License Conditions. The licenses set out in this Agreement are at all times subject to the following restrictions and any contravention of these restrictions shall constitute a material breach of this Agreement: (i) The Products and Third Party Items are protected by United States and international laws and regulations including those related to: (a) copyright, patent, trade secret and other intellectual property rights, and (b) international trade laws and regulations – End User shall not remove, alter, cover, obfuscate or destroy any copyright notices, proprietary markings, proprietary legends, other proprietary rights notices, or any other notices or markings placed upon or contained within the Products and Third Party Items (including, without limitation, any copyright or other attribution statements such as for open source software); (ii) End User shall not, and shall not permit, authorize or engage any third party to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, decompile, create derivative works of the Product or any Third Party Item (or any part thereof), or, in relation to Software, attempt to derive source code; (iii) Notwithstanding that the Hardware portion of the Product may be sold to End User, the Software and Documentation portions and Third Party Items are not sold to End User and title to the Software and Documentation remains in Sandvine and Affiliates and their suppliers and licensors and title to Third Party Items remains with the third party – End User has no authority or right to sell, sublicense, rent, loan, provide software-as-a-service, distribute, transfer, disclose, reveal or otherwise communicate directly or indirectly the Product or Third Party Items, or any information about the Product or Third Party Items, to any person, firm, corporation or other entity, except in connection with a transfer of the Software as may be expressly permitted under this Agreement; (iv) The Products, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of Sandvine and End User acquires no rights in the Software or Documentation other than those specified in this Agreement; (v) The Products contain unpublished information and embody valuable trade secrets proprietary to Sandvine and Affiliates and their suppliers and licensors. The Products shall constitute “Confidential Information” and may be trade secrets of Sandvine for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Software Modules, Documentation, or any other unpublished or confidential information about the Products, Services, or trade secrets of Sandvine; (vi) The timely payment of all applicable license fees relating to the Software and Third Party Items (if applicable); (vii) End User shall be responsible for the payment of any taxes (including, without limitation, personal property taxes) arising from this Agreement, delivery of the Product and Third Party Items to End User, or use of the Product and/or Third Party Items by End User; (viii) Subject always to Section 15, End User shall use the Software and Third Party Items and provide services to End User’s subscribers only in the country where it was originally delivered to and installed by the End User in accordance with the applicable terms and conditions of the End User’s acquisition of the Software or Third Party Items license where the installation country is identified in writing; (ix) End User shall only use, execute, store, display and back-up object code versions of the Software and Third Party Items (if applicable) within End User’s own internal network and use, reproduce and distribute Documentation internally within End User’s operations to support the use of the Software and Third Party Items (if applicable) by End User’s internal personnel; (x) End User shall not publish any information that compares the performance of the Product or Third Party Items with products created or distributed by others without the prior written consent of Sandvine; (xi) End User shall comply with all laws and regulations applicable to End User’s use of the Product and Third Party Items including, without limitation, any privacy/data protection laws and regulations, export controls, economic sanctions, and national security related laws, orders and regulations; (xii) End User shall not use the Products for mass surveillance of individuals or for individual surveillance or other targeted actions on the basis on race, gender, sexual orientation, religion, or other protected classes, but can use the Products in accordance with applicable law for the targeted surveillance directed towards specific persons of interest for the prevention and investigation of crimes or violations of law, order, or regulation by an individual; (xiii) End User shall not use the Product or any Third Party Item to redirect subscribers to websites infected with malware or spyware; (xiv) End User shall not use the Product or any Third Party Item to determine or attempt to determine the identity of individual users who go to a specific website except, but solely to the extent permissible under applicable laws and regulations, to identify such users in connection with access to pornographic or restricted sites or access to websites for illegal purposes; (xv) End User shall not use the Product or any Third Party Item, alone or in combination with other activities, products or services, in any activity or manner that violates, or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be a violation of: i. any law, order or regulation, or is otherwise for criminal purposes; or ii. any fundamental human rights standards of any person, group, or community, as set forth in applicable internationally-recognized human rights instruments, such as the Universal Declaration of Human Rights, (▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/en/universal-declaration- human-rights/), the International Covenant on Civil and Political Rights (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/professionalinterest/pages/ccpr.aspx), and the International Labor Organization Declaration on Fundamental Principles and Rights at Work (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/declaration/thedeclaration/textdeclaration/lang-- en/index.htm) including, without limitation, by:
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
License Conditions. The licenses set out in this Agreement are are, at all times times, subject to the following restrictions and any contravention of these restrictions shall constitute a material breach of this Agreement:
