Common use of Access to and Use of the Service Clause in Contracts

Access to and Use of the Service. Subject to your ongoing compliance with these Terms and eligibility to use the Services, you are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, “as is” right to access and use, copy, and distribute in connection with such use the Service or Site. Certain aspects of the Service may be provided to you under a separate license, such as the MIT License or another open-source license. You understand and agree that you fully adhere to these separate terms of any such separate license. If there are any conflicts or inconsistencies between the license granted to you in these Terms and any separate license, the separate license will prevail with respect to the aspect of the Service that is the subject of the separate license. Except as provided in this Section 5.2, you obtain no rights under this Agreement from us, our affiliates, or our licensors to the Service or Content, including any related intellectual property rights. We reserve all rights not expressly granted hereunder in and to the Service and all components thereof, including without limitation, the Site, the App, the Content, and the Marks. Except as expressly authorized, neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Service (except to the extent Content included in the Service is provided to you under a separate license that expressly permits the creation of derivative works); (b) reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive the source code of any software included in the Service (except to the extent applicable law does not allow this restriction); (c) access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas; (d) use scraping techniques to mine or otherwise scrape data except as permitted by us in writing; or (e) resell or sublicense the Service unless otherwise agreed in writing. You will not use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement. Your linking to, or your framing of this Site or any of its contents constitutes acceptance of these Terms, even after any changes or modifications to these Terms are published. Furthermore, you may only link to our Site or any of its contents in a fair and legal manner that does not damage our reputation or otherwise exploit or take advantage of it. If you do not accept these Terms, you must discontinue linking to or framing this Site or any of its contents herein. Sky ▇▇▇▇▇ is not affiliated or associated with, and therefore has no liability towards any trademarks, logos, or any other intellectual property or devices used or appearing on sites that link to this Site or any of its contents.

Appears in 1 contract

Sources: Terms of Use

Access to and Use of the Service. Subject o We will provide you with access to your ongoing compliance and use of the Service in accordance with these Terms this Agreement from the Effective Date until termination of this Agreement in accordance with Section 6 or otherwise as provide for under this Agreement. o You have the limited right from the Effective Date until the termination of this Agreement in accordance with Section 6 to access and eligibility to use the ServicesService for Your internal business or private purposes. Without limiting the foregoing, you are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, “as is” Your right to access and use, copy, and distribute in connection with such use the Service or Site. Certain aspects of API is also subject to the Service may be provided restrictions and policies implemented by Us from time to you under a separate license, such as the MIT License or another open-source license. You understand and agree that you fully adhere to these separate terms of any such separate license. If there are any conflicts or inconsistencies between the license granted to you in these Terms and any separate license, the separate license will prevail time with respect to the aspect of API as set forth in the Documentation or otherwise communicated to You in writing. o You are responsible for determining whether the Service that or the information generated thereby is accurate or sufficient for Your purposes. o You agree not to: ▪ license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the subject Service available to any third party, other than Users in furtherance of Your internal business purposes as expressly permitted by this Agreement; ▪ use the separate license. Except as provided in this Section 5.2Service to Process data on behalf of any third party other than Users; ▪ modify, you obtain no rights under this Agreement from us, our affiliatesadapt, or our licensors hack the Service or otherwise attempt to gain unauthorized access to the Service or Contentrelated systems or networks; ▪ falsely state, infer or imply any sponsorship or association with Us or Our Affiliates; ▪ use the Service in an unlawful manner, including but not limited to violation of any related person’s privacy rights; ▪ use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; ▪ use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights. We reserve all rights not expressly granted hereunder in and to ; ▪ use the Service and all components thereof, including without limitation, in any manner that interferes with or disrupts the Site, integrity or performance of the App, the Content, and the Marks. Except as expressly authorized, neither you nor any End User will, or will Service and/or its components; ▪ attempt to (a) modifydecipher, distributedecompile, alter, tamper with, repair, reverse engineer or otherwise create derivative works of any Content included in the Service (except to the extent Content included in the Service is provided to you under a separate license that expressly permits the creation of derivative works); (b) reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive discover the source code of any software included in making up the Service; ▪ use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; ▪ use the Service to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (except to the extent applicable law does not allow this restrictionMalicious Software); (c) access ▪ use or attempt to use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas; (d) violation of this Agreement. o You are responsible for compliance with the provisions of this Agreement by Users and for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use scraping techniques to mine or otherwise scrape data except as permitted by us in writing; or (e) resell or sublicense of the Service unless otherwise agreed in writingto store and transmit Your Data is compliant with all applicable laws and regulations. o Access to and use of the Service is restricted to the specified number of individual Users permitted under Your Account. You agree and acknowledge that each User will be identified by a unique username and password (Login) and that a User Login may only be used by one individual natural person. You will not use Our Marks unless you obtain our prior written consentshare a User Login among multiple individuals. You will and Users are responsible for maintaining the confidentiality of all Login information for Your Account. o A high-speed Internet connection is required for proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service, including, but not misrepresent limited to, “browser” software that supports protocols used by Us, including Secure Socket Layer (SSL) protocol or embellish the relationship between us other protocols accepted by Us, and you to follow procedures for accessing services that support such protocols. o We are not responsible for notifying You or Users of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by expressing Us. We assume no responsibility for the reliability or implying that we supportperformance of any connections to the Service. o In addition to Our rights as set forth in Section 6.4, sponsorWe reserve the right, endorseat Our reasonable discretion, to temporarily suspend Your access to and use of the Service: ▪ during planned downtime for upgrades and maintenance to the Service (for which We will use commercially reasonable efforts to notify You of in advance) (Planned Downtime); ▪ during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the Internet), or contribute acts undertaken by third parties, including without limitation, distributed denial of service attacks; ▪ if We suspect or detect any Malicious Software connected to you Your Account or your business endeavors). use of the Service by You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement. Your linking to, or your framing of this Site or any of its contents constitutes acceptance of these Terms, even after any changes or modifications to these Terms are published. Furthermore, you may only link to our Site or any of its contents in a fair and legal manner that does not damage our reputation or otherwise exploit or take advantage of it. If you do not accept these Terms, you must discontinue linking to or framing this Site or any of its contents herein. Sky ▇▇▇▇▇ is not affiliated or associated with, and therefore has no liability towards any trademarks, logos, or any other intellectual property or devices used or appearing on sites that link to this Site or any of its contentsUsers.

Appears in 1 contract

Sources: Customer Agreement