Restrictions on Use. This ▇▇▇▇ grants You the right to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials. 2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses. 2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person. 2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS. 2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 3 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises and Landlord’s Equipment in accordance a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the terms under which You have licensed use or operation of Landlord’s Equipment and the Licensed Materials from Altiumuse, operation or occupancy of Landlord’s Property. Notwithstanding the foregoingTenant, Altium permits You to make a Temporary Use at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Licensed Materials so long Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as such use does not result in opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of more copies Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Licensed Materials than You are permitted to use at Building; and shall not commit or suffer any given timeact or thing on Landlord’s Property which is illegal, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your useunreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to migrate be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to different Products comply with the provisions of this Section or functionality within any such Products You must notify Altium prior due to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall You: a) allow any pay Landlord the amount of Your affiliates, subsidiaries such increase caused by the failure of Tenant to comply with the provisions of this Section or divisions, any portion by the nature of Your business located at a different geographic site, or third parties, to copy, have access to or Tenant’s use any portion whatsoever of the Licensed Materials unless You have licensed Premises. Tenant shall cause any fire lanes in the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoingfront, You may make a Temporary Use sides and rear of the Licensed Materials as stated in Section 2.3 above; b) allow any third party Building to have access to be kept free of all parking associated with its business or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access occupancy and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2all applicable regulations. In Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the event that You have licensed emission of any objectionable noise or odor from the Licensed Materials for use in connection with a single computerPremises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, You may install and use only a single copy thereof at any given time, and said copy as may be used only by You; providedneeded to eliminate unreasonable noise, howevervibrations and odors, that if You have licensed any, emanating from the Licensed Materials for use on a single computer: a) you may install a second copy of Premises being heard, felt or smelled outside the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3Premises. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach Tenant shall not constitute place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a basis for You to assert that You are not in breach hereof, location which abuts or that Altium has acquiesced in such breachblocks any windows.
Appears in 3 contracts
Sources: Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.)
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance a careful, safe and proper manner, shall not commit or suffer any waste on or about the Project, and shall not make any use of the Project which is prohibited by or contrary to any Legal Requirements or the Declaration, or which would cause a public or private nuisance. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Premises, and if requested by Tenant, Landlord shall, at no out-of-pocket cost to Landlord, cooperate with Tenant to obtain the same. Tenant shall not overload the floors or other structural parts of the Building, the maximum floor loading being 100 pounds per square foot, and shall not commit or suffer any act or thing on the Project which is illegal, dangerous, or which unreasonably disturbs other tenants. Tenant shall not do or permit to be done any act or thing on the Project which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building or any of the Other Buildings. If, because of Tenant’s failure to comply with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You provisions of this Section or due to make a Temporary Use any use of the Licensed Materials Premises or activity of Tenant In or about the Project, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase. Tenant shall cause any fire lanes located within the Project to be kept free of all parking associated with its business or occupancy Tenant shall conduct its business at all times so long as such use does not result to annoy or be offensive to other tenants and occupants of the Project, the parties hereby agreeing that (i) Tenant’s keeping of animals in the use of more copies Premises as provided in Tenant’s Permitted Use and (ii) the fact that Tenant may conduct animal experimentation in the Premises which may be offensive to other tenants and occupants of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach Project shall not constitute a nuisance or otherwise be a basis for You a default of Tenant under this Section 5.2. Landlord shall notify the other tenants in the Project that Tenant’s Permitted Use of the Premises includes its vivarium use. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound-proofing or noise control systems and odor control systems, as may be needed to assert that You are eliminate such objectionable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets, bookcases, partitions, shelves or other furnishings or equipment in breach hereofa location which blocks any windows Landlord shall use commercially reasonable efforts to include provisions similar to those set forth above in this Section 5.2 in leases with other tenants of the Project, or that Altium has acquiesced subject to such changes as Landlord may negotiate in such breachgood faith.
Appears in 2 contracts
Sources: Lease Agreement (Genocea Biosciences, Inc.), Lease Agreement (Genocea Biosciences, Inc.)
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance a --------------------------- careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord's Property, and shall not make any use of Landlord's Property which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with the terms under and obey all laws, rules, regulations, orders and requirements of public authorities which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in any way affect the use of more copies Landlord's Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Licensed Materials than You are permitted to use at Premises, except that Landlord shall obtain all building permits, approvals and certificates of occupancy required for Landlord's Work. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any given timeact or thing an Landlord's Property which is illegal, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your useoffensive, dangerous, or which unreasonably disturbs other tenants. Tenant shall not do or permit to migrate be done any act or thing on Landlord's Property which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenants failure to different Products comply with the provisions of this Section or functionality within any such Products You must notify Altium prior due to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1Premises or activity of Tenant in or about Landlord's Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section. In no event Tenant shall You: a) allow cause any of Your affiliatesfire lanes in the front, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever sides and rear of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License Building to be kept free of all parking associated with its business or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access occupancy and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2all applicable regulations. In Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord's Property. Tenant shall not permit the event that You have licensed emission of any objectionable noise or odor from the Licensed Materials for use in connection with a single computerPremises and shall at its own cost install such extra sound- proofing or noise control systems and odor control systems, You may install and use only a single copy thereof at any given time, and said copy as may be used only by You; providedneeded to eliminate noise, howevervibrations and odors, that if You have licensed any, emanating from the Licensed Materials for use on a single computer: a) you may install a second copy of Premises being heard, felt or smelled outside the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3Premises. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach Tenant shall not constitute place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a basis for You to assert that You are not in breach hereof, location which abuts or that Altium has acquiesced in such breachblocks any windows.