(i) The Products and Third Party Items are protected by United States and international laws and regulations including those related to: (a) copyright, patent, trade secret and other intellectual property rights, and (b) international trade laws and regulations – End User shall not remove, alter, cover, obfuscate or destroy any copyright notices, proprietary markings, proprietary legends, other proprietary rights notices, or any other notices or markings placed upon or contained within the Products and Third Party Items (including, without limitation, any copyright or other attribution statements such as for open source software);
(ii) End User shall not, and shall not permit, authorize or engage any third party to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, decompile, create derivative works of the Product or any Third Party Item (or any part thereof), or, in relation to Softwareany software, attempt to derive source code;
(iii) Notwithstanding that the Hardware portion of the Product Devices may be sold to End User, the Software and Software, Documentation portions and Third Party Items (other than Devices duly purchased by the End User) are not sold to End User and title to the Software and Documentation remains in Sandvine AppLogic Networks and Affiliates and their suppliers and licensors and title to Third Party Items (other than Devices duly purchased by the End User) remains with the third party – End User has no authority or right to sell, sublicense, rent, loan, provide software-as-a-service, distribute, transfer, disclose, reveal or otherwise communicate directly or indirectly the Product or Third Party Items, or any information about the Product or Third Party Items, to any person, firm, corporation or other entity, except in connection with a transfer of the Software as may be expressly permitted under this Agreement;
(iv) The Products, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of Sandvine AppLogic Networks and End User acquires no rights in the Software or Documentation other than those specified in this Agreement;
(v) The Products contain unpublished information and embody valuable trade secrets proprietary to Sandvine AppLogic Networks and Affiliates and their suppliers and licensors. The Products shall constitute “Confidential Information” and may be trade secrets of Sandvine AppLogic Networks for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Software Modules, Documentation, or any other unpublished or confidential information about the Products, Services, or trade secrets of SandvineAppLogic Networks;
(vi) The timely payment of all applicable license fees relating to the Software and Third Party Items (if applicable), and any other applicable fees (such as, but not limited to, fees for Support and Maintenance Services and other AppLogic Networks services);
(vii) End User shall be responsible for the payment of any taxes (including, without limitation, personal property taxes) arising from this Agreement, delivery of the Product and Third Party Items to End User, or use of the Product and/or Third Party Items by End User;
(viii) Subject always to Section 1516 (Compliance with Laws, Export Controls and U.S. Government Restricted Rights), End User shall use the Software and Third Party Items and provide services to End User’s subscribers only in the country where it was originally delivered to and installed by the End User in accordance with the applicable terms and conditions of the End User’s acquisition of the Software or Third Party Items license where the installation country is identified in writing;
(ix) End User shall only use, execute, store, display and back-up object code versions of the Software and Third Party Items (if applicable) within End User’s own internal network and use, reproduce and distribute Documentation internally within End User’s operations to support the use of the Software and Third Party Items (if applicable) by End User’s internal personnel;
(x) End User shall not publish any information that compares the performance of the Product or Third Party Items with products created or distributed by others without the prior written consent of SandvineAppLogic Networks;
(xi) End User shall comply with all laws and regulations applicable to End User’s use of the Product and Third Party Items including, without limitation, any privacy/data protection laws and regulations, export controls, economic sanctions, and national security related laws, orders and regulations;
(xii) End User shall not use the Products for mass surveillance of individuals or for individual surveillance or other targeted actions on the basis on race, gender, sexual orientation, religion, or other protected classes, but can use the Products in accordance with applicable law for the targeted surveillance directed towards specific persons of interest for the prevention and investigation of crimes or violations of law, order, or regulation by an individual;
(xiii) End User shall not use the Product or any Third Party Item to redirect subscribers to websites infected with malware or spyware;
(xiv) End User shall not use the Product or any Third Party Item to determine or attempt to determine the identity of individual users who go to a specific website except, but solely to the extent permissible under applicable laws and regulations, to identify such users in connection with access to pornographic or restricted sites or access to websites for illegal purposes;
(xv) End User shall not use the Product or any Third Party Item, alone or in combination with other activities, products or services, in any activity or manner that violates, or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be a violation of:
i. any law, order or regulation, or is otherwise for criminal purposes; or
ii. any fundamental human rights standards of any person, group, or community, as set forth in applicable internationally-recognized human rights instruments, such as the Universal Declaration of Human Rights, (▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/en/universal-declaration- human-rights/), the International Covenant on Civil and Political Rights (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/professionalinterest/pages/ccpr.aspx), and the International Labor Organization Declaration on Fundamental Principles and Rights at Work (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/declaration/thedeclaration/textdeclaration/lang-- en/index.htm) including, without limitation, by:
(A) End User: End User, or any End User affiliate, employee, contractor, licensor, supplier or customer;
(B) AppLogic Networks: AppLogic Networks, or any AppLogic Networks affiliate, employee, contractor, licensor or supplier of AppLogic Networks; or
(C) Government: any federal, state/provincial, local, judicial or other governing body having jurisdiction over any of the foregoing.
