Common use of Restrictions of Use Clause in Contracts

Restrictions of Use. 3.1 The customer shall not, and shall take all reasona- ble steps to ensure that its users do not, upload, access, store, distribute or transmit any viruses, or any mate-rial during the course of its use of the ESS that: (a) is unlaw- ful, harmful, threatening, defamatory, obscene, infring- ing, harassing or racially or ethnically offen-sive; (b) fa- cilitates illegal activity; (c) is in breach of applicable legislation in respect to obscenity or inde-cency; (d) pro- ▇▇▇▇▇ violence; (e) is discriminatory based on race, gen- der, colour, religious belief, sexual orientation, disabil- ity, or any other illegal activity; or (f) causes damage or injury to any person or property. 3.2 Except to the extent that it has a contractual right to do so and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, repro-duce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or dis- tribute all or any portion of the ESS in any form or me- dia or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to hu- man-perceivable form all or any part of the ESS; or (b) access all or any part of the ESS in order to build a prod- uct or service which competes with the ESS; or (c) use the ESS to provide services to third parties or offer any part of the ESS for sale or distribution over any other medium; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or other-wise make the ESS available to anyone except its per-mitted users; or (e) attempt to obtain, or assist third parties in obtaining, access to the ESS; or (f) permit any third party to benefit from the use or func- tionality of the ESS.

Restrictions of Use. 3.1 6.1 The customer Customer shall not, and shall take all reasona- ble reasonable steps to ensure that its users do any User does not, upload, access, store, distribute or transmit any viruses, or any mate-rial material during the course of its use of the ESS Purchased Service that: : (a) is unlaw- fulunlawful, harmful, threatening, defamatory, obscene, infring- inginfringing, harassing or racially or ethnically offen-siveoffensive; (b) fa- cilitates facilitates illegal activity; (c) is in breach of applicable legislation in respect to obscenity or inde-cencyindecency; (d) pro- ▇▇▇▇▇ promotes violence; (e) is discriminatory based on race, gen- dergender, colour, religious belief, sexual orientation, disabil- itydisability, or any other illegal activity; or (f) causes damage or injury to any person or property. Element reserves the right, without liability to the Customer, to disable the Customer’s access to the Purchased Service as a result of a breach of the provisions of this clause, or where there has been unauthorised or suspected fraudulent or otherwise suspicious activity related to the Customer’s use of the Purchased Service. 3.2 6.2 Except to the extent that it has a contractual right to do so expressly permitted under this Agreement and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, repro-ducereproduce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or dis- tribute distribute all or any portion of the ESS Purchased Service whether the same constitute Element Proprietary Materials (as applicable) in any form or me- dia media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to hu- manhuman-perceivable form all or any part of the ESSElement Proprietary Materials; or (b) access all or any part of the ESS Element Proprietary Materials in order to build a prod- uct product or service which competes with the ESSElement Proprietary Materials; or (c) use the ESS Element Proprietary Materials to provide services to third parties or offer any part of the ESS Element Proprietary Materials for sale or distribution over any other medium; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or other-wise otherwise make the ESS Element Proprietary Materials and/or Documentation available to anyone except its per-mitted usersthe Users; or (e) attempt to obtain, or assist third parties in obtaining, access to the ESSElement Proprietary Materials; or (f) permit any third party to benefit from the use or func- tionality functionality of the ESSElement Proprietary Materials.

Restrictions of Use. 3.1 6.1 The customer Customer shall not, and shall take all reasona- ble reasonable steps to ensure that its users do any User does not, upload, access, store, distribute or transmit any viruses, or any mate-rial material during the course of its use of the ESS Element Software and Services that: (a) is unlaw- fulunlawful, harmful, threatening, defamatory, obscene, infring- inginfringing, harassing or racially or ethnically offen-siveoffensive; (b) fa- cilitates facilitates illegal activity; (c) is in breach of applicable legislation in respect to obscenity or inde-cencyindecency; (d) pro- ▇▇▇▇▇ promotes violence; (e) is discriminatory based on race, gen- dergender, colour, religious belief, sexual orientation, disabil- itydisability, or any other illegal activity; or (f) causes damage or injury to any person or property. Element reserves the right, without liability to the Customer, to disable the Customer’s access to Element’s Software and Services as a result of a breach of the provisions of this clause, or where there has been unauthorised or suspected fraudulent or otherwise suspicious activity related to the Customer’s use of the Element Software and Services. 3.2 6.2 Except to the extent that it has a contractual right to do so expressly permitted under this Agreement and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, repro-ducereproduce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or dis- tribute distribute all or any portion of the ESS Element Software and Services and/or which constitute Element Proprietary Materials (as applicable) in any form or me- dia media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to hu- manhuman-perceivable form all or any part of the ESSElement Proprietary Materials; or (b) access all or any part of the ESS Element Proprietary Materials in order to build a prod- uct product or service which competes with the ESSElement Proprietary Materials; or (c) use the ESS Element Proprietary Materials to provide services to third parties or offer any part of the ESS Element Proprietary Materials for sale or distribution over any other medium; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or other-wise otherwise make the ESS Element Proprietary Materials and/or Documentation available to anyone except its per-mitted usersthe Users; or (e) attempt to obtain, or assist third parties in obtaining, access to the ESSElement Proprietary Materials; or (f) permit any third party to benefit from the use or func- tionality functionality of the ESSElement Proprietary Materials.

Restrictions of Use. 3.1 6.1 The customer Customer shall not, and shall take all reasona- ble reasonable steps to ensure that its users do any User does not, upload, access, store, distribute or transmit any viruses, or any mate-rial material during the course of its use of the ESS Service that: (a) is unlaw- fulunlawful, harmful, threatening, defamatory, obscene, infring- inginfringing, harassing or racially or ethnically offen-siveoffensive; (b) fa- cilitates facilitates illegal activity; (c) is in breach of applicable legislation in respect to obscenity or inde-cencyindecency; (d) pro- ▇▇▇▇▇ promotes violence; (e) is discriminatory based on race, gen- dergender, colour, religious belief, sexual orientation, disabil- itydisability, or any other illegal activity; or (f) causes damage or injury to any person or property. Element reserves the right, without liability to the Customer, to disable the Customer’s access to the Service as a result of a breach of the provisions of this clause, or where there has been unauthorised or suspected fraudulent or otherwise suspicious activity related to the Customer’s use of the Service. 3.2 6.2 Except to the extent that it has a contractual right to do so expressly permitted under this Agreement and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, repro-ducereproduce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or dis- tribute distribute all or any portion of the ESS Service in any form or me- dia media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to hu- manhuman-perceivable form all or any part of the ESSService; or (b) access all or any part of the ESS Service in order to build a prod- uct product or service which competes with the ESSService; or (c) use the ESS Service to provide services to third parties or offer any part of the ESS Service for sale or distribution over any other medium; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or other-wise otherwise make the ESS Service and/or Documentation available to anyone except its per-mitted usersthe Users; or (e) attempt to obtain, or assist third parties in obtaining, access to the ESSService; or (f) permit any third party to benefit from the use or func- tionality functionality of the ESSService.