Appears in 2 contracts
Sources: Office Lease (Smarterkids Com Inc), Office Lease (Learningstar Inc)
Restrictions on Use. This ▇▇▇▇ grants You Notwithstanding anything contained in this Lease to the right contrary, Tenant shall not use, occupy, maintain or operate the Demised Premises, nor permit the same to install and use be used, occupied, maintained or operated, nor do or permit anything to be done in, on or to the Licensed Materials Demised Premises, in accordance with whole or in part, in a manner which would in any way:
(a) violate any construction permit or certificate of occupancy affecting the terms under Demised Premises;
(b) cause physical damage to the Demised Premises or the Improvements or any part thereof which You have licensed are not promptly repaired or, after the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use substantial completion of the Licensed Materials so long as such use does not result in the use of more copies Construction Work demolish any of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.New Improvements;
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; (c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries constitute a public or divisions, or by any third party; private nuisance;
(d) allow more than be immoral or constitute the number sale, display, use or presentation of permitted persons to access and use the Licensed Materials at any one time, anything that is pornographic or offensive;
(whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that violate any provision of this ▇▇▇▇ is breached by YouLease; or
(f) violate any present or future Legal Requirements or Insurance Requirements. Any act or omission of any Subtenant which violates any provision of this Lease shall, for the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach purposes hereof, or be deemed to be a violation of such provision of this Lease by Tenant, it being the intention and agreement of the parties that Altium has acquiesced Tenant shall assume and be liable to Landlord for any and all acts and omissions of any Subtenant that are in violation of any of the provisions of this Lease. Tenant shall promptly upon discovery of any of the conditions in clauses (a) through (f) above, take all necessary steps, legal and equitable, to cause the discontinuance of such breachconditions. Tenant covenants and agrees that Tenant will obtain and maintain, at Tenant’s sole cost and expense, all licenses, permits, certificates, amendments to the certificate of occupancy and zoning variances (ifrequired) for the Permitted Use from any Governmental Authority.
Appears in 2 contracts
Sources: Lease Agreement (Angion Biomedica Corp.), Lease Agreement (Angion Biomedica Corp.)
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance a careful, safe and proper manner, shall not commit or suffer any waste on or about the Project, and shall not make any use of the Project which is prohibited by or contrary to any Legal Requirements or the Declaration, or which would cause a public or private nuisance. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Premises. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on the Project which is illegal, dangerous, or which unreasonably disturbs other tenants. Tenant shall not do or permit to be done any act or thing on the Project which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building or any of the Other Buildings. If, because of Tenant’s failure to comply with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You provisions of this Section or due to make a Temporary Use any use of the Licensed Materials Premises or activity of Tenant in or about the Project, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase. Tenant shall cause any fire lanes located within the Project to be kept free of all parking associated with its business or occupancy. Tenant shall conduct its business at all times so long as such use does not result in the use of more copies to annoy or be offensive to other tenants and occupants of the Licensed Materials than You are permitted Project. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound-proofing or noise control systems and odor control systems, as may be needed to use at any given timeeliminate noise, vibrations and odors, if Your license is so restricted hereunderany, emanating from the Premises being heard, felt or smelled outside the Premises. In the event that You desire Tenant shall not place any file cabinets, bookcases, partitions, shelves or other furnishings or equipment in a location which blocks any windows. Landlord shall use commercially reasonable efforts to expand or extend Your use, or include provisions similar to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing those set forth above in this Section 5.2 in leases with other tenants of the applicable Licensed MaterialsProject, subject to such changes as Landlord may negotiate in good faith.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 2 contracts
Sources: Sublease Agreement (Genocea Biosciences, Inc.), Sublease Agreement (Genocea Biosciences, Inc.)
