Common use of Grant of License and Restrictions Clause in Contracts

Grant of License and Restrictions. Subject to the terms hereof and any applicable user/use limitations, SkySync grants Customer a personal, nonsublicensable, nonexclusive, right to access and use the licensed product(s) and/or service(s) set forth on the Order Form (collectively, the “Service” or “Services”) during the applicable Order Form Term (as defined below), subject to any limitations on the Order Form and only in accordance with SkySync’s applicable user documentation (the “Documentation”). As between the parties, SkySync retains sole ownership of all Software, Services and rights therein. Customer shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Service; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iv) use the Service for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (vi) use the Service to build an application or product that is competitive with any SkySync product or service; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (viii) bypass any measures SkySync may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service). Customer is responsible for all of Customer’s activity in connection with the Service, including but not limited to uploading Customer Data (as defined below) onto the Service, unless otherwise agreed by the parties in writing. Upon mutual execution, each Order Form shall be incorporated into and form a part of the Agreement. Customer (i) shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), and (ii) shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights. Customer shall not disclose results of any Services benchmark tests or use the Services for purposes of competitive analysis.