Common use of Ownership and Restrictions Clause in Contracts

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. ABM or its licensors retain all ownership and intellectual property rights to the services and ABM programs. ABM retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some ABM programs is specified in the program documentation or ordering document as applicable. Your right to use such third party technology is governed by the terms of the third party technology license agreement specified by ABM and not under the agreement. You may not: o remove or modify any program markings or any notice of ABM ’s or its licensors’ proprietary rights; o make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired); o modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ABM ; o disclose results of any services or program benchmark tests without ABM ’s prior written consent; and o license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, ABM programs or materials available, to any third party other than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user for usage of the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such user is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to use the product); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorized third parties from accessing the services.

Appears in 1 contract

Sources: End User Agreement

Ownership and Restrictions. You retain The Customer retains all ownership and intellectual property rights in and to your of Customer data. ABM CLS or its licensors retain all ownership and intellectual property rights to the services Services and ABM programsthe Centric Learning System. ABM CLS retains all ownership and intellectual property rights to anything developed and delivered under the agreementAgreement. Third party technology that may be appropriate or necessary for use with some ABM programs the Centric Learning System is specified in the program documentation or ordering document service Agreement as applicable. Your The Customer’s right to use such third third-party technology is governed by the terms of the third third-party technology license agreement specified by ABM CLS and not under the agreementAgreement. You The Customer may not: o remove □ Remove or modify any program markings or any notice of ABM CLS’s or its licensors’ proprietary rights; o make the programs or materials resulting from the services Services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have Services the Customer has acquired); o modify□ Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order Services to build or support, and/or assist a third party in building or supporting, products or services Services competitive to ABM Centric Learning Systems; o disclose □ Disclose results of any services Services or program benchmark tests without ABM ’s CLS prior written consent; and o license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the servicesServices, ABM programs Centric Learning System or materials available, to any third party other than, as expressly permitted under the terms of the agreementAgreement. The rights granted to you the Customer under the agreement Agreement are also conditioned on the following: • the □ The rights of any user for usage of licensed to use the services Services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such user license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the product); • except license) □ Except as expressly provided herein, no part of the services Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree □ The Customer agrees to make every reasonable effort to prevent unauthorized third parties from accessing the servicesServices.

Appears in 1 contract

Sources: Software as a Service Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. ABM Destiny or its licensors retain all ownership and intellectual property rights to the services and ABM Destiny programs. ABM Destiny retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some ABM Destiny programs is specified in the program documentation or ordering document as applicable. Your right to use such third party technology is governed by the terms of the third party technology license agreement specified by ABM Destiny and not under the agreement. You may not: o remove or modify any program markings or any notice of ABM Destiny’s or its licensors’ proprietary rights; o make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired); o modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ABM Destiny; o disclose results of any services or program benchmark tests without ABM Destiny’s prior written consent; and o license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, ABM Destiny programs or materials available, to any third party other than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user for usage of licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such user license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the productlicense); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorized third parties from accessing the services.