(xvi) End User accepts that the following types of information may be obtained from End User, or may be sent by the Product or Third Party Item to AppLogic Networks and/or the third party licensor of the Third Party Item (collectively “Retained Data”):
a. operational system information concerning the Products and Third Party Items, including the version of the Product or Third Party Item installed, Product or Third Party Item diagnostics information, basic Product or Third Party Item performance, and any errors that the Product or Third Party Item encounters,
b. aggregated or anonymized information concerning the traffic in End User’s network, and
c. if End User uses Interconnect Bypass Services information about and relating to unlicensed gateways. The foregoing information may be used in order to: (A) enable AppLogic Networks and/or the third party licensor of the Third Party Item to better monitor the health and performance of the Products and/or Third Party Items, (B) enhance and improve the performance of AppLogic Networks Products and services, (C) develop and commercialize new Products and services or new functionalities, (D) optimize and support AppLogic Networks research and development activities, and (E) prepare and share reports about Internet and electronic communication data trends (provided that they shall not identify the End User or any End User Data that has not been anonymized and aggregated). End User hereby consents to the transfer, collection and use of such information and agrees that such transfer, collection and use for the purposes set out herein shall not constitute a breach of any confidentiality and/or non-disclosure and/or non-use obligations that may be in place between the End User and AppLogic Networks; and
(xvii) End User shall assume sole responsibility for: (a) the establishment of appropriate security measures, and (b) taking appropriate measures to back up computers and take other measures to prevent any loss of files or data.
(xviii) Where a AppLogic Networks-authorized reseller is performing the installation and/or configuration of Software, the AppLogic Networks-authorized reseller, and not AppLogic Networks, is responsible for such installation and/or configuration. This Agreement does not apply to any software tools provided by AppLogic Networks to the AppLogic Networks- authorized reseller for the purpose of installing Software onto Hardware or Third Party Items.
Appears in 1 contract
Sources: End User License Agreement
License Conditions. The licenses set out in this Agreement are are, at all times times, subject to the following restrictions and any contravention of these restrictions shall constitute a material breach of this Agreement:
(i) The Products and Third Party Items are protected by United States and international laws and regulations including those related to: (a) copyright, patent, trade secret and other intellectual property rights, and (b) international trade laws and regulations – End User shall not remove, alter, cover, obfuscate or destroy any copyright notices, proprietary markings, proprietary legends, other proprietary rights notices, or any other notices or markings placed upon or contained within the Products and Third Party Items (including, without limitation, any copyright or other attribution statements such as for open source software);
(ii) End User shall not, and shall not permit, authorize or engage any third party to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, decompile, create derivative works of the Product or any Third Party Item (or any part thereof), or, in relation to Softwareany software, attempt to derive source code;
(iii) Notwithstanding that the Hardware portion of the Product Devices may be sold to End User, the Software and Software, Documentation portions and Third Party Items (other than Devices duly purchased by the End User) are not sold to End User and title to the Software and Documentation remains in Sandvine and Affiliates and their suppliers and licensors and title to Third Party Items (other than Devices duly purchased by the End User) remains with the third party – End User has no authority or right to sell, sublicense, rent, loan, provide software-as-a-service, distribute, transfer, disclose, reveal or otherwise communicate directly or indirectly the Product or Third Party Items, or any information about the Product or Third Party Items, to any person, firm, corporation or other entity, except in connection with a transfer of the Software as may be expressly permitted under this Agreement;
(iv) The Products, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of Sandvine and End User acquires no rights in the Software or Documentation other than those specified in this Agreement;
(v) The Products contain unpublished information and embody valuable trade secrets proprietary to Sandvine and Affiliates and their suppliers and licensors. The Products shall constitute “Confidential Information” and may be trade secrets of Sandvine for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Software Modules, Documentation, or any other unpublished or confidential information about the Products, Services, or trade secrets of Sandvine;
(vi) The timely payment of all applicable license fees relating to the Software and Third Party Items (if applicable), and any other applicable fees (such as, but not limited to, fees for Support and Maintenance Services and other Sandvine services);
(vii) End User shall be responsible for the payment of any taxes (including, without limitation, personal property taxes) arising from this Agreement, delivery of the Product and Third Party Items to End User, or use of the Product and/or Third Party Items by End User;
(viii) Subject always to Section 1516 (Compliance with Laws, Export Controls and U.S. Government Restricted Rights), End User shall use the Software and Third Party Items and provide services to End User’s subscribers only in the country where it was originally delivered to and installed by the End User in accordance with the applicable terms and conditions of the End User’s acquisition of the Software or Third Party Items license where the installation country is identified in writing;
