Common use of Customer Restrictions Clause in Contracts

Customer Restrictions. During the Term and thereafter, Customer shall not, and shall not permit any of its employees, contractors or Users to, directly or indirectly: (a) act as a reseller or distributor of, or a service bureau for, the Services or otherwise use, exploit, make available or encumber any of the Services to, or for the benefit of, any third party other than Customer’s Users; (b) use or demonstrate the Services in any way that is in competition with Covalent; (c) reverse engineer, disassemble or decompile the Covalent Services or attempt to derive the source code or underlying ideas or algorithms of any part of the Covalent Services (except to the limited extent applicable laws specifically prohibit such restriction); (d) remove any notice of proprietary rights from the Services; (e) copy, modify, translate or otherwise create derivative works of any part of the Services; (f) use the Services in a manner that interferes or attempt to interfere with the proper operation of the Services or any activities conducted on the Services, including bypassing or attempting to bypass any privacy settings or measures used to prevent or restrict access to the Services; (g) use manual or automated software, devices, robot, spider, or other processes to “crawl” or “spider” or to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from the Services in an unauthorized manner or reproduce or circumvent the navigational structure or presentation of the Services; (h) use the Services in a manner which interferes with or disrupt its integrity or performance; (i) use or allow the transmission, transfer, export, re-export or other transfer of any software, technology or information forming a part of the Services in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction; or (j) use the Services to share or store inappropriate materials, including (i) materials containing viruses or other harmful or malicious code; (ii) unsolicited mail (spam); (iii) copyrighted materials to which Customer does not have sufficient rights; (iv) harassing, tortious, or defamatory materials; or (v) other materials prohibited by applicable international, federal, state, or local laws and regulations.

Customer Restrictions. During the Term and thereafter, Customer shall notnot (i) modify, and shall not permit copy or create any of its employeesderivative works based on the Product’s features, contractors or Users tofunctions, directly or indirectly: integrations, user interfaces, and/or graphics; (aii) act as license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a reseller or distributor ofservice bureau, or a service bureau for, the Services or otherwise use, exploit, make available or encumber grant any of rights to the Products, Services to, or for the benefit of, Documentation to any third party party, other than Customer’s Usersto Authorized Users as permitted herein; (biii) use or demonstrate the Services in any way that is in competition with Covalent; (c) adapt, reverse engineer, disassemble or decompile the Covalent Services or attempt to derive the source code or underlying ideas or algorithms of any part of the Covalent Services (except to the limited extent applicable laws specifically prohibit such restriction); (d) remove any notice of proprietary rights from the Services; (e) copyunlock, modifydisassemble, translate or otherwise create derivative works of any part of the Services; (f) use the Services in a manner that interferes or attempt to interfere with the proper operation of the Services or any activities conducted on the Servicesdecompile, including bypassing or attempting to bypass any privacy settings or measures used to prevent or restrict access to the Services; (g) use manual or automated software, devices, robot, spider, or other processes to “crawl” or “spider” or to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from the Services in an unauthorized manner or reproduce or circumvent the navigational structure or presentation decode any portion of the Services; (h) use Product or attempt to access the Services in a manner which interferes with or disrupt its integrity or performance; (i) use or allow the transmission, transfer, export, re-export or other transfer source code of any softwareProduct, technology or information forming a part of except to the Services in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction; or (j) use the Services to share or store inappropriate materials, including (i) materials containing viruses or other harmful or malicious code; (ii) unsolicited mail (spam); (iii) copyrighted materials to which Customer does not have sufficient rightsextent explicitly permitted by Applicable Law; (iv) harassingaccess the Service, tortiousDocumentation or Deliverables in order to build or assist others to build or enhance any competitive product or service, whether or defamatory materialsnot such competitive products or services are meant for internal use or commercial sale; or (v) other materials prohibited by applicable internationaluse the Products or Services to store or transmit infringing, federal, statelibelous, or local laws otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (vi) interfere with or disrupt the integrity or performance of any Products or Services; (vii) introduce malicious code in the Products, Services, Hosting Servers, networks, or other computing resources of Uniphore or any other third party or upload any information or data which negatively impacts the Products or Services or otherwise tamper with the security features of the Products or Services; (viii) remove Uniphore’s proprietary rights notices; (ix) publish benchmarks or performance information about the Products and/or Services. Customer agrees that it will use the Products and/or Services strictly in accordance with the terms of this Agreement and regulationsApplicable Law and that any breach of this Section 2 shall constitute a material breach of the Agreement. Customer acknowledges that certain components of the Products are owned by Uniphore’s partners and licensed to Uniphore subject to certain licensing terms between Uniphore and such partner; such components are sublicensed to Customer subject to the license terms applicable to such components.