Appears in 1 contract

Sources: Software as a Service Agreement

Ownership and Restrictions. For the duration of the Trial Period, you have the nonexclusive, nontransferable, non-assignable, limited right to use the NEUTRINOS PLATFORM, subject to the terms of this agreement, and solely for your internal business purposes with fair usage policy to evaluate NEUTRNOS PLATFORM offering and not for any production or commercial purposes. You retain all ownership may allow your users to use the PLATFORM for this purpose and intellectual property rights in and you are responsible for your users’ compliance with this agreement. Upon the end of this agreement or the services hereunder, your right to your dataaccess or use the PLATFORM shall terminate. ABM NEUTRINOS or its licensors retain all ownership and intellectual property rights to the services and ABM NEUTRINOS programs. ABM retains all ownership , including derivative works thereof, and intellectual property rights to anything developed and delivered by NEUTRINOS under the agreement. Third party technology that may be appropriate or necessary for use with some ABM programs is specified in the program documentation or ordering document as applicable. Your right to use such third party technology is governed by the terms of the third party technology license agreement specified by ABM and not under the this agreement. You may not, and may not cause or permit others to: o remove or modify any program or services markings or any notice of ABM NEUTRINOS’s or its licensors’ proprietary rights; o make the PLATFORM offering, including any NEUTRINOS programs or materials resulting from the services to which you are provided access, available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired); o modify, make derivative works of, disassemble, reverse compile, reverse engineer, reproduce, distribute, republish or reverse engineer download any part of the services (the foregoing prohibition includes prohibitions include but is are not limited to review of data structures or similar materials produced by NEUTRINOS programs), or access or use the PLATOFRM SOFTWARE or services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ABM NEUTRINOS; o disclose results of any benchmark tests or performance tests of the services or program benchmark tests NEUTRINOS programs without ABM NEUTRINOS’s prior written consent;  perform or disclose any of the following security testing of the PLATFORM SOFTWARE and o Services Environment or associated infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and  license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the NEUTRINOS PLATFORM offering and any services, ABM NEUTRINOS programs or materials available, to any third party other thanparty. USER ACCOUNTS To use the NEUTRINOS PLATFORM SOFTWARE trial license, as expressly permitted under the terms you must have a NEUTRINOS PLATFORM trial account. Access to and use of password protected or secure areas of the agreementTrial software is restricted to authorized users only. The rights granted You may not share your password(s), account information, or access to the Trial software. By federating or otherwise associating your and your users’ Single Sign-On with NEUTRINOS, you accept responsibility for timely and proper termination of user records in your local (intranet) identity infrastructure and on your local computers. NEUTRINOS is not liable for any harm caused by users, including individuals who were not authorized to have access to the services but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in your local identity management infrastructure or your local computers. You are responsible for all activities that occur under your and your users’ passwords or accounts or as a result of your or your users’ access to the agreement are also conditioned on the following: • the rights Trial site or software and agree to notify NEUTRINOS immediately of any user for usage of the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such user is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to use the product); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you unauthorized use. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the servicesTrial.

Appears in 1 contract

Sources: End User Trial License Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. ABM Standpoint or its licensors retain all ownership and intellectual property rights to the services and ABM FieldServio programs. ABM Standpoint retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third Third-party technology that may be appropriate or necessary for use with some ABM FieldServio programs is specified in the program documentation or ordering document as applicable. Your right to use such third third-party technology is governed by the terms of the third third-party technology license agreement specified by ABM Standpoint and not under the agreement. You may not: o remove or modify any program markings or any notice of ABM Standpoint’s or its licensors’ proprietary rights; o . • make the programs or materials resulting from the services available in any manner to any third third-party for use in the third third-party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired); o . • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third third-party in building or supporting, products or services competitive to ABM FieldServio programs; o disclose results of any services or program benchmark tests without ABM Standpoint’s prior written consent; and o license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, ABM FieldServio programs or materials available, to any third third-party other than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user for usage of licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such user license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the productlicense); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you You agree to make every reasonable effort to prevent unauthorized third parties from accessing the services.

Appears in 1 contract

Sources: Software as a Service Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your datadata and/or your documents. ABM Symtrax or its licensors retain all ownership and intellectual property rights to the services and ABM Symtrax programs. ABM Symtrax retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some ABM Symtrax programs is specified in the program documentation or ordering document order form as applicable. Your right to use such third party technology is governed by the terms of the third party technology license agreement specified by ABM Symtrax and not under the agreement. You may not: o remove or modify any program markings or any notice of ABM Symtrax’s or its licensors’ proprietary rights; o make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired); o modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs)services, or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ABM Symtrax; o disclose results of any services or program benchmark tests without ABM Symtrax’s prior written consent; and o license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, ABM Symtrax programs or materials available, to any third party other than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user for usage of licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such user license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the product)license; • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorized third parties from accessing the services. If you intend to use the services as an Application Service Provider or Software as a Service you must notify Symtrax in writing prior to such use, specifically identifying the complete configuration, intent and extent of use of the software, and pay additional fee(s).

Appears in 1 contract

Sources: Online Services Terms of Use