(ix) End User shall only use, execute, store, display and back-up object code versions of the Software and Third Party Items (if applicable) within End User’s own internal network and use, reproduce and distribute Documentation internally within End User’s operations to support the use of the Software and Third Party Items (if applicable) by End User’s internal personnel;
(x) End User shall not publish any information that compares the performance of the Product or Third Party Items with products created or distributed by others without the prior written consent of Sandvine;
(xi) End User shall comply with all laws and regulations applicable to End User’s use of the Product and Third Party Items including, without limitation, any privacy/data protection laws and regulations, export controls, economic sanctions, and national security related laws, orders and regulations;
(xii) End User shall not use the Products for mass surveillance of individuals or for individual surveillance or other targeted actions on the basis on race, gender, sexual orientation, religion, or other protected classes, but can use the Products in accordance with applicable law for the targeted surveillance directed towards specific persons of interest for the prevention and investigation of crimes or violations of law, order, or regulation by an individual;
(xiii) End User shall not use the Product or any Third Party Item to redirect subscribers to websites infected with malware or spyware;
(xiv) End User shall not use the Product or any Third Party Item to determine or attempt to determine the identity of individual users who go to a specific website except, but solely to the extent permissible under applicable laws and regulations, to identify such users in connection with access to pornographic or restricted sites or access to websites for illegal purposes;
(xv) End User shall not use the Product or any Third Party Item, alone or in combination with other activities, products or services, in any activity or manner that violates, or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be a violation of:
i. any law, order or regulation, or is otherwise for criminal purposes; or
ii. any fundamental human rights standards of any person, group, or community, as set forth in applicable internationally-recognized human rights instruments, such as the Universal Declaration of Human Rights, (▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/en/universal-declaration- human-rights/), the International Covenant on Civil and Political Rights (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/professionalinterest/pages/ccpr.aspx), and the International Labor Organization Declaration on Fundamental Principles and Rights at Work (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/declaration/thedeclaration/textdeclaration/lang-- en/index.htm) including, without limitation, by:
(A) End User: End User, or any End User affiliate, employee, contractor, licensor, supplier or customer;
Appears in 1 contract
Sources: End User License Agreement
License Conditions. The licenses set out in this Agreement are at all times subject to the following restrictions and any contravention of these restrictions shall constitute a material breach of this Agreement:
(i) The Products and Third Party Items are protected by United States and international laws and regulations including those related to: (a) copyright, patent, trade secret and other intellectual property rights, and (b) international trade laws and regulations – End User shall not remove, alter, cover, obfuscate or destroy any copyright notices, proprietary markings, proprietary legends, other proprietary rights notices, or any other notices or markings placed upon or contained within the Products and Third Party Items (including, without limitation, any copyright or other attribution statements such as for open source software);
(ii) End User shall not, and shall not permit, authorize or engage any third party to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, decompile, create derivative works of the Product or any Third Party Item (or any part thereof), or, in relation to Software, attempt to derive source code;
(iii) Notwithstanding that the Hardware portion of the Product may be sold to End User, the Software and Documentation portions and Third Party Items are not sold to End User and title to the Software and Documentation remains in Sandvine and Affiliates and their suppliers and licensors and title to Third Party Items remains with the third party – End User has no authority or right to sell, sublicense, rent, loan, provide software-as-a-service, distribute, transfer, disclose, reveal or otherwise communicate directly or indirectly the Product or Third Party Items, or any information about the Product or Third Party Items, to any person, firm, corporation or other entity, except in connection with a transfer of the Software as may be expressly permitted under this Agreement;
(iv) The Products, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of Sandvine and End User acquires no rights in the Software or Documentation other than those specified in this Agreement;
(v) The Products contain unpublished information and embody valuable trade secrets proprietary to Sandvine and Affiliates and their suppliers and licensors. The Products shall constitute “Confidential Information” and may be trade secrets of Sandvine for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Software Modules, Documentation, or any other unpublished or confidential information about the Products, Services, or trade secrets of Sandvine;
(vi) The timely payment of all applicable license fees relating to the Software and Third Party Items (if applicable);
(vii) End User shall be responsible for the payment of any taxes (including, without limitation, personal property taxes) arising from this Agreement, delivery of the Product and Third Party Items to End User, or use of the Product and/or Third Party Items by End User;
(viii) Subject always to Section 1516 (Compliance with Laws, Export Controls and U.S. Government Restricted Rights), End User shall use the Software and Third Party Items and provide services to End User’s subscribers only in the country where it was originally delivered to and installed by the End User in accordance with the applicable terms and conditions of the End User’s acquisition of the Software or Third Party Items license where the installation country is identified in writing;
