Common use of Prohibited Actions Clause in Contracts

Prohibited Actions. 14.1 Opera shall not, and shall not knowingly allow any third party to (and shall require that Third Party Distributors do not, and do not knowingly allow any third party to): (a) modify, obscure or prevent the display of all, or any part of, any Results; (b) edit, filter, truncate, append terms to or otherwise modify any search query entered into a Search Access Point; (c) implement any click tracking or other monitoring of Results; (d) display any Results in pop-ups, pop-unders, exit windows, expanding buttons, animation or other similar methods; (e) interfere with the display of or frame any Search Results Page or any page accessed by clicking on any Results; (f) (without prejudice to the generality of clause 14.1(e) above) edit, modify, truncate, filter or change the order of the information contained on any Search Results Page, including but not limited to commingling any Search Results and/or Ads with search and/or advertising results provided by a third party; (g) (without prejudice to the generality of clause 14.1(e) above) minimise, remove or otherwise inhibit the full and complete display of any Search Results Page (including any Search Results and/or Ads) and/or the corresponding Destination Pages; (h) display any content between any Results and the corresponding Destination Page or place any interstitial content immediately before any Search Results Page; (i) save to the extent permitted pursuant to clause 13.6 of this Agreement above, enter into any type of co-branding, white labelling, syndication or subsyndication arrangement with any third party in connection with any Google Product, any Results or Ad Revenue (including any arrangement under which a third party pays to or receives from Opera any fees, revenue share or other amounts in return for the display of Results and/or access to Google Products); (j) transfer, sell, lease, lend or use for timesharing, service bureau or other unauthorised purposes, the Google Products or access thereto (including, but not limited to Search Results and/or Ads, or any part, copy or derivative thereof); (k) directly or indirectly, (i) offer incentives to End Users or any other persons to generate Search Queries or clicks on Results, (ii) fraudulently (or through any automated, deceptive or other invalid means, including, but not limited to, click spam, robots, macro programs, and Internet agents) generate Search Queries or clicks on Results or (iii) modify Search Queries or clicks on Results; (l) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from the Google Search Service (including any Results); (m) redirect an End User away from a Search Results Page and/or a Destination Page; (n) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the Google Products (including on any Search Results Page), or any other Google technology, software, materials and documentation provided to Opera in connection with this Agreement; (o) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Google Search Service, Google data protocols or any other Google Product or Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials and documentation; (p) place or associate anything on or near any Search Access Point or the Google Search Service that in any way implies that Google is responsible for any content, information or web site accessed via any Google products or services; (q) create or attempt to create a substitute or similar service or product through use of or access to any of the Google Products or proprietary information related thereto; (r) provide End Users with access (directly or indirectly) to any Results or Google Products using any application, plug-in, helper, component or other executable code that runs on a user’s computer. For the avoidance of doubt, an End User using any browser add-ons or third party extension hosted by Opera (prior to such add-on or extension being taken down pursuant to Opera’s standard take-down procedure) to access such Results or Google Products shall not be considered a Prohibited Action; (s) display on any web site which is distributed by Opera with an Included Opera Browser, the Existing Install Base, or otherwise promoted by Opera to End Users of an Included Opera Browser and/or the Existing Install Base in connection with their use of the Included Opera Browser, the Existing Install Base and/or any content that violates or encourages conduct that would violate any applicable laws, any third party rights or the Google Technical Protocols; (t) distribute the Google Products, either in whole or in part, in any way or to any other person, other than as permitted by this Agreement, without the prior written consent of Google or for unauthorised purposes; (u) serve or otherwise place any advertisements within or on top of any Search Access Point; (v) block or otherwise take any action to prevent or hinder access by End Users to the Google Products, Search Access Points or to any information required to use Google applications or services, except to the extent that standard content filtering solutions such as IWF filtering and filtering solutions required by Opera's Third Party Distributors or by regulatory authorities would filter any such information; (w) enable or allow any third party to access or use any User Personal Data related to Google’s Products (unless aggregated and anonymised) or any Client ID; (x) enable or permit Scraping; or (y) insert into the Included Opera Browser or the Existing Install Base any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cause a Google Product to cease operating, or to damage, interrupt, allow access to or interfere with a Google Product. 14.2 Opera shall, and shall require that Third Party Distributors, take appropriate measures to prevent any third party from carrying out any of the activities in clause 14.1, where it is reasonably possible for such measures to be implemented.

