include, at ▇▇▇▇▇'s option, providing you with information essential to achieve inter-operability of the Software with another software program ("Interoperability Information") for a reasonable fee (which in any event will not exceed the actual costs incurred by such reverse engineering activities) and on reasonable terms. You must refrain from such Reverse Engineering activity until such time as any legal challenge is resolved in your favor. If we provide you with Interoperability Information: (iii) you must use (and procure that your Permitted Employees use) that Interoperability Information only for the purpose of achieving inter-operability of the Software with another software program; (iv) you must not (and you must procure that your Permitted Employees do not) disclose or communicate that Interoperability Information without our prior written consent to any third party to whom it is not necessary to disclose or communicate it for the purpose of achieving interoperability; and (v) you must not use that Interoperability Information to create any software which is substantially similar to the Software. (e) not to modify, adapt, translate, or create derivative works of the Software (except and only to the extent that the foregoing restriction is prohibited by applicable law, and then only in accordance with applicable law). (f) not to use the Software for any unlawful purpose or in any way that interrupts, damages or impairs the Software, nor to transmit or upload to Align Storage System any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm Align or any other person and not to use the Software maliciously or for any malicious purpose, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software or any operating system or platform. (g) to ensure that Permitted Employees use the Software strictly in accordance with this Agreement and the Documentation; and (h) not to remove our copyright, patent or other proprietary notices from the Software and/or Documentation; (i) only to use the Software in connection with the the iTero Scanner, and with respect to the iTero Element Flex scanner, the hardware, including the Laptop, meeting at least the specifications provided in Section 6.

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement

You undertake. (a) not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or Documentation in accordance with condition 1.2 abovePermitted Use; (b) not to rent, lease, lendlicense, sub-license or in any way distribute or transfer any rights granted to you under this LicenseAgreement, or the Software or Documentation in any form, in whole or in part, to any person; (c) not to modify, adapt translate or create derivative works of the Software or Documentation, (except and only to the extent that the foregoing restriction is prohibited by applicable law, and then only in accordance with applicable law); (d) that, unless this limitation is prohibited by applicable law, you will not and will not attempt to, or allow any third party to (or make the Software available to any third party so that such party is able to), reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software or otherwise derive source code of the Software ("Reverse Engineer" the Software). If applicable law grants you the right to Reverse Engineer the Software notwithstanding this limitation and to the extent that the following is permitted by applicable law, you must provide Align with: (i) with a prior written notice of your intention to Reverse Engineer, and (ii) and information sufficient regarding detailing your intended method of Reverse Engineering, its purpose and the legal authority for such activity, and you must afford Align a reasonable period of time before initiating such Reverse Engineering activity in order for Align to evaluate the such activity and take steps to obviate the need for you to Reverse Engineer the Software in accordance with applicable law or challenge the Reverse Engineering activity with the appropriate legal authorities. Steps that Align might take to obviate the need for you to Reverse Engineer the Software could include, at ▇▇▇▇▇'s option, providing you with information essential to achieve inter-inter- operability of the Software with another software program ("Interoperability Information") for a reasonable fee (which in any event will not exceed the actual costs incurred by such reverse engineering activities) and on reasonable terms. You must refrain from such Reverse Engineering activity until such time as any legal challenge is resolved in your favor. If To the extent permitted by applicable law, if we provide you with Interoperability Information: (iiii) you must use (and procure that your Permitted Employees use) that Interoperability Information only for the purpose of achieving inter-operability of the Software with another software program; (ivii) you must not (and you must procure that your Permitted Employees do not) disclose or communicate that Interoperability Information without our prior written consent to any third party to whom it is not necessary to disclose or communicate it for the purpose of achieving interoperability; and (viii) you must not use that Interoperability Information to create any software which is substantially similar to the Software. (e) not to modify, adapt, translate, or create derivative works of the Software (except and only to the extent that the foregoing restriction is prohibited by applicable law, and then only in accordance with applicable law). (f) not to use the Software for any unlawful purpose or in any way that interrupts, damages or impairs the Software, nor to transmit or upload to Align Storage System any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm Align or any other person and not to use the Software maliciously or for any malicious purpose, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software or any operating system or platform. (gf) to ensure that Permitted Employees use the Software strictly in accordance with this Agreement and the Documentation; andPermitted Use; (hg) not to remove our copyright, patent or other proprietary notices from the Software and/or Documentation;; and (ih) only to use the Software in connection with the the iTero Scanner, and with respect to the iTero Element Flex scanner, the hardware, including . (i) guarantee that the Laptop, meeting at least if applicable, shall meet the specifications provided as required by Align in Section 6writing at all times.

Appears in 1 contract

Sources: End User License Agreement