Fair Use Clause Samples
POPULAR SAMPLE Copied 144 times
Fair Use. For the avoidance of doubt, nothing in this Agreement shall restrict or limit either Party’s right to make any use of any term or trademark that constitutes fair use under Applicable Law or factual use for historical or reference purposes.
Fair Use. You acknowledge that the Services depend on finite resources shared amongst many customers. You agree not to use the Services excessively or unreasonably. Our Service Plans (found either at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇/pricing/ or as set out in Your Proposal) may or may not specify usage limitations as outlined in 6.3. The omission of any such limit does not imply a literally unlimited consumption allowance, even if the term “unlimited” is used by Us or others in describing any aspect of the Service Plans. Excessive consumption of the Services may be identified with reference to significant variations from the average consumption by comparable customers. If You are found to be consuming the Services excessively, We will contact You and work with you to remedy the situation. We may make recommendations regarding, for example, system design and configuration, user training, your internal support procedures. However, if heavy usage is expected to continue, we reserve the right to upgrade You to a more suitable Service Plan. You agree to make good faith efforts to remedy excessive consumption. If You have any doubt regarding your usage, please do not hesitate to contact Us.
Fair Use. Notwithstanding anything to the contrary in this Agreement, no term or provision of this Agreement shall be interpreted to limit or restrict the rights of Licensee and its Authorized Users, including Fair Use Rights, as provided by U.S. Copyright Act Sections 107 and 108 and other applicable intellectual property law. Notwithstanding anything to the contrary in this Agreement, Authorized Users shall not be restricted from extracting or using information contained in the Database for its municipal purposes, nonprofit educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis, if not engaged in for the purposes of commercial competition.
Fair Use. You acknowledge that the Services depend on finite resources shared amongst many customers. You agree not to use the Services excessively or unreasonably. Our Service Plans (found either at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇/pricing/ or as set out in Your Proposal) may or may not specify usage limitations as outlined in 6.3. The omission of any such limit does not imply a literally unlimited consumption allowance,
Fair Use. ▇▇▇▇▇▇▇▇ reserves the right to refuse a requested hire if the intended events or activities conducted might conflict with the operations of ▇▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇▇ Sport. Subletting of the facility is strictly forbidden and hosting competitions and tournaments is subject to the prior consent of ▇▇▇▇▇▇▇▇ (which will be given or withheld when the hire is requested). Users found engaging in unauthorised activities will be removed from the facility, their bookings cancelled, and no refund offered. The Hirer and/or ▇▇▇▇▇’s invitees may be banned from future facility hire for breaches of this condition.
Fair Use. Fair Use" for the purpose of the ▇▇▇▇ means to, in full or in parts, Use the Licensed Offerings to input, process, assess, analyze, edit, output and deliver data on the number of Devices, for the duration (the "Term") and according to the modalities expressly indicated in the specifications set out in Your Order and in the Documentation.
Fair Use. Notwithstanding anything in this Agreement to the contrary, Adient and its Affiliates may (a) use the ▇▇▇▇▇▇▇ Controls Marks at all times after the Effective Time (i) in a neutral, non-trademark use to describe the history of their business (including any nominations, awards or similar recognition received by such business); and (ii) as required or permitted by applicable Law, and (b) use the ▇▇▇▇▇▇▇ Controls Marks on (i) archival copies of legal documents, business correspondence and similar items; and (ii) hard copy corporate documents and other materials describing the operations of Adient and its Affiliates’ businesses; provided, that such materials shall not reasonably suggest or convey that Adient or its Affiliates is offering goods or services under the ▇▇▇▇▇▇▇ Controls Marks.
Fair Use a. Data Storage. Company may offer archiving plans that are described as including unlimited or uncapped storage. Company reserves the right to review usage of any “unlimited”/“uncapped” plans to ensure Fair Use and reserves the right to, at any time, take the actions noted in Section 3.4(c) below without notice to You. With regard to data storage, "Fair Use" means that the total amount of aggregated archiving content stored by a particular customer’s account (measured in terms of total GB of storage) does not substantially exceed, in Company’s reasonable judgment, the average total amount of storage of all other customers of the Services, as measured on a per user basis. Company will typically interpret the term “substantially exceed" to mean approximately four (4) times the average customer usage, but Company reserves the right to reasonably apply a different standard based on the relevant facts and circumstances applicable to a particular customer. Usage and associated charges for excess usage will be determined based solely upon Company’s collected usage information. Fair Use also prohibits any activities that result, directly or indirectly, in excessive usage of the Services, including, but not limited to, auto-dialing, continuous or extensive call forwarding, telemarketing, message blasting, transmitting broadcasts or recorded messages, or any activity that disrupts the activities of Company and/or other Company customers.
b. Data Exports. Company may offer You the ability to perform self-service exports, at no additional charge, of data stored within Your Account. Company reserves the right to set maximum daily export volumes and/or review export volumes to ensure Fair Use, and Company further reserves the right to, at any time, take the actions noted in Section 3.4(c) below without notice to You. With regard to data exports, "Fair Use" means that the total amount of aggregated archiving content exported by a particular customer’s account (measured in terms of total GB) does not substantially exceed, in Company’s reasonable judgment, the average amount of data exported by all other customers of the Services that are performing self-service data exports, as measured on a per user basis. Company will typically interpret the term “substantially exceed" to mean approximately four (4) times the average customer usage, but Company reserves the right to reasonably apply a different standard based on the relevant facts and circumstances applicable to a part...
Fair Use. Notwithstanding anything in this Agreement to the contrary, Vectrus and its Covered Affiliates may use the EXELIS Marks at all times after the Distribution Date (i) in a neutral, non-trademark use to describe the history of their business; or (ii) as required or permitted by applicable law.
Fair Use. 2.1 The Company’s services may be used to link into other networks worldwide; Use of these other networks shall conform to the acceptable use policies of these networks.
2.2 The Company’s services may only be used using Internet protocols and other standards specified by the Company.
2.3 Use may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks") including networks directly and indirectly connected to the Company.
2.4 Use that disproportionately reduces the capacity of the Company’s services is prohibited. Where a Company service has designed contention between users, use that interferes with the fair use of a contended service by others is prohibited. Use of IP multicast other than by means provided and coordinated by the Company is likewise prohibited.
2.5 Use that the Company, at its sole discretion, considers may be a precursor to a use that is prohibited. E.g. ‘port probing’ to ascertain the vulnerability of a system on the Internet is prohibited.
2.6 You are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, worm or other harmful program or that generates levels of traffic sufficient to impede others’ ability to send or retrieve information. Prohibited conduct under the clause includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features.