Appears in 7 contracts

Sources: Google Distribution Agreement (Opera LTD), Google Distribution Agreement, Google Distribution Agreement

Prohibited Actions. 14.1 Opera Customer shall not, and shall not knowingly allow any third party to (and shall require that Third Party Distributors do not, and do not knowingly allow any third party to):: (a) modify, obscure or prevent the display of all, or any part of, any Results; (b) edit, filter, truncate, append terms to or otherwise modify any search query entered into a Search Access Point; (c) implement any click tracking or other monitoring of Results; (d) display any Results in pop-ups, pop-unders, exit windows, expanding buttons, animation or other similar methods; (e) interfere with the display of or frame any Search Results Page or any page accessed by clicking on any Results; (f) (without prejudice to the generality of clause 14.1(e) above) edit, modify, truncate, filter or change the order of the information contained on any Search Results Page, including but not limited to commingling in any Search Results and/or Ads Advertising Results (either individually or collectively), including, without limitation, by way of commingling Search Results and/or Advertising Results with non-Google provided search and/or results or advertising results provided by a third partyexcept as permitted in this Rider; (gb) frame any Results Page or Destination Page; (without prejudice c) redirect a Subscriber away from the Destination Page, provide a version of the Destination Page different from the page a Subscriber would access by going directly to the generality Destination Page, intersperse any content between an Advertising Result or Search Result and the corresponding Destination Page or implement any click tracking or other monitoring of clause 14.1(eAdvertising Results or Search Results; (d) abovedisplay any Search Results and/or Advertising Results in pop-up, pop-under, exit windows, expanding buttons, or animation; (e) minimiseknowingly display any Search Results and/or Advertising Results to any third parties other than Subscribers of the services provided in this Rider; (f) knowingly minimize, remove or otherwise inhibit the full and complete display of any Search Results Page (including any Search Results and/or Ads) and/or Advertising Results), and the corresponding Destination Pages; (g) [intentionally left blank] (h) display knowingly access, launch and/or activate the Google services through or from, or otherwise incorporate the Google services in, any content between any Results software application, Web site or other means other than the Site(s), and then only to the corresponding Destination Page or place any interstitial content immediately before any Search Results Pageextent expressly permitted herein; (i) save to the extent permitted pursuant to clause 13.6 of this Agreement above, enter into any type of co-branding, white labelling, syndication or subsyndication arrangement with any third party in connection with any Google Product, any Results or Ad Revenue (including any arrangement under which a third party pays to or receives from Opera any fees, revenue share or other amounts in return for the display of Results and/or access to Google Products); (j) transfer, sell, lease, lend syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorised purposes, the unauthorized purposes any Google Products services or access thereto (including, but not limited to Search Results and/or AdsAdvertising Results, or any part, copy or derivative thereof), except as permitted by this Rider; (j) enter into any arrangement or agreement under which any third party pays Customer fees, Customer pays any third party fees, or either shares in any revenue payments and/or royalties for any Search Results and/or Advertising Results; (k) knowingly (whether directly or indirectly) generate queries, (i) offer incentives to End Users or any other persons to generate Search Queries impressions of or clicks on Search or Advertising Results, (ii) fraudulently (or through any automated, deceptive deceptive, fraudulent or other invalid means, unnatural means (including, but not limited to, click spam, robots, macro programs, and Internet agents) generate Search Queries or clicks on Results or (iii) modify Search Queries or clicks on Results); (l) knowingly encourage or require Subscriber or any other persons, either with or without their knowledge, to click on Advertising Results through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent (each of the foregoing in subsections (k) and (l) a crawlFraudulent Act, “spider”, index or in any non-transitory manner store or cache information obtained from the Google Search Service (including any Results); (m) redirect an End User away from a Search Results Page and/or a Destination Page; (n) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the Google Products (including on any Search Results Page), or any other Google technology, software, materials and documentation provided to Opera in connection with this Agreement; (o) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Google services, the Google Search Service, Google data protocols or any other Google Product or Google technologyProtocol, content, data, routines, algorithms, methodssoftware, ideas designmaterials, user interface