Restrictions on Use. This In connection with ▇▇▇▇▇▇’s use of the Premises, Tenant will:
4.2.1 Conform and comply with all Laws. Tenant will correct, at Tenant’s expense, any failure of compliance created through Tenant’s fault or by reason of Tenant’s use of the Premises. For purposes of this Lease, the term “Law(s)” means all leases, covenants, conditions, restrictions, easements, declarations, laws, statutes, restrictions, liens, ordinances, orders, codes, rules, and regulations directly or indirectly affecting the Building (including, without limitation, the Premises) and/or Business, including, without limitation, the Americans with Disabilities Act of 1990 (and the rules and regulations promulgated thereunder), the Rules and Regulations, and any environmental laws, all as now in force and/or which may hereafter be amended, modified, enacted, or promulgated;
4.2.2 Tenant will refrain from (a) any use which would be reasonably offensive to Landlord, other tenants of the Building, and/or neighboring property, or which would tend to create a nuisance or damage the reputation of the Building, (b) making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the Building (including, without limitation, the Premises) without the prior written consent of Landlord, and/or (c) causing or permitting any hazardous substances to be used, stored, sold, handled, spilled, leaked, disposed of, and/or released on or under the Building; and
4.2.3 Tenant will comply with all Building rules and regulations (the “Rules and Regulations”) Landlord may adopt from time to time and will not perform any act or carry on any practice prohibited by the Rules and Regulations. ▇▇▇▇▇▇ grants You the right to install acknowledges and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are agrees that Landlord is permitted to use at any given time, if Your license is so restricted hereunder. In adopt new rules and regulations or amend the event that You desire Rules and Regulations from time to expand time as Landlord determines necessary or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materialsappropriate.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease
Restrictions on Use. This ▇▇▇▇ grants You Notwithstanding anything contained in this Lease to the right contrary, Tenant shall not use, occupy, maintain or operate the Demised Premises, nor permit the same to install and use be used, occupied, maintained or operated, nor do or permit anything to be done in, on or to the Licensed Materials Demised Premises, in accordance with whole or in part, in a manner which would in any way:
(a) violate any construction permit or certificate of occupancy affecting the terms under Demised Premises;
(b) cause physical damage to the Demised Premises or the Improvements or any part thereof which You have licensed are not promptly repaired or, after the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use substantial completion of the Licensed Materials so long as such use does not result in the use of more copies Construction Work demolish any of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.New Improvements;
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; (c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries constitute a public or divisions, or by any third party; private nuisance;
(d) allow more than be immoral or constitute the number sale, display, use or presentation of permitted persons to access and use the Licensed Materials at any one time, anything that is pornographic or offensive;
(whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that violate any provision of this ▇▇▇▇ is breached by YouLease; or
(f) violate any present or future Legal Requirements or Insurance Requirements. Any act or omission of any Subtenant which violates any provision of this Lease shall, for the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach purposes hereof, or be deemed to be a violation of such provision of this Lease by Tenant, it being the intention and agreement of the parties that Altium has acquiesced Tenant shall assume and be liable to Landlord for any and all acts and omissions of any Subtenant that are in violation of any of the provisions of this Lease. Tenant shall promptly upon discovery of any of the conditions in clauses (a) through (f) above, take all necessary steps, legal and equitable, to cause the discontinuance of such breachconditions. Tenant covenants and agrees that Tenant will obtain and maintain, at Tenant’s sole cost and expense, all licenses, permits, certificates, amendments to the certificate of occupancy and zoning variances (if required) for the Permitted Use from any Governmental Authority.
Appears in 2 contracts
Sources: Lease Agreement (Angion Biomedica Corp.), Lease Agreement (Angion Biomedica Corp.)
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises and Landlord’s Equipment in accordance a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the terms under which You have licensed use or operation of Landlord’s Equipment and the Licensed Materials from Altiumuse, operation or occupancy of Landlord’s Property. Notwithstanding the foregoingTenant, Altium permits You to make a Temporary Use at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Licensed Materials so long Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as such use does not result in opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of more copies Landlord’s Equipment and Landlord’s Property and in order for Landlord to comply with its compliance obligations under Section 6.6. Tenant shall not overload the floors or other structural parts of the Licensed Materials than You are permitted to use at Building; and shall not commit or suffer any given timeact or thing on Landlord’s Property which is illegal, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your useunreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to migrate be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to different Products comply with the provisions of this Section or functionality within any such Products You must notify Altium prior due to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall You: a) allow any pay Landlord the amount of Your affiliates, subsidiaries such increase caused by the failure of Tenant to comply with the provisions of this Section or divisions, any portion by the nature of Your business located at a different geographic site, or third parties, to copy, have access to or Tenant’s use any portion whatsoever of the Licensed Materials unless You have licensed Premises. Tenant shall cause any fire lanes in the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoingfront, You may make a Temporary Use sides and rear of the Licensed Materials as stated in Section 2.3 above; b) allow any third party Building to have access to be kept free of all parking associated with its business or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access occupancy and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2all applicable regulations. In Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the event that You have licensed emission of any objectionable noise or odor from the Licensed Materials for use in connection with a single computerPremises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, You may install and use only a single copy thereof at any given time, and said copy as may be used only by You; providedneeded to eliminate unreasonable noise, howevervibrations and odors, that if You have licensed any, emanating from the Licensed Materials for use on a single computer: a) you may install a second copy of Premises being heard, felt or smelled outside the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3Premises. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach Tenant shall not constitute place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a basis for You to assert that You are not in breach hereof, location which abuts or that Altium has acquiesced in such breachblocks any windows.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You The Tenant shall not bring or allow to be brought onto the right Development or into the Building (or to install allow them to remain if they are found there) any dangerous or hazardous materials, not included in original occupancy permit whether or not the possession and keeping of which is subject to obtaining special permits under Polish law. The list of dangerous or hazardous materials which the Tenant is entitled to use is included in Schedule .12... In case the Licensed Materials Tenant wishes to store, maintain, generate or release any hazardous or other dangerous materials on the Development or in accordance the Building, it shall first provide the Landlord at least 2 weeks in advance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use written notice of the Licensed Materials so long particulars of the envisaged activity in this respect and must obtain a prior consent of the Landlord. Following obtaining the above notice, the Landlord shall be entitled to demand, both prior to granting the consent and at any time during the Lease, that the Tenant provides any requested documents pertaining to such activity of the Tenant in particular documents confirming that the Tenant complies with all applicable provisions of Polish law and disposes of any hazardous substances properly as well as to inspect the Unit in respect of activities connected with such use does substances upon prior notice to the Tenant. The Tenant shall indemnify the Landlord against all direct and indirect legal and financial consequences of any breach of this provision. In particular, in case the Tenant’s activities result in any pollution of the Development, without prejudice to other rights available to the Landlord under Polish law, the Landlord shall be entitled to request that the Tenant removes such pollution at its own cost. Furthermore, in case any of the charges related to the Development or the Building are increased due to such activity or any additional charges or fees are imposed on the Development or the Building or the Landlord as the owner thereof as a result of such activity, the Tenant shall be under a duty to hear such costs as parts of the Service Charge. The obligations contained in this paragraph shall survive the termination of this Lease during the period when the Tenant occupies the Building. Moreover, during the whole Lease period the Landlord shall be authorised to take actions determined in Part III of Schedule 1. The Landlord shall not result refuse its consent for change in the use of more copies the Unit provided that the Tenant meets all legal requirements for such activity, including obtaining appropriate permits (acting upon power of attorney from the Licensed Materials than You are permitted to use at any given timeLandlord, if Your license is so restricted hereunder. In necessary) and bears the event that You desire costs of adapting the Unit to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMSif any).
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Lease Agreement (Sauer Danfoss Inc)
Restrictions on Use. This ▇▇▇▇ grants You In connection with the right use of the Premises, Sublessee shall:
i) Conform to install all applicable laws and regulations of any public authority affecting the Premises, and correct at Sublessee’s own expense any failure of compliance created through Sublessee’s fault or by reason of Sublessee’s use, but Sublessee shall not be required to make any structural changes to effect such compliance unless such changes are required because of Sublessee’s specific use the Licensed Materials and are otherwise approved in accordance with the terms under which You have licensed agreements described in Section 23.
ii) Refrain from any activity that would make it impossible to insure the Licensed Materials Premises against casualty, would increase the insurance rate, or would prevent Landlord from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use taking advantage of any ruling of the Licensed Materials so long as such use does not result in Montana Insurance Rating Bureau, or its successor, allowing Landlord to obtain reduced premium rates for long-term fire insurance policies, unless Sublessee pays the use of more copies additional cost of the Licensed Materials than You are permitted insurance.
iii) Refrain from any use that would be reasonably offensive to use at other tenants or owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the Premises.
iv) Refrain from loading the electrical system beyond the point considered safe by a competent engineer or architect selected by Landlord.
v) Refrain from making any given timemarks on or attaching any sign, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your useinsignia, antenna, aerial, or other device to migrate to different Products the exterior or functionality within any such Products You must notify Altium prior to any such expanded interior walls, windows, or extended use and arrange for the licensing roof of the applicable Licensed MaterialsPremises without the written consent of Landlord.
2.4.1. vi) In no event shall You: a) allow Sublessee’s use of the Property consist of operation of any of Your affiliatesthe following prohibited activities or businesses: (i) rental of residential real property (as defined under Section 168 (e)(2)(A) of the Internal Revenue Code of 1986, subsidiaries as amended (the “Code”); (ii) development or divisionsholding of intangibles for sale or license; (iii) farming; (iv) a massage parlor, any portion of Your business located at a different geographic sitehot tub facility, suntan facility, country club, racetrack or other facility used for gambling, or third parties, to copy, have access to private or use commercial golf course; (v) any portion whatsoever store the principal business of which is the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use sale of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials alcoholic beverages for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basisconsumption off premises; or f(vi) using the Licensed Materials in any way that is not in compliance with Permitted Usesunimproved real property.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Sublease