Customer Restrictions. During the Term and thereafter, The Customer shall will not, and shall not permit any of its employees, contractors or Users to, directly or indirectly: (a) act as a reseller make the FRY Service or distributor ofContent available to anyone other than Customer, Affiliates or Users, or a service bureau for, use the Services FRY Service or otherwise use, exploit, make available or encumber any of the Services to, or Content for the benefit of, any third party of anyone other than Customer’s UsersCustomer or its Affiliates unless expressly stated otherwise in an Order Form; unless permitted by applicable law; (b) directly or indirectly reverse engineer, decompile, disassemble the FRY Services, FRY Software or any other software, documentation or data related to access and use or demonstrate of the Services in any way that is in competition with CovalentFRY Services; (c) reverse engineersell, disassemble resell, license, sublicense, distribute, make available, rent or decompile lease any FRY Service, or include any FRY Service in a service bureau or outsourcing offering; (d) use the Covalent FRY Services or Non- FRY Applications to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of any third party privacy rights; (e) use the FRY Services or Non- FRY Applications to store or transmit any Malware; (f) interfere with or disrupt the integrity or performance of any FRY Services or third party data contained therein; (g) attempt to derive gain any unauthorised access to the source code FRY Services or underlying ideas its related systems and/or networks; (h) modify, translate, or algorithms of create derivative works based on the FRY Services or any part of the Covalent Services FRY Software (except to the limited extent applicable laws specifically prohibit such restriction); (d) remove any notice of proprietary rights from the Services; (e) copy, modify, translate or otherwise create derivative works of any part of the Services; (f) use the Services in a manner that interferes or attempt to interfere with the proper operation of the Services or any activities conducted on the Services, including bypassing or attempting to bypass any privacy settings or measures used to prevent or restrict access to the Services; (g) use manual or automated software, devices, robot, spider, or other processes to “crawl” or “spider” or to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from the Services expressly permitted by FRY in an unauthorized manner or reproduce or circumvent the navigational structure or presentation of the Services; (h) use the Services in a manner which interferes with or disrupt its integrity or performanceOrder Form); (i) remove any proprietary notices or labels. With respect to any FRY Software that is distributed or provided to the Customer for use on the Customer premises or allow devices, FRY hereby grants the transmissionCustomer a non-exclusive, transfernon-transferable, export, renon-export or other transfer of any software, technology or information forming a part of sublicensable license to use such FRY Software only in connection with the FRY Services in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction; or (j) use the Services to share or store inappropriate materials, including (i) materials containing viruses or other harmful or malicious code; (ii) unsolicited mail (spam); (iii) copyrighted materials to which Customer does not have sufficient rights; (iv) harassing, tortious, or defamatory materials; or (v) other materials prohibited by applicable international, federal, state, or local laws and regulationsthis Agreement.

Customer Restrictions. During the Term and thereafter, 4.1. Customer shall not, and shall not attempt to, or permit any of its employees, contractors or Users third party (including any Authorized User) to, directly or indirectly: : (a) act access or use the Cloud Service and/or Documentation in any manner except as a reseller or distributor of, or a service bureau for, the Services or otherwise use, exploit, make available or encumber any of the Services to, or for the benefit of, any third party other than Customer’s Users; expressly permitted in this Agreement; (b) use copy or demonstrate create derivative works of the Services in Cloud Service and/or Documentation, or transfer, sell, rent, lease, lend, distribute, resell, sublicense, market, assign, publish, download, disclose or otherwise make available any way that is in competition with Covalent; part of the Cloud Service (including Cloud Service Credits) and/or Documentation to any third party; (c) circumvent, interfere with or endanger the operation or security of the Cloud Service and/or Documentation, including any measures designed to monitor or prevent use of the Cloud Service in contravention of this Agreement; (d) conduct penetration or performance tests of the Cloud Service; (e) access or use the Cloud Service to provide services to third parties (such as for time-sharing services, service bureau services or as part of an application services provider or as a service offering primarily designed to offer the functionality of the Cloud Service); (f) access or use the Cloud Service and/or Documentation for the purposes of benchmarking or competitive analysis of the Cloud Service, or developing, using, providing, or supporting products or services competitive to Couchbase; (g) alter, modify, adapt, translate, enhance, reverse engineer, disassemble disassemble, decompile or decompile prepare any derivative work from or of the Covalent Services Cloud Service or Documentation, or otherwise derive or determine or attempt to derive or determine the source code or underlying ideas other proprietary information or algorithms of any part of the Covalent Services (except to the limited extent applicable laws specifically prohibit such restriction); (d) remove any notice of proprietary rights trade secrets from the Services; (e) copy, modify, translate Cloud Service or otherwise create derivative works of any part of the Services; (f) use the Services in a manner that interferes or attempt to interfere with the proper operation of the Services or any activities conducted on the Services, including bypassing or attempting to bypass any privacy settings or measures used to prevent or restrict access to the Services; (g) use manual or automated software, devices, robot, spider, or other processes to “crawl” or “spider” or to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from the Services in an unauthorized manner or reproduce or circumvent the navigational structure or presentation of the Services; Documentation; (h) use remove, delete, efface, obscure or otherwise alter any Couchbase proprietary notices, trademarks, warranties or disclaimers in or relating to the Services in a manner which interferes with Cloud Service or disrupt its integrity or performance; (i) use or allow the transmission, transfer, export, re-export or other transfer of any software, technology or information forming a part of the Services in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction; or (j) use the Services to share or store inappropriate materials, includingDocumentation; (i) materials containing viruses access or use the Cloud Service or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other harmful rights of any person or malicious codeentity, or that violates any applicable law, including the disclosure or transmission of content or data contained in the Cloud Service or Documentation in such a manner or for such a purpose; (ii) unsolicited mail (spam);or (iiij) copyrighted materials revoke or otherwise limit Couchbase’s access to which Customer does not have sufficient rights; the Customers Cloud Environment (ivincluding any Cluster(s)) harassing, tortious, or defamatory materials; do anything else to limit Couchbase’s ability to monitor Customer’s Cluster(s) or (v) other materials prohibited by applicable international, federal, state, or local laws and regulationsotherwise provide the Cloud Service.