techniquesand documentation that Google provides to Customer in connection with the Google services; (n) remove, deface, obscure, or alter Google’s copyright notice, trademarks or other proprietary rights notices on any of the Sites or any attribution affixed to or provided as a part of any Google services, the Google Protocol, or any other Google technology, software, materials and documentation;; or (po) place “crawl”, “spider”, index or associate anything on in any non-transitory manner store or near any Search Access Point or cache information obtained from the Google services (including, but not limited to, Search Service that in Results, Advertising Results, Local Content, or any way implies that Google is responsible part, copy or derivative thereof). Further, except for specific portions of the Site(s) over which Customer does not exert editorial control, no Site or approved Customer Desktop Application shall contain any contentpornographic, information hate-related or web site accessed via violent content or contain any Google other material, products or services; (q) create services that violate or attempt to create a substitute or similar service or product through use of or access to any of the Google Products or proprietary information related thereto; (r) provide End Users with access (directly or indirectly) to any Results or Google Products using any application, plug-in, helper, component or other executable code that runs on a user’s computer. For the avoidance of doubt, an End User using any browser add-ons or third party extension hosted by Opera (prior to such add-on or extension being taken down pursuant to Opera’s standard take-down procedure) to access such Results or Google Products shall not be considered a Prohibited Action; (s) display on any web site which is distributed by Opera with an Included Opera Browser, the Existing Install Base, or otherwise promoted by Opera to End Users of an Included Opera Browser and/or the Existing Install Base in connection with their use of the Included Opera Browser, the Existing Install Base and/or any content that violates or encourages encourage conduct that would violate any criminal laws or any other applicable laws. Notwithstanding the foregoing, any the restrictions in the previous sentence do not apply to third party rights Web sites or content to which the Sites or approved Customer Desktop Applications link or any other content, information or data provided by Google, Subscribers or other third parties. Notwithstanding the above, if Google reasonably believes that that specific portions of the Site(s) or approved Customer Desktop Application(s) contain the improper matter (whether Customer exerts editorial control or not) as identified in this paragraph or links to a substantial amount of improper matter of the nature identified in this paragraph, then Google may notify Customer (with reasonable specificity of the problematic portions of the Site(s) or Customer Desktop Application(s)) and Customer agrees to use commercially reasonable efforts to either (i) promptly remove the Google Technical Protocols; services from those specific portions of the Site(s) or Customer Desktop Application(s) after receiving such notice or (tii) remove the improper matter or links to improper matter from those specific portions of the Site(s) or Customer Desktop Application(s) after receiving such notice. Customer agrees not to knowingly produce or distribute any software, or permit any of its software to be distributed with software, that prevents the display of ads provided by Google Products(such as by way of blocking or replacing ads); provided that Customer may offer advertising and pop-up blocking software to Subscribers; provided, either in whole or in partthat if any such software functions to block ads served by Google, in any way or to any other personthen upon notice from Google, other than as permitted by this Agreement, without the prior written consent of Google or for unauthorised purposes; (u) serve or otherwise place any advertisements within or on top of any Search Access Point; (v) block or otherwise take any action to prevent or hinder access by End Users to the Google Products, Search Access Points or to any information required Customer agrees to use commercially reasonable efforts to promptly remove or modify such software such that it does not block Google applications or services, except to the extent that standard content filtering solutions such as IWF filtering and filtering solutions required by Opera's Third Party Distributors or by regulatory authorities would filter any such information; (w) enable or allow any third party to access or use any User Personal Data related to Google’s Products (unless aggregated and anonymised) or any Client ID; (x) enable or permit Scraping; or (y) insert into the Included Opera Browser or the Existing Install Base any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cause a Google Product to cease operating, or to damage, interrupt, allow access to or interfere with a Google Productserved ads. 14.2 Opera shall, and shall require that Third Party Distributors, take appropriate measures to prevent any third party from carrying out any of the activities in clause 14.1, where it is reasonably possible for such measures to be implemented.