Restrictions on Use. This Tenant shall comply promptly with all applicable statutes, ordinances, rules, regulations, restrictions, orders and requirements relating to the use of the Premises. Tenant shall not use or permit the use of the Premises in any manner that will tend to create a nuisance or tend to disturb other tenants or occupants of the Shopping Center or tend to injure the reputation of the Shopping Center. Tenant shall not sell, exhibit or display any immoral or pornographic materials, goods or services in or on the Premises. Landlord shall, in its sole discretion, determine whether such materials, goods or services are immoral or pornographic in nature. No auction, fire sale, bankruptcy sale, sidewalk sale, going out of business sale or continuous discount operation may be conducted in the Premises without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion. Tenant shall use its best efforts to complete or cause to be completed, all deliveries, loading, unloading, rubbish removal and other services to the Premises prior to 10:00 a.m. of each day. Landlord reserves the right to further regulate the activities of Tenant in regard to deliveries and servicing of the Premises, and ▇▇▇▇▇▇ grants You agrees to abide by such further nondiscriminatory regulations of Landlord. Tenant shall not place or cause to be placed any fences, walls, booths, stands, kiosks, racks, structures, divisions or rails outside the right Premises in the Shopping Center without the prior written consent of Landlord. Landlord may, without liability therefore or notice to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoingTenant, Altium permits You to make a Temporary Use remove any item placed, constructed or maintained upon or outside of any roof, wall or window of the Licensed Materials so long as such use does not result in building within which the use of more copies of the Licensed Materials than You Premises are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materialslocated, unless such access item has been previously consented to in writing by Landlord. Tenant shall keep the display windows and signs on the Premises well-lighted during the hours from sundown to 10:00 p.m. unless prevented by causes beyond the control of Tenant. If Landlord determines any display window to be out of harmony with the business character or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies architecture of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisionsPremises, or with the balance of the Shopping Center, Tenant shall promptly remove or modify such display as requested by Landlord. Tenant shall comply at all times with such Rules and Regulations and such amendments and modifications thereof and additions thereto as Landlord may from time to time reasonably adopt for the safety, care and cleanliness of the Shopping Center or the preservation of good order therein. Landlord shall not be liable to Tenant for the failure of any third party; d) allow more than the number of permitted persons tenant or other person to access comply with such Rules and Regulations. Tenant shall not use the Licensed Materials at Premises or any one timepart thereof for any purpose which will increase the existing rate of insurance upon the Premises or any part thereof for any purpose which will increase the existing rate of insurance upon the Premises or the Shopping Center or cause the cancellation of any insurance policy covering the Premises or the Shopping Center, (whether involving a single license nor shall Tenant sell or a license that allows multiple users)permit to be kept, including used or sold in or about the Premises any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy article which may be used only prohibited by You; provided, however, that if You have licensed the Licensed Materials for use standard fire insurance policies. Tenant shall not place any coin or token-operated amusement machines on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only or in the event Premises without the original copy prior written consent of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personLandlord.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Shopping Center Lease (BSM Bancorp)
Restrictions on Use. This ▇▇▇▇ grants You Tenant acknowledges that the right to install Premises and use the Licensed Materials Common Areas may not be used or operated in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use violation of the Licensed Materials so long as such use does not result in the use of more copies requirements of the Licensed Materials than You are permitted to use at any given timeDeclaration, if Your license is so restricted hereunder. In the event that You desire to expand CC&Rs or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given timeHetch Hetchy Easement, and said copy Hazardous Materials may not be used only by Youor located on the Premises or Common Area in a manner which would adversely affect Landlord's rights and benefits under the Seller Indemnity described in Subparagraph 40(d) [Seller Indemnity] (all such documents are collectively referred to as the "Restrictive Documents"); provided, however, that if You have licensed the Licensed Materials for parties agree that Tenant's permitted use under this Lease and parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and activities that are prohibited on a single computer: a) you may install a second copy all or certain portions of the Licensed Materials Premises and Common Area pursuant to the Restrictive Documents on a home computer solely for Exhibit "P" attached hereto. In addition, Landlord shall have the right to modify Exhibit "P" to add other restrictions on use in connection withand activities on the Premises and Common Area under the Restrictive Documents, and governed by, the License granted hereinby written notice to Tenant, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and restrictions do not materially adversely affect Tenant's permitted use only in the event the original copy of the Licensed Materials is lostPremises, corrupted Tenant's Minimum Parking or in some other way made unavailable other than through use or possession by another person.
2.4.3Tenant's access to the Premises. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously Tenant shall not use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including Premises or Common Area in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but a manner in violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAMEthe requirements listed on Exhibit "P", AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You as it may increase the number of persons or sites permitted be amended by Landlord from time to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees time in accordance with thenthe preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which will obstruct or interfere with the Clean-applicable pricingup Facilities, provided that or with the rights of any parties to the Declaration or the CC&Rs or any other tenant or occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 40 [Hazardous Materials Liability]) on the Project on the Occupancy Date, and Tenant's failure to remediate such additional persons in no way access or use the Licensed Existing Hazardous Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute be a basis for You violation of Tenant's obligations under this Paragraph 6 with respect to assert that You are not in breach hereof, nuisance or that Altium has acquiesced in such breachwaste.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord's Property, and shall not make any use of Landlord's Property which is prohibited by or contrary to any Legal Requirements, or which would cause a public or private nuisance. Tenant shall comply with the terms under and obey all Legal Requirements which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in any way affect the use of more copies Landlord's Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Licensed Materials than You are permitted Premises, except that Landlord shall obtain all building permits and approvals required for the performance of Landlord's Work. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord's Property which is illegal or which unreasonably disturbs BAE. Tenant shall not do or permit to use at be done any given timeact or thing on Landlord's Property which will invalidate or be in conflict with any insurance policies covering Landlord's Property. If, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior due to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event Premises or activity of Tenant in or about Landlord's Property, the Insurance Costs are increased, Tenant shall You: a) allow any pay Landlord the amount of Your affiliates, subsidiaries or divisions, any portion such increase caused by the failure of Your business located at a different geographic site, or third parties, Tenant to copy, have access to or use any portion whatsoever of comply with the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms provisions of this ▇▇▇▇, including but not limited Section. Tenant shall cause any fire lanes located on Landlord's Property to the restrictions on number be kept free of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries all parking associated with its business or divisions, or by any third party; d) allow more than the number of permitted persons to access occupancy and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2all applicable regulations. In Tenant acknowledges that BAE may maintain, during the event that You have licensed the Licensed Materials for use term of its lease, a "clean room" in connection with a single computerits premises, You may install and use only a single copy thereof at any given time, and said copy which clean room may be used only by You; provideddesigned and constructed to maintain an atmosphere free from any dust, howevernoise, that if You have licensed light and/or other external stimuli which might interfere with BAE's research and development operations therein ("Clean Room Operations"). Tenant shall refrain from causing any unusual noise, vibrations, dust or other conditions which may interfere with BAE's Clean Room Operations, including during the Licensed Materials for use on a single computer: a) you may install a second copy performance of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously Tenant Improvements Work. Tenant will coordinate Tenant's Work with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You BAE to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the sameminimize disruptions, including using diligent efforts to coordinate Tenant's Work that could result in connection with any Temporary Usevibrations, dust, utility outages or noise that might affect BAE's Clean Room Operations. You understand and agree that Provided BAE informs Tenant of BAE's critical testing schedule periods, Tenant will use diligent efforts to schedule Tenant's Work to avoid such use beyond that licensed hereundercritical testing periods, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach extent practicable without materially extending the schedule for the completion of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMSTenant's Work.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You the right Tenant shall not be entitled to install and use the Licensed or store any Hazardous Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoingon, Altium permits You to make a Temporary Use in, or about any portion of the Licensed Materials so long as Premises and the Project without, in each instance, obtaining Landlord’s prior written consent thereto, not to be unreasonably withheld. If Landlord, in its reasonable discretion, consents to any such use does not result in the use of more copies of the Licensed Materials than You are usage or storage, then Tenant shall be permitted to use at any given time, if Your license is so restricted hereunderand/or store only those Hazardous Materials that are necessary for Tenant’s business and to the extent disclosed in the HazMat Certificate and as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then-applicable approval by Landlord. In all events such usage and storage must at all times be in full compliance with any and all local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the event that You desire future which are or become applicable to expand Tenant or extend Your use, all or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic sitethe Premises (collectively, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b“Environmental Laws”) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2the recommendations of Landlord’s consultants. In Tenant agrees that any changes to the event type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s reasonable discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right, in Landlord’s sole discretion, at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 22 or to determine if Hazardous Materials are present in, on or about the Project, (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas, and (iv) to require Tenant to complete a survey of its use, storage and handling of Hazardous Materials in the Premises, using a form and following procedures designated by Landlord, in Landlord’s sole discretion (the “Survey”). Tenant shall reimburse Landlord for the cost of all such inspections, tests and investigations, and all costs associated with any Survey. If as a result of an inspection, test or Survey Landlord determines, in Landlord’s reasonable discretion, that You have licensed Tenant should implement or perform safety, security or compliance measures, Tenant shall within thirty (30) days after written request by Landlord perform such measures, at Tenant’s sole cost and expense. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Licensed Materials Premises or the activities of Tenant and Tenant Parties with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation relating thereto, or (b) liability on the part of Landlord and its representatives for use Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another persontherewith.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Lease Agreement (Neophotonics Corp)
Restrictions on Use. This ▇▇▇▇ grants You Tenant shall not do or permit anything to be done in or about the right Premises nor bring or keep anything therein which will: (a) increase the premiums payable for property insurance required to install be carried by Landlord hereunder above the rates otherwise payable in respect of industrial/office facilities of similar, age, condition and class to be used for the Permitted Use or, cause the cancellation of or otherwise adversely affect any casualty or other insurance for the Building or any part thereof or any of its contents, unless (i) in the case of increased insurance premiums, the Tenant pays the entire amount of such increase attributable to Tenant's particular and specific use or, (ii) in the case of cancellation, the Tenant procures replacement insurance on terms reasonably acceptable to Landlord, or (iii) in the case of other adverse effect, the Tenant at its expense remedies such adverse effect; (b) impair the proper and economic maintenance, operation and repair of the Building or any portion thereof; (c) obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them; or (d) cause any nuisance in or about the Premises or the Building. Tenant shall not use or allow any part of the Premises to be used for the storage, manufacturing or sale of food or beverages or for retail sale or auction of merchandise, goods or property of any kind other than the incidental sale at retail of items manufactured at the Premises, or as a school or classroom, or for any unlawful purpose. For the sake of clarification and without limiting the generality of the preceding sentence, incidental office and industrial uses shall include the right, subject to Articles 8 and 9 hereof, to use portions of the premises to provide lunch rooms/commissary space for Tenant's employees, licensees and invitees (but not to the general public), including, but