Authorization Limitations and Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Services or Provider Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: (a) copy, modify or create derivative works or improvements of the Services or Provider Materials, excluding Web Data; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Provider Materials, excluding Web Data, to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part; (d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through the use of his or her own then valid Access Credentials; (e) input, upload, transmit or otherwise provide to or through the Services or Provider Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code; (f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider Systems or Provider’s provision of services to any third party, in whole or in part; (g) remove, delete, alter or obscure any trademarks, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or Provider Materials, including any copy thereof; (h) access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer), or that violates any applicable Law; (i) access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider’s detriment or commercial disadvantage; or (j) otherwise access or use the Services or Provider Materials beyond the scope of the authorization granted under Section 3.1.
Appears in 1 contract
Authorization Limitations and Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Services Services, Provider Materials, or Provider Third-Party Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits:
: (a) copy, modify or create derivative works or improvements of the Services or Provider Materials, excluding Web Data;
; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Provider Materials, excluding Web Data, Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, Provider Materials, or Third-Party Materials, in whole or in part;
; (d) bypass or breach any security device or protection used by the Services Services, Provider Materials, or Provider Third-Party Materials or access or use the Services Services, Provider Materials, or Provider Third-Party Materials other than by an Authorized User through the use of his or her own then valid Access Credentials;
; (e) input, upload, transmit or otherwise provide to or through the Services or Services, Provider Systems, or Third-Party Materials, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
; (f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider Systems Systems, Third-Party Materials or Provider’s provision of services to any third party, in whole or in part;
; (g) remove, delete, alter or obscure any trademarks, specifications, Documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services Services, Provider Materials, or Provider Third-Party Materials, including any copy thereof;
; (h) access or use the Services for purposes of monitoring their availability, performance or Provider Materials in any manner functionality, or for any purpose that infringes, misappropriates other benchmarking or otherwise violates any Intellectual Property Right competitive purposes; or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer), or that violates any applicable Law;
(i) access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider’s detriment or commercial disadvantage; or
(j) otherwise access or use the Services or Provider Materials beyond the scope of the authorization granted under Section 3.1this Agreement.
Appears in 1 contract
Sources: Master Subscription Agreement
Authorization Limitations and Restrictions. Customer shall not, and shall not permit any other Person person to, access or use the Services or Provider Materials except as expressly permitted by this AgreementAgreement and, in the case of third-party materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits:
(a) copy, modify or create derivative works or improvements of the Services or Provider Materials, excluding Web DataServices;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Provider Materials, excluding Web Data, to any Personperson, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through the use of his or her own then valid Access Credentialsaccess credentials;
(e) input, upload, transmit or otherwise provide to or through the Services or Provider SystemsCUE Audio Platform, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Codeharmful code;
(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider Systems the CUE Audio Platform or ProviderCUE Audio’s provision of services to any third party, in whole or in part;
(g) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or Provider MaterialsServices, including any copy thereof;
(h) access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer), or that violates any applicable Lawlaw;
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(j) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights;
(k) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(l) attempt to gain unauthorized access to the Service or its related systems or networks;
(m) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(n) use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, the CUE Audio Platform, or which, as determined by CUE Audio, may harm CUE Audio or users of the CUE Audio Platform or Services or expose them to liability;
(p) use any device, software or routine that interferes with the proper working of the Services or the CUE Audio Platform;
(q) access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider MaterialsServices, the development, provision or use of a competing software service or product or any other purpose that is to the ProviderCUE Audio’s detriment or commercial disadvantage; or
(jr) otherwise access or use the Services or Provider Materials beyond the scope of the authorization granted under Section 3.1this Agreement.
Appears in 1 contract
Sources: Terms of Service
Authorization Limitations and Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Services or Provider Materials except as expressly permitted by this Agreement. For purposes Agreement and, in the case of clarity and without limiting Third-Party Materials, the generality of the foregoing, Customer shall not, except as this Agreement expressly permits:applicable third-party license agreement.
(a) copy, modify or create derivative works or improvements of the Services or Provider Materials, excluding Web Data;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Provider Materials, excluding Web Data, Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the ServicesServices or Provider Materials, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through the use of his or her own then then-valid Access Credentials;
(e) input, upload, transmit or otherwise provide to or through the Services or Provider Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider Systems or Provider’s provision of services to any third party, in whole or in part;
(g) remove, delete, alter or obscure any trademarks, Specifications, Documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or Provider Materials, including any copy thereof;
(h) access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer)party, or that violates any applicable Law;
(i) access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider’s detriment or commercial disadvantage; or
(j) otherwise access or use the Services or Provider Materials beyond the scope of the authorization granted under Section 3.13.1 hereto.
