License Grant & Restrictions. eMaint hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint and its licensors. You may not access the Service if you are a direct competitor of eMaint, except with eMaint's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Appears in 2 contracts
License Grant & Restrictions. eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and its licensors. You may not access the Service if you are a direct competitor of eMaint▇▇▇▇▇▇▇▇▇▇.▇▇▇, except with eMaint's ▇▇▇▇▇▇▇▇▇▇.▇▇▇’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "“links" ” to the Service or "“frame" ” or "“mirror" ” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. Certain editions of the Service offer integration capabilities via an application programming interface, or API. The number of API calls you can make per account is limited as follows (excluding calls resulting from use of ▇▇▇▇▇▇▇▇▇▇.▇▇▇ client applications, such as Offline Edition, and salesforce.com-certified AppExchange applications): - Enterprise Edition (and Professional Edition with API access add-on): 1,000 calls/day/User (aggregated over all Users under the account), up to an aggregate maximum of 1,000,000 calls/day/account.
Appears in 2 contracts
Sources: Master Subscription Agreement, Master Subscription Agreement (SolarWinds, Inc.)
License Grant & Restrictions. eMaint 3.1 The SERVICES are licensed and not sold. RxScan hereby grants you a non-non- exclusive, non-transferable, worldwide restricted right to use the ServiceSERVICES subscribed to, solely for your own internal business purposes, subject to the terms and conditions of this AgreementAGREEMENT . All rights not expressly granted to you are reserved by eMaint RxScan and its licensors. You may permit specific Users to use the SERVICES, provided such Users are within the scope of your specific license and have a unique username and password.
3.2 CLIENT shall require all third party service providers to whom CLIENT grants access to the SERVICES to comply in writing with the terms of this AGREEMENT governing use of the SERVICES. CLIENT shall be fully responsible for any failure of such parties to comply with the terms of this AGREEMENT.
3.3 You may not access the Service SERVICES if you are a direct competitor of eMaintTHE SERVICES, except with eMaint's RxScan’s prior written consent. In addition, you may not access the Service SERVICES for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. .
3.4 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service SERVICES or the Content in any way, except with eMaint's prior written consentother than to your Users as set forth above; (ii) modify or make derivative works based upon of the Service SERVICES or the Content; (iii) create externally- available Internet "links" links to the Service SERVICES or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service SERVICES in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the ServiceSERVICES, or (c) copy any ideas, features, functions or graphics of the ServiceSERVICES. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. SERVICES.
3.5 You may use the Service SERVICES only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service SERVICES or the data contained therein; or (v) attempt to gain unauthorized access to the Service SERVICES or its related systems or networks.
3.6 You grant RxScan and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information and the Customer Data in connection with the operation of the SERVICES. RxScan cannot and does not assume any responsibility or liability for any information you submit, or your, a User’s or third parties' use or misuse of information transmitted or received using The SERVICES tools and services.
Appears in 2 contracts
Sources: Saas Master Software Subscription and Services Agreement, Saas Master Software Subscription and Services Agreement
License Grant & Restrictions. eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and its licensors. You may not access the Service if you are a direct competitor of eMaint▇▇▇▇▇▇▇▇▇▇.▇▇▇, except with eMaint▇▇▇▇▇▇▇▇▇▇.▇▇▇'s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. Certain editions of the Service offer integration capabilities via an application programming interface, or API. The number of API calls you can make per account is limited as follows (excluding calls resulting from use of ▇▇▇▇▇▇▇▇▇▇.▇▇▇ client applications, such as Offline Edition, and salesforce.com-certified AppExchange applications): - Enterprise Edition (and Professional Edition with API access add-on): 1,000 calls/day/User (aggregated over all Users under the account), up to an aggregate maximum of 1,000,000 calls/day/account.
Appears in 2 contracts
Sources: Master Subscription Agreement, Master Subscription Agreement
License Grant & Restrictions. eMaint e-BizSoft, Inc. hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint e-BizSoft, Inc. and its licensors. You may not access the Service if you are a direct competitor of eMaint, except with eMaint's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise otherwise, duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious tortuous material, including material harmful to children or violative of violates third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks; or (vi) use the Service to conduct or facilitate activities including the creation, modification, transmission, or storage of data in support of goods or services whose trade or execution is restricted or prohibited under all applicable local, state, national and foreign laws, treaties and regulations.