Appears in 4 contracts

Sources: Google Products and Services Agreement (Clearwire Corp /DE), Google Products and Services Agreement (New Clearwire CORP), Google Products and Services Agreement (New Clearwire CORP)

Prohibited Actions. 14.1 Opera Customer shall not, and shall not knowingly allow any third party to (and shall require that Third Party Distributors do not, and do not knowingly allow authorize any third party to):: (a) modify, obscure or prevent the display of all, or any part of, any Results; (b) edit, filter, truncate, append terms to or otherwise modify any search query entered into a Search Access Point; (c) implement any click tracking or other monitoring of Results; (d) display any Results in pop-ups, pop-unders, exit windows, expanding buttons, animation or other similar methods; (e) interfere with the display of or frame any Search Results Page or any page accessed by clicking on any Results; (f) (without prejudice to the generality of clause 14.1(e) above) edit, modify, truncate, filter or change the order of the information contained on in any Search Paid Results, including, without limitation, by way of commingling Paid Results with non-Google provided search results or advertising: (b) frame any Results Page or Destination Page, including but not limited to commingling any Search Results and/or Ads with search and/or advertising results provided by a third party; (gc) (without prejudice redirect an End User away from the Landing Page or Destination Page, provide a version of the Landing Page or Destination Page different from the page an End User would access by going directly to the generality of clause 14.1(eLanding Page or Destination Page or intersperse any content between a Paid Result and the corresponding Landing Page or Destination Page; (d) aboveexcept as otherwise permitted in an Order Form, display any Paid Results in pop-up, pop-under, exit windows, expanding buttons, or animation; (e) minimisedisplay any Paid Results to any third parties other than End Users; (f) minimize, remove or otherwise inhibit Inhibit the full and complete display of any Search Results Page (including any Search Results and/or Ads) and/or Paid Results), and the corresponding Landing Pages or Destination PagesPage; (g) produce or distribute any software, or permit any of its software to be distributed with software, that prevents the display of ads provided by Google (such as by way of blocking or replacing ads); (h) display directly or indirectly access, launch and/or activate the Services through or from, or otherwise incorporate the Services In, any content between software application, Including Customer’s s▇▇▇.▇▇▇ (or any Results successor) toolbar, downloadable application, Web site or other PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. means other than the Site(s), and then only to the corresponding Destination Page or place any interstitial content immediately before any Search Results Pageextent expressly permitted herein; (i) save to the extent permitted pursuant to clause 13.6 of this Agreement above, enter into any type of co-branding, white labelling, syndication or subsyndication arrangement with any third party in connection with any Google Product, any Results or Ad Revenue (including any arrangement under which a third party pays to or receives from Opera any fees, revenue share or other amounts in return for the display of Results and/or access to Google Products); (j) transfer, sell, lease, lend syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorised purposes, the Google Products unauthorized purposes any Services or access thereto (including, but not limited to Search Results and/or AdsPaid Results, or any part, copy or derivative thereof), except as expressly permitted herein or an Order Form; (j) enter into any arrangement or agreement under which any third party pays Customer fees, Customer pays any third party fees, or either shares in any revenue payments and/or royalties for any Paid Results except as expressly permitted herein or an Order Form; (k) directly or indirectlyindirectly generate queries, (i) offer incentives to End Users or any other persons to generate Search Queries impressions of or clicks on Paid Results, (ii) fraudulently (or through any automated, deceptive deceptive, fraudulent or other invalid means, means (including, but not limited to, click spam, robots, macro programs, and Internet agents); or (l) generate Search Queries encourage or clicks require End Users or any other persons, either with or without their knowledge, to click on Paid Results through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent (iiieach of the foregoing in subsections (k) modify Search Queries and (l) a “Fraudulent Act”). (m) modify, adopt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or clicks on Resultsotherwise attempt to derive source code from any Services, the Google Protocol, or any other Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (ln) remove, deface, obscure, or altar Google’s copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Services, the Google Protocol, or any other Google technology, software, materials and documentation; (o) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from the Google Search Service Services (including including, but not limited to, Paid Results, or any Resultspart, copy or derivative thereof); (m) redirect an End User away from a Search Results Page and/or a Destination Page; (n) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the Google Products (including on any Search Results Page), or any other Google technology, software, materials and documentation provided to Opera in connection with this Agreement; (o) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Google Search Service, Google data protocols or any other Google Product or Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials and documentation; (p) place or associate anything on or near any Search Access Point or the Google Search Service that in any way implies that Google is responsible for any content, information or web site accessed via any Google products or services; (q) create or attempt to create a substitute or similar service or product through use of or access to any of the Google Products Services or proprietary information related thereto;; or (rq) provide End Users with access (directly either intentionally engage in any action or indirectly) to any Results or practice that reflects poorly on Google Products using any application, plug-in, helper, component or other executable code that runs on a user’s computer. For the avoidance of doubt, an End User using any browser add-ons or third party extension hosted by Opera (prior to such add-on or extension being taken down pursuant to Opera’s standard take-down procedure) to access such Results or Google Products shall not be considered a Prohibited Action; (s) display on any web site which is distributed by Opera with an Included Opera Browser, the Existing Install Base, or otherwise promoted by Opera to End Users disparages or devalues Google’s reputation or goodwill; or, Inadvertently engage in any action or practice that reflects poorly on Google or otherwise disparages or devalues Google’s reputation or goodwill and not cure within 5 days of an Included Opera Browser and/or the Existing Install Base in connection with their use of the Included Opera BrowserGoogle’s notice thereof. Further, the Existing Install Base and/or no Site shall contain any pornographic, hate-related or violent content or contain any other material, products or services that violates violate or encourages encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights rights. Notwithstanding anything, in this GSA, any Order Form, or the Google Technical Protocols; Implementation Guide, Customer shall not be prohibited from collecting End User data if (ta) distribute the Google Products, either in whole purpose for collecting such information is clearly and unambiguously stated or in part, in any way or disclosed to any other person, other than as permitted by this Agreement, without the prior written consent of Google or for unauthorised purposes; (u) serve or otherwise place any advertisements within or on top of any Search Access Point; (v) block or otherwise take any action to prevent or hinder access by End Users prior to the Google Productscollection of personal End user data, Search Access Points or to any information required to use Google applications or services, except to the extent that standard content filtering solutions such as IWF filtering and filtering solutions required by Opera's Third Party Distributors or by regulatory authorities would filter any such information; (wb) enable or allow any third party to access or use any User Personal Data related to Google’s Products (unless aggregated and anonymised) or any Client ID; it is done (x) enable or permit Scraping; or in accordance with its published privacy policy, which shall be clear and readily accessible to End Users, and (y) insert into with the Included Opera Browser affirmative consent of End Users, (c) Customer shall provide each End User the ability to opt out or the Existing Install Base unsubscribe to any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cause a Google Product to cease operating, or to damage, interrupt, allow access to or interfere marketing by Customer without undue effort by such End User; and (d) Customer’s collection and use of such data shall at all times comply with a Google Productapplicable law. 14.2 Opera shall, and shall require that Third Party Distributors, take appropriate measures to prevent any third party from carrying out any of the activities in clause 14.1, where it is reasonably possible for such measures to be implemented.

Appears in 2 contracts

Sources: Google Services Agreement (NameMedia, Inc.), Google Services Agreement (NameMedia, Inc.)