(ix) End User shall only use, execute, store, display and back-up object code versions of the Software and Third Party Items (if applicable) within End User’s own internal network and use, reproduce and distribute Documentation internally within End User’s operations to support the use of the Software and Third Party Items (if applicable) by End User’s internal personnel;
(x) End User shall not publish any information that compares the performance of the Product or Third Party Items with products created or distributed by others without the prior written consent of Sandvine;
(xi) End User shall comply with all laws and regulations applicable to End User’s use of the Product and Third Party Items including, without limitation, any privacy/data protection laws and regulations, export controls, economic sanctions, and national security related laws, orders and regulations;
(xii) End User shall not use the Products for mass surveillance of individuals or for individual surveillance or other targeted actions on the basis on race, gender, sexual orientation, religion, or other protected classes, but can use the Products in accordance with applicable law for the targeted surveillance directed towards specific persons of interest for the prevention and investigation of crimes or violations of law, order, or regulation by an individual;
(xiii) End User shall not use the Product or any Third Party Item to redirect subscribers to websites infected with malware or spyware;
(xiv) End User shall not use the Product or any Third Party Item to determine or attempt to determine the identity of individual users who go to a specific website except, but solely to the extent permissible under applicable laws and regulations, to identify such users in connection with access to pornographic or restricted sites or access to websites for illegal purposes;
(xv) End User shall not use the Product or any Third Party Item, alone or in combination with other activities, products or services, in any activity or manner that violates, or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be a violation of:
i. any law, order or regulation, or is otherwise for criminal purposes; or
ii. any fundamental human rights standards of any person, group, or community, as set forth in applicable internationally-recognized human rights instruments, such as the Universal Declaration of Human Rights, (▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/en/universal-declaration- human-rights/), the International Covenant on Civil and Political Rights (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/professionalinterest/pages/ccpr.aspx), and the International Labor Organization Declaration on Fundamental Principles and Rights at Work (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/declaration/thedeclaration/textdeclaration/lang-- en/index.htm) including, without limitation, by:
Appears in 1 contract
Sources: End User License Agreement
License Conditions. The licenses set out A. If You are an entity, each of Your employees and Your contractors may use the Materials as specified in this Agreement are at all times subject to the following restrictions and any contravention of these restrictions shall constitute a material breach of this Agreement:
Section 2 above, provided: (i) The Products their use of the Materials is solely on behalf of and Third Party Items are protected by United States and international laws and regulations including those related to: (a) copyrightin support of Your business, patent, trade secret and other intellectual property rights, and (b) international trade laws and regulations – End User shall not remove, alter, cover, obfuscate or destroy any copyright notices, proprietary markings, proprietary legends, other proprietary rights notices, or any other notices or markings placed upon or contained within the Products and Third Party Items (including, without limitation, any copyright or other attribution statements such as for open source software);
(ii) End User shall not, and shall not permit, authorize or engage any third party to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, decompile, create derivative works of the Product or any Third Party Item (or any part thereof), or, in relation to Software, attempt to derive source code;
(iii) Notwithstanding that the Hardware portion of the Product may be sold to End User, the Software and Documentation portions and Third Party Items are not sold to End User and title they agree to the Software terms and Documentation remains in Sandvine and Affiliates and their suppliers and licensors and title to Third Party Items remains with the third party – End User has no authority or right to sell, sublicense, rent, loan, provide software-as-a-service, distribute, transfer, disclose, reveal or otherwise communicate directly or indirectly the Product or Third Party Items, or any information about the Product or Third Party Items, to any person, firm, corporation or other entity, except in connection with a transfer of the Software as may be expressly permitted under this Agreement;
(iv) The Products, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of Sandvine and End User acquires no rights in the Software or Documentation other than those specified in this Agreement;
(v) The Products contain unpublished information and embody valuable trade secrets proprietary to Sandvine and Affiliates and their suppliers and licensors. The Products shall constitute “Confidential Information” and may be trade secrets of Sandvine for the purposes of the confidentiality provisions conditions of this Agreement, and (iii) You are solely responsible for their use of the Materials.
B. If Your Product is a software development library, then attribution (if any), as specified in the product release notes of the corresponding Materials shall be displayed prominently in Your Product’s associated documentation and on the web site (if any) for Your Product.
C. If You receive Your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with Your applicable license stated in this Agreement, or any other separate confidentiality agreement between for backup or archival purposes. You may not provide the parties. End User shall hold second copy to another user.