not limited to, the installation and use of standard kitchen appliances and beverage and food vending machines. Tenant shall not commit or allow to be committed any waste to the Licensed Materials Premises or the Building. The Tenant will not make any use of the Premises or the Building or the Land which would violate the provisions of that certain Notice of Activity and Use Limitation dated April 4, 2000, recorded in accordance with Worcester District Registry of Deeds, Book 22465, Page 105. Without limiting the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding generality of the foregoing, Altium permits You to make the Premises and the Building will not be used for a Temporary Use residence, school, day care, nursery, children's playground, other children's recreational use, agricultural use, growing fruits or vegetables for human consumption, excavation activities or other activities that cause a disturbance and/or relocation of soils and/or groundwater at the Land, or any other use not allowed by this Lease or by the provisions of the Licensed Materials so long as such use does not result said Activity and Use Limitation. Subject and in addition to the use requirements of more copies Article 9 of the Licensed Materials than You are permitted this Lease related to use at any given timealterations by Tenant, if Your license is so restricted hereunder. In the event Tenant performs any work in, on or about the Land or Building, that You desire to expand includes excavation activities or extend Your useother activities that cause a disturbance and/or relocation of soils and/or groundwater at the Land, or to migrate to different Products or functionality within any then the Tenant shall give the Landlord thirty (30) days' prior written notice of such Products You must notify Altium prior to any activities, and the Tenant shall pay the entire cost of all environmental work required because of such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered activities by the geographic scope Tenant, including, without limitation, proper disposal of Your licenses to use contaminated soils and water, the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have services of Landlord's licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given timesite professional, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials all health and safety requirements for use workers carrying on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personTenant's work.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Commercial Lease (Precision Optics Corporation Inc)
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance a careful, safe and proper manner, shall not commit or suffer any physical waste on or about the Project, and shall not make any use of the Project which is prohibited by or contrary to any Legal Requirements, or which would cause a public or private nuisance. In addition, Tenant shall comply with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use Declaration in Tenant’s use and occupancy of the Licensed Materials so long as such use does not result in the Premises. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for Tenant’s particular use of more copies the Premises (as opposed to general office use generally). Tenant shall not overload the floors or other structural parts of the Licensed Materials than You are permitted Building, based on the actual floor load of the Building; and shall not commit or permit anyone claiming by through or under Tenant to commit any act or thing on the Project which violates Legal Requirements (subject to Tenant’s rights pursuant to Section 7.7). Tenant shall not do or permit to be done any act or thing on the Project which will invalidate or be in conflict with the reasonable requirements of any insurance policies made known to Tenant, or which will increase the rate of any insurance, covering the Building (unless Tenant agrees to pay the same). Tenant shall cause any fire lanes located within the Project to be kept free of all parking associated with its business or occupancy. Tenant shall not permit the emission of any objectionable noise or odor from the Premises in a manner that is inconsistent with first class office use and shall at any given timeits own cost install such extra sound-proofing or noise control systems and odor control systems, as may be needed to eliminate noise, vibrations and odors, if Your license is so restricted hereunderany, emanating from the Premises being heard, felt or smelled outside the Premises. In the event that You desire Tenant shall not permanently place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which blocks any windows (temporary location in such a manner shall be permitted where required to expand accommodate on-going Alterations or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on de minimis number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple userstemporary offices), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You Tenant will not, without the prior written ------------------- consent of Landlord, which shall not be withheld, conditioned or delayed unless such use shall cause a Design Problem, use any apparatus or device in the Premises which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space, nor connect any apparatus, machine or device with water pipes or electric current (except through existing electrical outlets in the Premises), for the purpose of using electric current or water. If any lights, machines or equipment (other than standard general office equipment for comparable tenants) are used by Tenant in the Premises which materially affect the temperature otherwise maintained by the air conditioning system, or generate substantially more heat in the Premises than would be generated by the building standard lights and usual office equipment, Landlord shall have the right to install any machinery and use the Licensed Materials in accordance with the terms under equipment which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You Landlord reasonably deems necessary to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇restore temperature balance, including but not limited to modifications to the restrictions on number standard air conditioning equipment, and the cost thereof, including the cost of usersinstallation and any additional cost of operation and maintenance occasioned thereby, if such restrictions apply shall be paid by Tenant to Your license hereunder; cLandlord within thirty (30) make copies days after demand therefor by Landlord. If Tenant desires service for the excess consumption needs of Tenant, following Tenant's written request of Landlord to provide the same and Tenant's written approval of the Licensed Materials cost thereof, and if Landlord is able to provide such service with its available facilities, Landlord shall provide such services and charge Tenant the Actual Costs for use such additional needs. When reasonably appropriate to do so based upon a reasonable history of such excess electrical consumption by any Tenant, Landlord shall have the right to install, at Tenant's expense, an electric current meter in the Premises to measure the amount of Your other affiliateselectric current consumed on the Premises. In those cases where Landlord requires Tenant to pay for excess usage of electricity, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” water or other basis; service or f) using the Licensed Materials in any way utility, Landlord shall provide, upon Tenant's request, evidence that is not such charges are made in compliance with Permitted Uses.