Appears in 1 contract
Sources: Master Subscription Agreement
License Grant & Restrictions. eMaint HealthBoxHR hereby grants you the Client a personal, revocable, non-exclusive, non-transferable, worldwide right non-sublicensable license to use the ServiceProduct(s) via the Service for the duration of this Agreement, solely for your use by the Users for the Client's own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you the Client are reserved by eMaint HealthBoxHR and its licensors. You The Client may not access the Product(s) or Service if you they are a direct competitor of eMaintHealthBoxHR, except with eMaint's HealthBoxHR’ s prior written consent. In addition, you the Client may not access the Product(s) or Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You The Client shall not (i) not, and shall procure that Users shall not: license, lease, sublicense, sell, resell, transfer, display, disclose, assign, distribute or otherwise commercially exploit or make available to any third party the Product(s) or Service or the Content in any way; modify, except with eMaint's prior written consent; (ii) modify duplicate copy or make derivative works based upon the Product(s), Service or the Content; (iii) create Internet internet "links" to the Product(s) or Service or "frame" or ", "mirror" ", republish, transmit or distribute any Content on any other server or wireless or Internetinternet-based device; reverse compile, decompile, or (iv) in any way reverse engineer or otherwise reduce to human perceivable form all or any part of the Product(s), the Service or Content; attempt to obtain, or assist third parties in obtaining, access to the Product(s), Services and/or Content (other than as provided under this Agreement); or access the Product(s) or Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Product(s) or Service, or (c) copy any ideas, features, functions or graphics of the Product(s) or Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You The Client may use the Product(s) and Service only for your internal business purposes and shall not, and shall procure that Users shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, sexually explicit, threatening, harassing or racially or ethnically insensitive, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Product(s) or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Product(s) or Service or its related systems or networks. THE CLIENT'S RESPONSIBILITIES The Client is responsible for all activity occurring under their User accounts and shall: abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with their use of the Product(s) and Service, including those related to data privacy, international communications and the transmission of technical or Personal Data; carry out all other Client responsibilities set out in this Agreement in a timely and efficient manner; satisfy itself of the technical and organizational measures taken by HealthBoxHR to protect against (a) unauthorized or unlawful processing, (b) accidental loss or destruction of or (c) damage to Personal Data (available here: security and reliability); be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to HealthBoxHR, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Client’s network connections or telecommunications links or caused by the internet; ensure that each User shall keep a secure password for his/her use of the Product(s) and Service, that such password shall be updated in accordance with any requirements notified to the User in the HealthBoxHR software and that each User shall keep his/her password confidential; notify HealthBoxHR immediately of any unauthorized use of any password or account or any other known or suspected breach of security; report to HealthBoxHR immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by the Client or their Users; and not impersonate another User or provide false identity information to gain access to or use the Product(s) or Service. ACCOUNT INFORMATION AND DATA HealthBoxHR does not own any of the Client Data. The Client, not HealthBoxHR, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data. The Client undertakes that it has all necessary and appropriate rights, consents and notices in place to enable lawful transfer of any Personal Data that it supplies or otherwise makes available to HealthBoxHR under or in relation to this Agreement (whether contained within Account Data, Client Data or otherwise), and that such rights shall remain in effect for the duration this Agreement and will enable HealthBoxHR to perform its obligations under this Agreement in accordance with applicable Data Protection Legislation. The Client shall ensure that all relevant third parties have been informed of, and where required by Applicable Law, have given their consent to the processing contemplated pursuant to this Agreement. HealthBoxHR shall follow routine archiving procedures for Client Data, including scheduled back-ups. In the event of any loss or damage to Client Data, and subject always to any remedy which may be available under clause 4, the Client's sole and exclusive remedy shall be for HealthBoxHR to use reasonable commercial endeavours to restore the lost or damaged Client Data from the latest back-up of such Client Data maintained by HealthBoxHR, and HealthBoxHR shall not be responsible for any loss, destruction, alteration or disclosure of Client Data caused by any third party. If the