Appears in 1 contract
Authorization Limitations and Restrictions. Customer shall not, and shall not permit any other Person person to, access or use the Services or Provider Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as may be allowed by any Applicable Law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement expressly permitsAgreement:
(a) attempt to copy, modify modify, duplicate or create derivative works from, create improvements of, frame, mirror, republish, download, display, transmit or improvements distribute all or any portion of the Services and/or the Documentation in any form or Provider Materials, excluding Web Datamedia or by any means;
(b) rent, lease, lend, sell, sublicense, assign, distribute, display, disclose, publish, transfer or otherwise commercially exploit, or otherwise make available any Services or Provider Materials, excluding Web Data, and/or the Documentation to any Personthird party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code Source Code of any Software comprised in the Services, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through using only the use of his or her own then valid Access Credentialsaccess credentials specifically allocated to that Authorized User;
(e) input, upload, transmit or otherwise provide to or through the Services or Provider the Hudl Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Codeharmful code;
(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider the Hudl Systems or ProviderHudl’s provision of services to any third party, in whole or in part;
(g) remove, delete, alter or obscure any trademarks, warranties trade marks or disclaimers, or any copyright, trademarktrade ▇▇▇▇, patent or other intellectual property or proprietary rights notices from any Services Services, the Documentation or Provider Materialsany other Hudl materials, including any copy thereof;; or
(h) access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer)party, or that violates any applicable Applicable Law;
(i) access or . Notwithstanding anything in the foregoing to the contrary, the parties agree that Customer shall be permitted to use the Services or Provider Materials in conjunction with certain third-party software that Customer may use from time to time, solely for its internal purposes and in accordance with the terms of competitive analysis of the Services or Provider Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider’s detriment or commercial disadvantage; or
(j) otherwise access or use the Services or Provider Materials beyond the scope of the authorization granted under Section 3.1this Agreement.
Appears in 1 contract
Sources: Software Services Agreement
Authorization Limitations and Restrictions. Customer shall not, Customers and shall not permit any other Person to, Users’ access or to and use the Services or Provider Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Software and any Company Materials is subject to the restrictions in this Section 2.5. Customer or its Users shall not, except as this the Agreement expressly permits:
: (ai) copy, modify or create derivative works or improvements of the Services Software or Provider Company Materials, excluding Web Data;
or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Software or Company Materials to any third party; (bii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services Software or Provider Materials, excluding Web Data, Company Materials to any Personthird party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
; (ciii) reverse reverse-engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole Software or in part;
Company Materials; (d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through the use of his or her own then valid Access Credentials;
(eiv) input, upload, transmit or otherwise provide to or through the Services Software or Provider SystemsCompany Materials, any information or materials that are is: (1) unlawful or injurious, libelous, threatening, obscene or would violate the copyright or other intellectual property right or privacy right of any person, or (2) contain, transmit or activate any Harmful Code;
virus, worm, malware or other malicious computer code; or (fv) access or use the Software or Company Materials in any manner or for any purpose that is not expressly specified hereunder or that violates any applicable law; (v) bypass or breach any security device or protection used by the Software or Company Materials or access or use the Software or Company Materials other than by an User through the use of his or her own then valid access credentials; (vi) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider Systems Software or Provider’s Company Materials or Company's provision of services to any third party, in whole or in part;
; (gvii) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or Provider Company Materials, including any copy thereof;
; or (hviii) access or use the Services Software or Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer), or that violates any applicable Law;
(i) access or use the Services or Provider Company Materials for purposes of competitive analysis of the Services Software or Provider Company Materials, the development, provision or use of a competing software service or product or any other purpose that is to the ProviderCompany’s detriment or commercial disadvantage; or
(j) otherwise access or use the Services or Provider Materials beyond the scope . Customer acknowledges that a violation of this Section 2.5 shall be deemed a material breach of the authorization granted under Section 3.1Agreement.
Appears in 1 contract
Authorization Limitations and Restrictions. Customer Subscriber shall not, and shall not permit any other Person person or entity to, access or use the Services or Provider Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer Subscriber shall not, except as this Agreement expressly permits:
(a) : copy, modify or create derivative works or improvements of the Services or Provider Materials, excluding Web Data;
(b) Services; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Provider Materials, excluding Web Data, to any Personother person or entity, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) ; reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part;
(d) ; bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized a System User through the use of his or her own then then-valid Access Credentials;
(e) Credentials as issued by the appropriate Account Administrator for the relevant domain; input, upload, transmit or otherwise provide to or through the Services or Provider SystemsServices, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
(f) ; damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider Systems or Provider’s provision of services to any third party, in whole or in part;
(g) ; remove, delete, alter or obscure any trademarks, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or Provider MaterialsServices, including any copy thereof;
(h) ; access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer)party, or that violates any applicable Law;
(i) ; access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider Materialsor, the development, provision or use of a competing software service or product or any other purpose that is to the ProviderCircadiance’s detriment or commercial disadvantage; or
(j) or otherwise access or use the Services or Provider Materials beyond the scope of the authorization granted under Section 3.1this Agreement.
Appears in 1 contract
Sources: Software Subscription Agreement