D. If the Materials You received are identified as Pre-Release Materials, (i) You have the right to use the Pre-Release Materials only for the duration of the pre-release term, which is specified in confidence the product release notes, on Intel’s download website for the Materials or elsewhere, or until the commercial release, if any, of the Pre-Release Materials, whichever is shorter, and (ii) You may not disclose to any third partyparty any benchmarks, indefinitely, any Software Modules, Documentationperformance results, or any other unpublished or confidential information about the Products, Services, or trade secrets of Sandvine;
(vi) The timely payment of all applicable license fees relating to the Software and Third Party Items (if applicable);Pre-Release Materials.
(vii) End User shall be responsible for E. Notwithstanding anything to the payment of any taxes (including, without limitation, personal property taxes) arising from contrary in this Agreement, delivery if the Materials include the text file named “site_license_materials.txt” the files specified in that text file may be installed on computer systems located only at a single site (unless multiple sites are specified in the purchase order accepted by Intel or its resellers), and those files may be accessed or used by unlimited and simultaneous users, subject to their compliance with all of the Product and Third Party Items to End User, or use of the Product and/or Third Party Items by End User;
(viii) Subject always to Section 15, End User shall use the Software and Third Party Items and provide services to End User’s subscribers only in the country where it was originally delivered to and installed by the End User in accordance with the applicable terms and conditions of the End User’s acquisition of the Software or Third Party Items license where the installation country is identified this Agreement.
F. Except as expressly provided in writing;
this Agreement, You may NOT: (ixi) End User shall only use, executecopy, store, display and back-up object code versions of the Software and Third Party Items (if applicable) within End User’s own internal network and use, reproduce and distribute Documentation internally within End User’s operations to support the use of the Software and Third Party Items (if applicable) by End User’s internal personnel;
(x) End User shall not publish any information that compares the performance of the Product or Third Party Items with products created or distributed by others without the prior written consent of Sandvine;
(xi) End User shall comply with all laws and regulations applicable to End User’s use of the Product and Third Party Items including, without limitation, any privacy/data protection laws and regulations, export controls, economic sanctions, and national security related laws, orders and regulations;
(xii) End User shall not use the Products for mass surveillance of individuals or for individual surveillance or other targeted actions on the basis on race, gender, sexual orientation, religiondistribute, or other protected classespublicly display the Materials; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials; (iv) modify, but can use the Products in accordance with applicable law for the targeted surveillance directed towards specific persons of interest for the prevention and investigation of crimes or violations of law, orderadapt, or regulation by an individual;
(xiii) End User shall not use translate the Product or any Third Party Item to redirect subscribers to websites infected with malware or spyware;
(xiv) End User shall not use the Product or any Third Party Item to determine or attempt to determine the identity of individual users who go to a specific website except, but solely to the extent permissible under applicable laws and regulations, to identify such users Materials in connection with access to pornographic or restricted sites or access to websites for illegal purposes;
(xv) End User shall not use the Product or any Third Party Item, alone whole or in combination with other activitiespart; (v) reverse engineer, products or services, in any activity or manner that violatesdecompile, or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be a violation of:
i. any law, order or regulation, or is otherwise for criminal purposes; or
ii. any fundamental human rights standards of any person, group, or community, as set forth in applicable internationally-recognized human rights instruments, such as disassemble the Universal Declaration of Human Rights, (▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/en/universal-declaration- human-rights/), the International Covenant on Civil and Political Rights (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/professionalinterest/pages/ccpr.aspx), and the International Labor Organization Declaration on Fundamental Principles and Rights at Work (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/declaration/thedeclaration/textdeclaration/lang-- en/index.htm) including, without limitation, by:Materials;
Appears in 1 contract
Sources: End User License Agreement (Eula)
License Conditions. The licenses set out in this Agreement are at all times subject to the following restrictions and any contravention of these restrictions shall constitute a material breach of this Agreement:
(i) The the Products and Third Party Items are protected by United States and international laws and regulations including those related to: (a) copyright, patent, trade secret and other intellectual property rights, and (b) international trade laws and regulations – End User shall not remove, alter, cover, obfuscate or destroy any copyright notices, proprietary markings, proprietary legends, other proprietary rights notices, or any other notices or markings placed upon or contained within the Products and Third Party Items (including, without limitation, any copyright or other attribution statements such as for open source software);
(ii) End User shall not, and shall not permit, authorize or engage any third party to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, decompile, create derivative works of the Product or any Third Party Item (or any part thereof), or, in relation to Software, attempt to derive source code;