Client becomes a paying User of any Product, the Client hereby accepts and agrees that HealthBoxHR may include the Client’s name and/or logo on the Website and HealthBoxHR can disclose the fact that the Client is a paying user of the Service. The Client may opt-out of such inclusion by sending a written request to HealthBoxHR. In order to enable HealthBoxHR to utilize its rights under this clause, the Client grants HealthBoxHR a non-exclusive, non-transferable, terminable at-will license to use, copy, store, transmit and display the Client’s Intellectual Property Rights to the extent necessary or reasonable to enable HealthBoxHR to make public announcements on the Website. The Client shall indemnify and hold HealthBoxHR, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: any breach of the Data Protection Legislation by the Client; any claim from an individual whose Personal Data is processed by HealthBoxHR when providing the Services (except where such claim results from HealthBoxHR’ s breach of this Agreement); or any inaccuracy in the Client Data as input by the Client. INTELLECTUAL PROPERTY OWNERSHIP HealthBoxHR alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the HealthBoxHR Technology and any Content, Product and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Client or any other party relating to the Service. This Agreement is not a sale and does not convey to the Client any rights of ownership in or related to the Products, Service, the HealthBoxHR Technology or the Intellectual Property Rights owned by HealthBoxHR. The “HealthBoxHR” name, the HealthBoxHR logo, and the product names associated with the Service are trademarks of HealthBoxHR or third parties, and no right or license is granted to use them. FEES AND RENEWAL Fees in relation to all Products and Services shall be calculated as described in the Pricing Plan, subject to clause 9.7. If there is no Trial Period specified on the Website in relation to a Product, Fees shall become due from Acceptance. If a Trial Period specified on the Website in relation to a Product, and the Client wishes to continue with a Product after a Trial Period, Fees shall be due from the first day following the Trial Period. In order to use any Products, the Client must prior to any Fees becoming due for the applicable Product: ensure that HealthBoxHR has Card Details for payment of the Fees, or at HealthBoxHR’ s sole discretion arrange for the payment of Fees by bank/ACH/Wire Transfer, failing which HealthBoxHR may immediately cease provision of access to the applicable Product in accordance with clause 12 "Termination Upon Expiration". The provision of any Card Details or bank/ACH/Wire Transfer, either upon the Effective Date or subsequently, shall be the Client's authorization to charge all Fees using that payment method. For the avoidance of doubt, HealthBoxHR shall be entitled to use any payment method provided for one Product (such as Card Details), for the payment of Fees due for any other Product. HealthBoxHR collects Fees in advance on the first day of the Period selected during the sign-up process in relation to the relevant Product which Fees are being charged (or the next Business Day): by charging the Client’s card using the Card Details, or if agreed by the client issuing a bank/ACH/Wire Transfer to HealthBoxHR bank account. For the avoidance of doubt, the Client may have different Fee collection dates for different Products. All payment obligations are non-cancellable, and all amounts paid are non-refundable, except where expressly stated otherwise in this Agreement. The Client is responsible for paying for all Products ordered for the entire License Term. If the Client wishes to amend the number of Users with access to the Product the Client must make any such amendment through the administration pages in the Website and any resulting adjustment to the Fees due as calculated in accordance with the Pricing Plan shall be reflected in the next Period (with any increase in Fees being payable at the start of the next Period). Fees for other Services or Products which are not specified in the Pricing Plan will be charged on an as-quoted basis. HealthBoxHR’ s Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in addition to the Fees and HealthBoxHR shall be entitled to charge such additional sums when collecting the Fees. All pricing terms are confidential, and the Client agrees not to disclose them to any third party. The Client warrants that it has provided HealthBoxHR with complete and accurate billing and contact information. The Client agrees to provide HealthBoxHR with updated information within 30 days of any change to it through the Client's administration page in the Website. If the contact information the Client has provided is false or fraudulent, HealthBoxHR reserves the right to terminate access to the Service in addition to any other legal remedies. HealthBoxHR is only available to corporate entities or organisations and all billing will be in £ sterling. If the Client believes their bill is incorrect, they must notify HealthBoxHR in writing within 30 days of the date of the disputed invoice, following which HealthBoxHR shall assess whether any adjustment or credit is due.
Appears in 1 contract
Sources: End User License Agreement (Eula)
License Grant & Restrictions. eMaint 1.1. Intertel Telecom hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint Intertel Telecom and its licensors.