Prohibited Actions. 14.1 Opera Unless otherwise approved by Google in writing and provided that the standard of care Yahoo! uses to monitor the Services is the same standard of care Yahoo! uses to monitor the Yahoo! Properties, Yahoo! shall not, and Yahoo! shall not authorize, knowingly allow or knowingly permit any third party to (and shall require that Third Party Distributors do not, and do not knowingly allow any third third-party to): : (a) modifyexcept as expressly permitted in Section 2.11 (Filtering and Blocking) and [*], obscure or prevent the display of all, or any part of, any Results; (b) edit, filter, truncate, append terms to or otherwise modify any search query entered into a Search Access Point; (c) implement any click tracking or other monitoring of Results; (d) display any Results in pop-ups, pop-unders, exit windows, expanding buttons, animation or other similar methods; (e) interfere with the display of or frame any Search Results Page or any page accessed by clicking on any Results; (f) (without prejudice to the generality of clause 14.1(e) above) edit, modify, truncate, filter or change the order of the information contained in any Advertising Results (either individually or collectively), including, without limitation, by way of interspersing non-Google advertising within any Results [*] Indicates that certain information in this exhibit has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions Set on a Results Page ([*], with no non-Google advertising interspersed among the Ads [*]); (b) frame any Search Results Destination Page; (c) redirect an End User away from the Destination Page, including but not limited to commingling any Search Results and/or Ads with search and/or advertising results provided provide a version of the Destination Page different from the page an End User would access by a third party; (g) (without prejudice going directly to the generality Destination Page, intersperse any content between an Advertising Result and the corresponding Destination Page or implement any click tracking or other monitoring of clause 14.1(eAdvertising Results, except as otherwise explicitly permitted in Section 2.21.4 (Permitted Click Tracking); (d) abovedisplay any Advertising Results in pop-up, pop-under, exit windows, expanding buttons, or animation [*], except as mutually agreed; (e) minimiseminimize, remove or otherwise inhibit the full and complete display of any Search Results Page, including any Advertising Results (other than as a result of normal web page rendering, [*], or End User interactions with the Results Page (including which may include End Users moving, hiding and unhiding the Ads using animation)); [*]; (f) directly or indirectly access, launch or activate the Services through or from, or otherwise incorporate the Services in, any Search Results and/or Ads) and/or software application, web site or other means other than the corresponding Destination Pages; (h) display any content between any Results Properties or AFS Client Applications, and the corresponding Destination Page or place any interstitial content immediately before any Search Results Page; (i) save then only to the extent expressly permitted pursuant herein; (g) except to clause 13.6 of this Agreement abovethe extent expressly permitted herein, enter into any type of co-branding, white labelling, syndication or subsyndication arrangement with any third party in connection with any Google Product, any Results or Ad Revenue (including any arrangement under which a third party pays to or receives from Opera any fees, revenue share or other amounts in return for the display of Results and/or access to Google Products); (j) transfer, sell, lease, lend syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorised purposes, the Google Products unauthorized purposes any Services or access thereto (including, but not limited to Search Results and/or AdsAdvertising Results, or any part, copy or derivative thereof); ; (kh) directly enter into any arrangement or indirectlyagreement under which any third-party pays Yahoo! fees, (i) offer incentives to End Users Yahoo! pays any third-party fees, or either shares in any other persons to generate Search Queries revenue payments or clicks on Resultsroyalties for any Advertising Results [*], (ii) fraudulently to the extent expressly permitted in Section 2.4 (Yahoo! Partner Properties), [*]; (i) directly or indirectly generate Queries, or impressions of or clicks on Advertising Results, through any automated, deceptive deceptive, fraudulent or other invalid means, means (including, but not limited to, click spam, robots, macro programs, and Internet agents); (j) generate Search Queries encourage or clicks on Results or (iii) modify Search Queries or clicks on Results; (l) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from the Google Search Service (including any Results); (m) redirect an require End User away from a Search Results Page and/or a Destination Page; (n) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the Google Products (including on any Search Results Page), Users or any other Google technologypersons, softwareeither with or without their knowledge, materials and documentation provided to Opera in connection with this Agreement; (o) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Google Search Service, Google data protocols click on Advertising Results through offering incentives or any other Google Product methods that are manipulative, deceptive, malicious or Google technologyfraudulent (each of the foregoing in subsections (i) and (j), content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials and documentation; a “Fraudulent Act”); (pk) place implement Ads on Parked Domains or associate anything access the AFS Service or AFC Service on or near any Search Access Point or from the Google Search Service Parked Domains; [*] Indicates that certain information in any way implies that Google is responsible for any content, information or web site accessed via any Google products or services; (q) create or attempt to create a substitute or