(iii) Notwithstanding that the Hardware portion of the Product may be sold to End User, the Software and Documentation portions and Third Party Items are not sold to End User and title to the Software and Documentation remains in Sandvine and Affiliates and their suppliers and licensors and title to Third Party Items remains with the third party – End User has no authority or right to sell, sublicense, rent, loan, provide software-as-a-service, distribute, transfer, disclose, reveal or otherwise communicate directly or indirectly the Product or Third Party Items, or any information about the Product or Third Party Items, to any person, firm, corporation or other entity, except in connection with a transfer of the Software as may be expressly permitted under this AgreementAgreement or otherwise approved in writing by Sandvine – End User shall not sell, sublicense, distribute, transfer, disclose, reveal or otherwise communicate the Product or any Third Party Item to any third party;
(iv) The the Products, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of Sandvine and End User acquires no rights in the Software or Documentation other than those specified in this Agreement;
(v) The the Products contain unpublished information and embody valuable trade secrets proprietary to Sandvine and Affiliates and their suppliers and licensors. The Products shall constitute “Confidential Information” and may be trade secrets of Sandvine for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Software Modules, Documentation, or any other unpublished or confidential information about the Products, Services, or trade secrets of Sandvine;
(vi) The the timely payment of all applicable license fees relating to the Software and Third Party Items (if applicable);
(vii) End User shall be responsible for the payment of any taxes (including, without limitation, personal property taxes) arising from this Agreement, delivery of the Product and Third Party Items to End User, or use of the Product and/or Third Party Items by End User;
(viii) Subject always to Section 15, End User shall use the Software and Third Party Items and provide services to End User’s subscribers only in the country where it was originally delivered to and installed by the End User in accordance with the applicable terms and conditions of the End User’s acquisition of the Software or Third Party Items license where the installation country is identified in writing;
(ix) End User shall use the Products and Third Party Items only for the prevention and investigation of crimes or other violations of law, order, or regulation;
(x) End User shall only use, execute, store, display and back-up object code versions of the Software and Third Party Items (if applicable) within End User’s own internal network and use, reproduce and distribute Documentation internally within End User’s operations to support the use of the Software and Third Party Items (if applicable) by End User’s internal personnel;
(xxi) End User shall not publish any information that compares the performance of the Product or Third Party Items with products created or distributed by others without the prior written consent of Sandvine;
(xixii) End User shall comply with all laws and regulations applicable to End User’s use of the Product and Third Party Items including, without limitation, any privacy/data protection laws and regulations, export controls, economic sanctions, and national security related laws, orders and regulations;
(xii) End User shall not use the Products for mass surveillance of individuals or for individual surveillance or other targeted actions on the basis on race, gender, sexual orientation, religion, or other protected classes, but can use the Products in accordance with applicable law for the targeted surveillance directed towards specific persons of interest for the prevention and investigation of crimes or violations of law, order, or regulation by an individual;
(xiii) End User shall not use the Product or any Third Party Item to redirect subscribers to websites infected with malware or spyware;
(xiv) End User shall not use the Product or any Third Party Item to determine or attempt to determine the identity of individual users who go to a specific website except, but solely to the extent permissible under applicable laws and regulations, to identify such users in connection with access to pornographic or restricted sites or access to websites for illegal purposes;
(xvxiv) End User shall not use the Product or any Third Party Item, alone Item in a manner that violates the privacy rights of an individual or in combination with other activities, products or services, in support of any activity that supports or manner that violates, or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be a violation of:
i. any law, order or regulation, or is otherwise for criminal purposes; or
ii. any fundamental enables the commission of human rights standards of violations by any person;
(xv) End User accepts that, groupunless specifically blocked, Products and Third Party Items may send operational system information concerning the Products and Third Party Items back to Sandvine and/or the third party licensor of the Third Party Item in order to enable Sandvine and/or the third party licensor of the Third Party Item to better monitor the health and performance of the Products and/or Third Party Items – this information may include version of Product or communityThird Party Item installed, as set forth in applicable internationally-recognized human rights instrumentsProduct or Third Party Item diagnostics information, such as the Universal Declaration of Human Rights, (▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/en/universal-declaration- human-rights/), the International Covenant on Civil and Political Rights (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/professionalinterest/pages/ccpr.aspx)basic Product or Third Party Item performance, and any errors that the International Labor Organization Declaration on Fundamental Principles Product or Third Party Item encounters. End User hereby consent to the transfer and Rights at Work collection of such information; and
(▇▇▇▇▇://▇▇▇xvi) End User shall assume sole responsibility for: (a) the establishment of appropriate security measures, and (b) taking appropriate measures to back up computers and take other measures to prevent any loss of files or data.▇▇▇.▇▇▇/declaration/thedeclaration/textdeclaration/lang-- en/index.htm) including, without limitation, by:
Appears in 1 contract
Sources: End User License Agreement
License Conditions. The licenses set out in this Agreement are at all times subject to the following restrictions and any contravention of these restrictions shall constitute a material breach of this Agreement:
(i) The the Products and Third Party Items are protected by United States and international laws and regulations including those related to: (a) copyright, patent, trade secret and other intellectual property rights, and (b) international trade laws and regulations – End User shall not remove, alter, cover, obfuscate or destroy any copyright notices, proprietary markings, proprietary legends, other proprietary rights notices, or any other notices or markings placed upon or contained within the Products and Third Party Items (including, without limitation, any copyright or other attribution statements such as for open source software);
(ii) End User shall not, and shall not permit, authorize or engage any third party to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, decompile, create derivative works of the Product or any Third Party Item (or any part thereof), or, in relation to Software, attempt to derive source code;
(iii) Notwithstanding that the Hardware portion of the Product may be sold to End User, the Software and Documentation portions and Third Party Items are not sold to End User and title to the Software and Documentation remains in Sandvine and Affiliates and their suppliers and licensors and title to Third Party Items remains with the third party – End User has no authority or right to sell, sublicense, rent, loan, provide software-as-a-service, distribute, transfer, disclose, reveal or otherwise communicate directly or indirectly the Product or Third Party Items, or any information about the Product or Third Party Items, to any person, firm, corporation or other entity, except in connection with a transfer of the Software as may be expressly permitted under this Agreement;
(iv) The the Products, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of Sandvine and End User acquires no rights in the Software or Documentation other than those specified in this Agreement;
(v) The the Products contain unpublished information and embody valuable trade secrets proprietary to Sandvine and Affiliates and their suppliers and licensors. The Products shall constitute “Confidential Information” and may be trade secrets of Sandvine for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Software Modules, Documentation, or any other unpublished or confidential information about the Products, Services, or trade secrets of Sandvine;
(vi) The the timely payment of all applicable license fees relating to the Software and Third Party Items (if applicable);
(vii) End User shall be responsible for the payment of any taxes (including, without limitation, personal property taxes) arising from this Agreement, delivery of the Product and Third Party Items to End User, or use of the Product and/or Third Party Items by End User;
(viii) Subject always to Section 15, End User shall use the Software and Third Party Items and provide services to End User’s subscribers only in the country where it was originally delivered to and installed by the End User in accordance with the applicable terms and conditions of the End User’s acquisition of the Software or Third Party Items license where the installation country is identified in writing;
(ix) End User shall only use, execute, store, display and back-up object code versions of the Software and Third Party Items (if applicable) within End User’s own internal network and use, reproduce and distribute Documentation internally within End User’s operations to support the use of the Software and Third Party Items (if applicable) by End User’s internal personnel;
(x) End User shall not publish any information that compares the performance of the Product or Third Party Items with products created or distributed by others without the prior written consent of Sandvine;
(xi) End User shall comply with all laws and regulations applicable to End User’s use of the Product and Third Party Items including, without limitation, any privacy/data protection laws and regulations, export controls, economic sanctions, and national security related laws, orders and regulations;
(xii) End User shall not use the Products for mass surveillance of individuals or for individual surveillance or other targeted actions on the basis on race, gender, sexual orientation, religion, or other protected classes, but can use the Products in accordance with applicable law for the targeted surveillance directed towards specific persons of interest for the prevention and investigation of crimes or violations of law, order, or regulation by an individual;
(xiii) End User shall not use the Product or any Third Party Item to redirect subscribers to websites infected with malware or spyware;
(xiv) End User shall not use the Product or any Third Party Item to determine or attempt to determine the identity of individual users who go to a specific website except, but solely to the extent permissible under applicable laws and regulations, to identify such users in connection with access to pornographic or restricted sites or access to websites for illegal purposes;
(xv) End User shall not use the Product or any Third Party Item, alone or in combination with other activities, products or services, in any activity or manner that violates, or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be a violation of:
i. any law, order or regulation, or is otherwise for criminal purposes; or
ii. any fundamental human rights standards of any person, group, or community, as set forth in applicable internationally-recognized human rights instruments, such as the Universal Declaration of Human Rights, (▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/en/universaluniversal- declaration-declaration- human-rights/), the International Covenant on Civil and Political Rights (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/professionalinterest/pages/ccpr.aspx), and the International Labor Organization Declaration on Fundamental Principles and Rights at Work (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/declaration/thedeclaration/textdeclaration/lang-- en/index.htm) including, without limitation, by:
Appears in 1 contract
Sources: End User License Agreement