Common use of Covenants and Representations Clause in Contracts

Covenants and Representations. Partner: (a) shall abide by the terms and conditions of, perform its obligations under, and meet the requirements set forth in, this Agreement, (b) shall not (i) disassemble, decompile or reverse engineer any of the Products, or otherwise attempt to discover any source code, structure, algorithms, sequence, organization or ideas underlying any of the Products (except where the foregoing is expressly prohibited by applicable local law, and then only to the extent so prohibited), (ii) sublicense, rent, lease, use for timesharing or service bureau purposes for third parties or otherwise provide temporary access to any Product or use any Product for the benefit of any third party, (iii) take any action contrary to any of the terms and restrictions in this Agreement, (iv) copy, modify or create derivative works of any of the Products, (v) publish or disclose any information or results relating to performance, performance comparisons or other “benchmarking” activities relating to any Product, (vi) obscure, alter, remove, or destroy any proprietary markings, restrictive legends, or intellectual property notices on any Product, (vii) access or use any Product for purposes of designing or developing a competing product or service, or (viii) authorize or permit any other person or entity to, directly or indirectly, do any of the foregoing, (c) shall comply with good business practices and all Applicable Laws relevant to this Agreement, including all laws and regulations that relate to Partner’s activities hereunder (including obtaining and maintaining any registrations or approvals required by Applicable Law), (d) represents and warrants that neither this Agreement nor the performance of any obligations or exercise of any rights under this Agreement is restricted by, in conflict with, ineffective under, requires registration or approval or tax withholding under, or affects Riverbed’s proprietary rights under, or will require any termination payment or compulsory licensing under, any Applicable Law of any country, group of countries or other governmental entity, (e) acknowledges and agrees that (i) any Software is not sold, but rather is licensed (without rights to sublicense) pursuant to the ▇▇▇▇ solely for the End User’s internal business use and in all cases strictly in accordance with the accompanying documentation and any other use restrictions applicable for that Product (including the terms and conditions set forth at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇_▇▇▇_▇▇▇▇▇▇, as may be updated by Riverbed from time to time), and (ii) Riverbed and its suppliers retain all right, title and interest in and/or relating to the Software, and no other rights or licenses, whether express or implied, are granted, (f) shall distribute Products subject to the ▇▇▇▇ and, where required by Riverbed, designate, at the time of sale by Partner, Products and/or Services as spares or under any other use restrictions or designations designated by Riverbed to Partner, and (g) acknowledges and agrees that no rights or licenses are granted to Partner under this Agreement except as expressly provided herein. Partner shall not distribute any Products or Services under terms that are less protective of Riverbed, its licensors, its suppliers, the Products and/or the Services than the terms in this Agreement and the ▇▇▇▇. The Products are protected by the intellectual property laws (including copyright laws) of the United States, foreign jurisdictions and all applicable international treaties.

Covenants and Representations. Partner: (a) shall abide by the terms and conditions of, perform its obligations under, and meet the requirements set forth in, this Agreement, (b) shall not (i) disassemble, decompile or reverse engineer any of the Products, or otherwise attempt to discover any source code, structure, algorithms, sequence, organization or ideas underlying any of the Products (except where the foregoing is expressly prohibited by applicable local law, and then only to the extent so prohibited), (ii) sublicense, rent, lease, use for timesharing or service bureau purposes for third parties or otherwise provide temporary access to any Product or use any Product for the benefit of any third party, (iii) take any action contrary to any of the terms and restrictions in this Agreement, (iv) copy, modify or create derivative works of any of the Products, (v) publish or disclose any information or results relating to performance, performance comparisons or other “benchmarking” activities relating to any Product, (vi) obscure, alter, remove, or destroy any proprietary markings, restrictive legends, or intellectual property notices on any Product, (vii) access or use any Product for purposes of designing or developing a competing product or service, or (viii) authorize or permit any other person or entity to, directly or indirectly, do any of the foregoing, (c) shall comply with good business practices and all Applicable Laws relevant to this Agreement, including all laws and regulations that relate to Partner’s activities hereunder (including obtaining and maintaining any registrations or approvals required by Applicable Law), (d) represents and warrants that neither this Agreement nor the performance of any obligations or exercise of any rights under this Agreement is restricted by, in conflict with, ineffective under, requires registration or approval or tax withholding under, or affects Riverbed’s proprietary rights under, or will require any termination payment or compulsory licensing under, any Applicable Law of any country, group of countries or other governmental entity, (e) acknowledges and agrees that (i) any Software is and Cloud Services are not sold, but rather is are licensed (without rights to sublicense) pursuant to the ▇▇▇▇ solely for the End User’s internal business use and in all cases strictly in accordance with the accompanying documentation and any other use restrictions applicable for that Product (including the terms and conditions set forth at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇_▇▇▇_▇▇▇▇▇▇, as may be updated by Riverbed from time to time), and (ii) Riverbed and its suppliers retain all right, title and interest in and/or relating to the SoftwareSoftware and Cloud Services, and no other rights or licenses, whether express or implied, are granted, (f) shall distribute Products subject to the ▇▇▇▇ and, where required by Riverbed, designate, at the time of sale by Partner, Products and/or Services as spares or under any other use restrictions or designations designated by Riverbed to Partner, and (g) acknowledges and agrees that no rights or licenses are granted to Partner under this Agreement except as expressly provided herein. Partner shall not distribute any Products or Services under terms that are less protective of Riverbed, its licensors, its suppliers, the Products and/or the Services than the terms in this Agreement and the ▇▇▇▇. The Products are protected by the intellectual property laws (including copyright laws) of the United States, foreign jurisdictions and all applicable international treaties.