similar service or product through use of or access to any of this exhibit has been omitted and filed separately with the Google Products or proprietary information related thereto; (r) provide End Users Securities and Exchange Commission. Confidential treatment has been requested with access (directly or indirectly) to any Results or Google Products using any application, plug-in, helper, component or other executable code that runs on a user’s computer. For the avoidance of doubt, an End User using any browser add-ons or third party extension hosted by Opera (prior to such add-on or extension being taken down pursuant to Opera’s standard take-down procedure) to access such Results or Google Products shall not be considered a Prohibited Action; (s) display on any web site which is distributed by Opera with an Included Opera Browser, the Existing Install Base, or otherwise promoted by Opera to End Users of an Included Opera Browser and/or the Existing Install Base in connection with their use of the Included Opera Browser, the Existing Install Base and/or any content that violates or encourages conduct that would violate any applicable laws, any third party rights or the Google Technical Protocols; (t) distribute the Google Products, either in whole or in part, in any way or to any other person, other than as permitted by this Agreement, without the prior written consent of Google or for unauthorised purposes; (u) serve or otherwise place any advertisements within or on top of any Search Access Point; (v) block or otherwise take any action to prevent or hinder access by End Users respect to the Google Products, Search Access Points or to any information required to use Google applications or services, except to the extent that standard content filtering solutions such as IWF filtering and filtering solutions required by Opera's Third Party Distributors or by regulatory authorities would filter any such information; (w) enable or allow any third party to access or use any User Personal Data related to Google’s Products (unless aggregated and anonymised) or any Client ID; (x) enable or permit Scraping; or (y) insert into the Included Opera Browser or the Existing Install Base any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cause a Google Product to cease operating, or to damage, interrupt, allow access to or interfere with a Google Product. 14.2 Opera shall, and shall require that Third Party Distributors, take appropriate measures to prevent any third party from carrying out any of the activities in clause 14.1, where it is reasonably possible for such measures to be implemented.omitted portions

Appears in 1 contract

Sources: Services Agreement

Prohibited Actions. 14.1 Opera Unless otherwise approved by Google in writing and provided that the standard of care Yahoo! uses to monitor the Services is the same standard of care Yahoo! uses to monitor the Yahoo! Properties, Yahoo! shall not, and Yahoo! shall not authorize, knowingly allow or knowingly permit any third party to (and shall require that Third Party Distributors do not, and do not knowingly allow any third third-party to):: (a) modifyexcept as expressly permitted in Section 2.11 (Filtering and Blocking) and [*], obscure or prevent the display of all, or any part of, any Results; (b) edit, filter, truncate, append terms to or otherwise modify any search query entered into a Search Access Point; (c) implement any click tracking or other monitoring of Results; (d) display any Results in pop-ups, pop-unders, exit windows, expanding buttons, animation or other similar methods; (e) interfere with the display of or frame any Search Results Page or any page accessed by clicking on any Results; (f) (without prejudice to the generality of clause 14.1(e) above) edit, modify, truncate, filter or change the order of the information contained in any Advertising Results (either individually or collectively), including, without limitation, by way of interspersing non-Google advertising within any Results [*] Indicates that certain information in this exhibit has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions Set on any Search a Results PagePage ([*], including but not limited to commingling any Search Results and/or with no non-Google advertising interspersed among the Ads with search and/or advertising results provided by a third party[*]); (gb) frame any Destination Page; (without prejudice c) redirect an End User away from the Destination Page, provide a version of the Destination Page different from the page an End User would access by going directly to the generality Destination Page, intersperse any content between an Advertising Result and the corresponding Destination Page or implement any click tracking or other monitoring of clause 14.1(eAdvertising Results, except as otherwise explicitly permitted in Section 2.21.4 (Permitted Click Tracking); (d) abovedisplay any Advertising Results in pop-up, pop-under, exit windows, expanding buttons, or animation [*], except as mutually agreed; (e) minimiseminimize, remove or otherwise inhibit the full and complete display of any Search Results Page, including any Advertising Results (other than as a result of normal web page rendering, [*], or End User interactions with the Results Page (including any Search Results and/or Ads) and/or which may include End Users moving, hiding and unhiding the corresponding Destination PagesAds using animation)); [*]; (hf) display directly or indirectly access, launch or activate the Services through or from, or otherwise incorporate the Services in, any content between any Results software application, web site or other means other than the Properties or AFS Client Applications, and then only to the corresponding Destination Page or place any interstitial content immediately before any Search Results Pageextent expressly permitted herein; (ig) save except to the extent expressly permitted pursuant to clause 13.6 of this Agreement aboveherein, enter into any type of co-branding, white labelling, syndication or subsyndication arrangement with any third party in connection