1.2. You may not access the Service if you are a direct competitor of eMaintIntertel Telecom, or any business division of the Intertel Group, except with eMaintIntertel Telecom's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
1.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
1.4. You may use the Service only for your internal own business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Appears in 1 contract
Sources: Subscription Agreement
License Grant & Restrictions. eMaint Software AG hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint Software AG and its licensors. You may not access the Service if you are a direct competitor of eMaint, except with eMaint's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send submit or store infringingfalse, harmful, obscene, threatening, libelous, disparaging, unlawful tortious or otherwise unlawful or tortious materialobjectionable material (as determined by Software AG in its sole discretion), including including, without limitation, material harmful to children or violative of third party privacy rights; (iiiii) send submit or store material containing software viruses, worms, Trojan horses or other harmful harmful, disruptive or destructive computer code, files, scripts, agents or programsprograms that interferes with any third party's uninterrupted use and enjoyment of the Service; (iviii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viv) attempt to gain unauthorized access to the Service or its related systems or networks; (v) impersonate or represent Software AG, our staff or other industry professionals; (vi) solicit a user's password or other account information; (vii) harvest user names, addresses, or email addresses; or (viii) submit or store any copyrighted or trademarked materials without the express permission from the owner. This list of prohibitions provides examples and is not complete or exclusive. Software AG reserves the right to (a) terminate your access to your account, your ability to submit to this Site (or the Service) and (b) refuse, delete or remove, move or edit the data, in whole or in part, with or without cause and with or without notice, for any reason or no reason, or for any action that Software AG determines is inappropriate or disruptive to this Site and/or Service or to any other user of this Site and/or Service. Software AG may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Software AG' discretion, Software AG will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Appears in 1 contract
Sources: Terms of Use
License Grant & Restrictions. eMaint SIGNERA hereby grants you a non-exclusive, non-non- transferable, worldwide right to permit authorized Users (as defined below) to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint SIGNERA and its licensors. The attached Sales Order indicates the number of individual Licenses as to which you have been granted rights hereunder. Each License shall be associated with one (1) media player as set forth in the Sales Order. Licenses cannot be shared or used by more than one media player but may be reassigned from time to time to new media players. Multiple Users may utilize individual media players pursuant to the rights granted under the License associated with such media player. You may not access the Service if you are a direct competitor of eMaintSIGNERA in the business of selling digital signage to third parties, except with eMaintSIGNERA's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or or
(c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. The Service offers integration capabilities via an application programming interface, or API. The number of API calls you can make per account is limited to 1,000 calls/day/License (aggregated over all Licenses under the account), up to an aggregate maximum of 1,000,000 calls/day/account.
Appears in 1 contract
Sources: Subscription Agreement
License Grant & Restrictions. eMaint xAssets hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint xAssets and its licensors. You may not access the Service if you are a direct competitor of eMaintxAssets, except with eMaint's xAsset’s prior written consent. In addition, you You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party (other than affiliates bound to this agreement) the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "“links" ” to the Service or "“frame" ” or "“mirror" ” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer engineer, decompile, or otherwise access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Named User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall notnot intentionally: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) deliberately interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networksnetworks (vi) perform actions which are likely to or do have a substantial impact on network performance, bandwidth, CPU, Memory or disk usage of the hosting servers (vii) upon notification to instantly cease performing actions which xAssets reasonably claims are likely to have a substantial impact on network performance, bandwidth, CPU, Memory or disk usage of the hosting servers. The Service offers integration capabilities via an application programming interface, or API, or via a collection server. Where necessary you agree to allow these integrations to operate during the continuance of the service and will put processes and procedures in place to ensure that any collection servers and other resources within your network which effectively form part of this service are maintained to ensure commercially viable availability and security.
Appears in 1 contract
Sources: Master Service Agreement
License Grant & Restrictions. eMaint Appstation Ltd hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint and its licensors. Appstation Ltd. You may not access the Service if you are a direct competitor of eMaintAppstation Ltd, except with eMaintAppstation Ltd's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the ServiceUsers. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelouslibellous, or otherwise unlawful or tortious material, including material harmful to children or violative in violation of a third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.. You acknowledge that failure to adhere to these restrictions would amount to a serious and material breach by you of your contract with Appstation Ltd.
Appears in 1 contract
Sources: Terms of Use
License Grant & Restrictions. eMaint ComplianceBridge Corp. hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint ComplianceBridge Corp. and its licensors. You may not access the Service if you are a direct competitor of eMaintComplianceBridge Corp., except with eMaintComplianceBridge Corp.'s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Appears in 1 contract
Sources: Service Agreement
License Grant & Restrictions. eMaint VTS Software Ltd hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint VTS Software Ltd and its licensors. You may not access the Service if you are a direct competitor of eMaintVTS Software Ltd, except with eMaint's VTS Software Ltd’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; or (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelouslibellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized unauthorised access to the Service or its related systems or networks.
Appears in 1 contract
Sources: Master Subscription Agreement
License Grant & Restrictions. eMaint ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and its licensors. You may not access the Service if you are a direct competitor of eMaint▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, except with eMaint's ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data Customer Data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. Certain editions of the Service offer integration capabilities via an application programming interface, or “API”. You are limited to the use of the API as follows: 1,000 calls/day/User (aggregated over all Users under the account), up to an aggregate maximum of 1,000,000 calls/day/account. If you are ordering ▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇.▇▇▇ service through ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, then you will be granted access to the ▇▇▇▇▇.▇▇▇ platform facilities and also certain limited parts of the ▇▇▇▇▇▇▇▇▇▇.▇▇▇ CRM service as defined in the Service help text. You may not use CRM functions other than those described in the Service help text even if your account has access to them. If you require additional facilities of the salesforce CRM service you must order these additional services directly from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. If you are in any doubt as to what facilities you are permitted to use then please consult your ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ representative.