Covenants and Representations. Partner: (a) shall abide by the terms and conditions of, perform its obligations under, and meet the requirements set forth in, this Agreement, (b) shall not (i) disassemble, decompile or reverse engineer any of the Products, or otherwise attempt to discover any source code, structure, algorithms, sequence, organization or ideas underlying any of the Products (except where the foregoing is expressly prohibited by applicable local law, and then only to the extent so prohibited), (ii) sublicense, rent, lease, use for timesharing or service bureau purposes for third parties or otherwise provide temporary access to any Product or use any Product for the benefit of any third party, (iii) take any action contrary to any of the terms and restrictions in this Agreement, (iv) copy, modify or create derivative works of any of the Products, (v) publish or disclose any information or results relating to performance, performance comparisons or other “benchmarking” activities relating to any Product, (vi) obscure, alter, remove, or destroy any proprietary markings, restrictive legends, or intellectual property notices on any Product, (vii) access or use any Product for purposes of designing or developing a competing product or service, or (viii) authorize or permit any other person or entity to, directly or indirectly, do any of the foregoing, (c) shall comply with good business practices and all Applicable Laws relevant to this Agreement, including all laws and regulations that relate to Partner’s activities hereunder (including obtaining and maintaining any registrations or approvals required by Applicable Law), (d) represents and warrants that neither this Agreement nor the performance of any obligations or exercise of any rights under this Agreement is restricted by, in conflict with, ineffective under, requires registration or approval or tax withholding under, or affects Riverbed’s proprietary rights under, or will require any termination payment or compulsory licensing under, any Applicable Law of any country, group of countries or other governmental entity, (e) acknowledges and agrees that (i) any Software is and Cloud Services are not sold, but rather is are licensed (without rights to sublicense) pursuant to the ▇▇▇▇ General Terms solely for the End User’s internal business use and in all cases strictly in accordance with the accompanying documentation and any other use restrictions applicable for that Product (including the terms and conditions set forth at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇_▇▇▇_▇▇▇▇▇▇, as may be updated by Riverbed from time to time), and (ii) Riverbed and its suppliers retain all right, title and interest in and/or relating to the SoftwareSoftware and Cloud Services, and no other rights or licenses, whether express or implied, are granted, (f) shall distribute Products subject to the ▇▇▇▇ General Terms and, where required by Riverbed, designate, at the time of sale by Partner, Products and/or Services as spares or under any other use restrictions or designations designated by Riverbed to Partner, and (g) acknowledges and agrees that no rights or licenses are granted to Partner under this Agreement except as expressly provided herein. Partner shall not distribute any Products or Services under terms that are less protective of Riverbed, its licensors, its suppliers, the Products and/or the Services than the terms in this Agreement and the ▇▇▇▇General Terms. The Products are protected by the intellectual property laws (including copyright laws) of the United States, foreign jurisdictions and all applicable international treaties.