with any Google Product, any Results or Ad Revenue (including any arrangement under which a third party pays to or receives from Opera any fees, revenue share or other amounts in return for the display of Results and/or access to Google Products); (j) transfer, sell, lease, lend syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorised purposes, the Google Products unauthorized purposes any Services or access thereto (including, but not limited to Search Results and/or AdsAdvertising Results, or any part, copy or derivative thereof); (kh) directly enter into any arrangement or indirectlyagreement under which any third-party pays Yahoo! fees, (i) offer incentives to End Users Yahoo! pays any third-party fees, or either shares in any other persons to generate Search Queries revenue payments or clicks on Resultsroyalties for any Advertising Results [*], (ii) fraudulently to the extent expressly permitted in Section 2.4 (Yahoo! Partner Properties), [*]; (i) directly or indirectly generate Queries, or impressions of or clicks on Advertising Results, through any automated, deceptive deceptive, fraudulent or other invalid means, means (including, but not limited to, click spam, robots, macro programs, and Internet agents) generate Search Queries or clicks on Results or (iii) modify Search Queries or clicks on Results; (l) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from the Google Search Service (including any Results); (mj) redirect an encourage or require End User away from Users or any other persons, either with or without their knowledge, to click on Advertising Results through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent (each of the foregoing in subsections (i) and (j), a Search Results Page and/or a Destination Page“Fraudulent Act”); (nk) implement Ads on Parked Domains or access the AFS Service or AFC Service on or from the Parked Domains; [*] Indicates that certain information in this exhibit has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions (l) remove, deface, obscure, or alter Google's ’s copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Services, the Google Products (including on AFS Protocol, the AFC Protocol none of which will be displayed to End Users as part of the Services or in any Search Ad Results, other than Ad Results Page)for Google’s own products and services that are not otherwise blocked or filtered as requested by Yahoo!, or any other Google technology, technology (including software, ) materials and documentation Documentation, provided that if Google transmits any such trademark or proprietary rights notice with the Ad Result when Yahoo! has not agreed to Opera include such trademark or proprietary rights notice, then Yahoo! may remove such trademark or proprietary rights notice unless the trademark is directly related to the content in connection with this Agreement;the Ad Result; and (om) modifyin any non-transitory manner, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble store or otherwise attempt to derive source code from the Google Search Service, Google data protocols cache Advertising Results or any other Google Product or Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials and documentation; (p) place or associate anything on or near any Search Access Point or the Google Search Service that in any way implies that Google is responsible for any content, information or web site accessed via any Google products or services; (q) create or attempt to create a substitute or similar service or product through use of or access to any of the Google Products or proprietary information related thereto; (r) provide End Users with access (directly or indirectly) to any Results or Google Products using any application, plug-in, helper, component or other executable code that runs on a user’s computer. For the avoidance of doubt, an End User using any browser add-ons or third party extension hosted by Opera (prior to such add-on or extension being taken down pursuant to Opera’s standard take-down procedure) to access such Results or Google Products shall not be considered a Prohibited Action; (s) display on any web site which is distributed by Opera with an Included Opera Browser, the Existing Install Base, or otherwise promoted by Opera to End Users of an Included Opera Browser and/or the Existing Install Base in connection with their use of the Included Opera Browser, the Existing Install Base and/or any content that violates or encourages conduct that would violate any applicable laws, any third party rights or the Google Technical Protocols; (t) distribute the Google Products, either in whole or in part, in any way copy or to any other person, other than as permitted by this Agreement, without the prior written consent of Google or for unauthorised purposes; (u) serve or otherwise place any advertisements within or on top of any Search Access Point; (v) block or otherwise take any action to prevent or hinder access by End Users to the Google Products, Search Access Points or to any information required to use Google applications or services, except to the extent that standard content filtering solutions such as IWF filtering and filtering solutions required by Opera's Third Party Distributors or by regulatory authorities would filter any such information; (w) enable or allow any third party to access or use any User Personal Data related to Google’s Products (unless aggregated and anonymised) or any Client ID; (x) enable or permit Scrapingderivative thereof; or (y) insert into the Included Opera Browser or the Existing Install Base any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cause a Google Product to cease operating, or to damage, interrupt, allow access to or interfere with a Google Product[*]. 14.2 Opera shall, and shall require that Third Party Distributors, take appropriate measures to prevent any third party from carrying out any of the activities in clause 14.1, where it is reasonably possible for such measures to be implemented.

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Sources: Services Agreement (Yahoo Inc)