Appears in 1 contract
Sources: Master Subscription Agreement
License Grant & Restrictions. eMaint ▇▇▇▇▇.▇▇▇ hereby grants you a non-exclusive, non-transferable, worldwide restricted right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint ▇▇▇▇▇.▇▇▇ and its licensors. You may permit specific Users to use the Service, provided such Users are within the scope of your specific license and have a unique username and password. You may not access the Service if you are a direct competitor of eMaint▇▇▇▇▇.▇▇▇, except with eMaint's ▇▇▇▇▇.▇▇▇’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consentother than to your Users as set forth above; (ii) modify or make derivative works based upon of the Service or the Content; (iii) create externally-available Internet "links" links to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. You grant ▇▇▇▇▇.▇▇▇ and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information and the Customer Data in connection with the operation of the Service. ▇▇▇▇▇.▇▇▇ cannot and does not assume any responsibility or liability for any information you submit, or your, a User’s or third parties' use or misuse of information transmitted or received using ▇▇▇▇▇.▇▇▇ tools and services.
Appears in 1 contract
Sources: Master Subscription Agreement
License Grant & Restrictions. eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and its licensors. You may not access the Service if you are a direct competitor of eMaint▇▇▇▇▇▇▇▇▇▇.▇▇▇, except with eMaint▇▇▇▇▇▇▇▇▇▇.▇▇▇'s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. Certain editions of the Service offer integration capabilities via an application programming interface, or API. The number of API calls you can make per account is limited as follows (excluding calls resulting from use of ▇▇▇▇▇▇▇▇▇▇.▇▇▇ client applications, such as Offline Edition, and salesforce.com-certified AppExchange applications):
Appears in 1 contract
Sources: Master Subscription Agreement
License Grant & Restrictions. eMaint SCALABLE hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposespurposes for the duration of the License Term, subject to the terms and conditions of DIR Contract No. DIR-TSO-3629 and this AgreementAgreement and the constraints placed on the use of the Service as a result of the specific features you have subscribed to and the number of active computer images you wish to manage (“Active Computer Images”). All rights not expressly granted to you are reserved by eMaint SCALABLE and its licensors. You may not access the Service if you are a direct competitor of eMaintSCALABLE, except with eMaint's SCALABLE’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User individual, but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data Customer Data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Appears in 1 contract
Sources: Scalable Subscription Agreement
License Grant & Restrictions. eMaint Stilo hereby grants you Licensee a non-exclusive, non-transferable, worldwide right to use the Service, for the duration of the subscription period, solely for your Licensee’s own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you Licensee are reserved by eMaint ▇▇▇▇▇ and its licensors. You Licensee may not access the Service if you Licensee are a direct competitor of eMaintStilo, except with eMaint▇▇▇▇▇'s prior written consent. In addition, you Licensee may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You Licensee shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You Licensee may use the Service only for your Licensee’s internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelouslibellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Appears in 1 contract
Sources: End User License Agreement
License Grant & Restrictions. eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and its licensors. You may not access the Service if you are a direct competitor of eMaint▇▇▇▇▇▇▇▇▇▇.▇▇▇, except with eMaint's ▇▇▇▇▇▇▇▇▇▇.▇▇▇’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "“links" ” to the Service or "“frame" ” or "“mirror" ” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual Individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated their employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. Certain editions of the Service offer integration capabilities via an application programming interface, or API. The number of API calls you can make per account is limited as follows (excluding calls resulting from use of ▇▇▇▇▇▇▇▇▇▇.▇▇▇ client applications, such as Offline Edition, and salesforce.com-certified AppExchange applications): Enterprise Edition (and Professional Edition with API access add-on): 1,000 calls/day/User (aggregated over all Users under the account), up to an aggregate maximum of 1,000,000 calls/day/account.
Appears in 1 contract
License Grant & Restrictions. eMaint Helios hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint Helios and its licensors. You may not access the Service if you are a direct competitor of eMaintHelios, except with eMaint's Helios’ prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses canare per location (roof top, not be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Serviceworkstation). You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Appears in 1 contract
License Grant & Restrictions. eMaint DAS hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint DAS and its licensors. You may not access the Service if you are a direct competitor of eMaint, except with eMaint's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionalityDAS, or for any other benchmarking or competitive purposes, except with DAS’ prior written consent. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint's prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use using the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Appears in 1 contract