2.4.2the terms of this Lease. In Provided such units do not pose a Design Problem, Landlord will reasonably approve Tenant's request to install supplemental air-conditioning units ("Supplemental AC Units") provided all work is performed (including the event that You have licensed installation of 220 volt electrical power and installation of separate meters for the Licensed Materials for use in connection with a single computerelectricity used by such Supplemental AC Units) at Tenant's sole cost and expense, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously complies with the original copy; other terms applicable to Alterations to the Premises and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personTenant reimburses Landlord for all electrical charges for operating such Supplemental AC Units.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Office Lease (Aecom Merger Corp)
Restrictions on Use. This In connection with Tenant’s use of the Premises, Tenant will:
4.2.1 Conform and comply with all Laws. Tenant will correct, at Tenant’s expense, any failure of compliance created through Tenant’s fault or by reason of Tenant’s use of the Premises. For purposes of this Lease, the term “Law(s)” means all leases, covenants, conditions, restrictions, easements, declarations, laws, statutes, restrictions, liens, ordinances, orders, codes, rules, and regulations directly or indirectly affecting the Building (including, without limitation, the Premises) and/or Business, including, without limitation, the Americans with Disabilities Act of 1990 (and the rules and regulations promulgated thereunder), the Rules and Regulations, and any environmental laws, all as now in force and/or which may hereafter be amended, modified, enacted, or promulgated;
4.2.2 Tenant will refrain from (a) any use which would be reasonably offensive to Landlord, other tenants of the Building, and/or neighboring property, or which would tend to create a nuisance or damage the reputation of the Building, (b) making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the Building (including, without limitation, the Premises) without the prior written consent of Landlord, and/or (c) causing or permitting any hazardous substances to be used, stored, sold, handled, spilled, leaked, disposed of, and/or released on or under the Building; and
4.2.3 Tenant will comply with all Building rules and regulations (the “Rules and Regulations”) Landlord may adopt from time to time and will not perform any act or carry on any practice prohibited by the Rules and Regulations. ▇▇▇▇▇▇ grants You the right to install acknowledges and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are agrees that Landlord is permitted to use at any given time, if Your license is so restricted hereunder. In adopt new rules and regulations or amend the event that You desire Rules and Regulations from time to expand time as Landlord determines necessary or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materialsappropriate.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Commercial Lease
Restrictions on Use. This ▇▇▇▇ grants You the right to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing(a) Tenant agrees that neither Tenant nor any subtenant, Altium permits You to make a Temporary Use assignee or occupant of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use demised premises shall at any given time, if Your license is so restricted hereunder. In time during the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access term occupy or use the Licensed Materialsdemised premises or permit the same to be occupied or used in any manner except as provided in Article 2.
(b) Tenant shall not knowingly permit the demised premises to be used in any manner, or anything to be done therein, or permit anything to be brought into or kept therein, which would (i) violate any laws or requirements of public authorities, (ii) cause injury to the additional functionalityBuilding or the Park, prior if applicable, (iii) constitute a nuisance, (iv) impair the appearance of the Building, (v) impair the use for normal purposes of any area of the Building by, or required to be furnished by Owner to Tenant or to any such additional license fees being paid by You. In other tenants or occupants of the event that building or the Park, if applicable, or (vi) violate any provision of Tenant's obligations under this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach lease.*
(c) Tenant shall not constitute place (nor require the placement of) a basis for You load upon any floor of the demised premises exceeding 75 lbs. per square foot (live and dead), nor shall Tenant place (or require the placement of) a load upon any ceiling in the demised premises exceeding 5 lbs. per square foot. All data processing and other business machines and equipment and all other mechanical equipment installed and used by Tenant in the demised premises, as approved by Owner, shall be quipped, installed and maintained by Tenant, at its expense, so as to assert that You are prevent noise, vibration or electrical or other interference from being transmitted from the demised premises to any other area of the Building. Tenant shall not move any safe, machinery or heavy equipment in breach hereofor out of the Building without employing persons property licensed, or that Altium has acquiesced in such breachif required by laws and requirements of public authorities.
Appears in 1 contract
Sources: Sublease Agreement (International Telecommunication Data Systems Inc)
Restrictions on Use. This ▇▇▇▇ grants You a. Tenant shall use and occupy the right Premises and all parts thereof only for general office purposes; and no use shall be made or permitted to be made of the Premises, nor acts done, which will cause a cancellation of any insurance policy covering Landlord's Building or any part thereof, nor shall Tenant sell, or permit to be kept, used, or sold, in or about the Premises, anything which may be prohibited by standard forms of fire insurance policies. Tenant shall, at its expense, comply with all requirements pertaining to the Premises of any insurance organization or company covering Landlord's Building.
b. Tenant shall not permit or allow any wasteful, abusive, destructive or nuisance use of the Premises to occur.
c. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other tenants of Landlord's Building by reason of noise, odors, or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or in Landlord's Building. Tenant shall not use or keep in the Premises or in Landlord's building any firearms, kerosene, gasoline or inflammable or combustible fluid or material
d. Tenant shall not install any telephone or other special utility lines within the Premises without first obtaining Landlord's consent, which consent shall not be unreasonably withheld. Landlord shall designate the areas within the Premises in which telephone and other special utility lines and related equipment may be installed and how and where such lines are to be introduced.
e. Tenant shall not dispose of any hazardous substances in, on, or under Landlord's Building and Tenant shall not otherwise handle, treat, deal with, or otherwise use in, on, or under Landlord's Building any hazardous substances except as may be directly required in connection with the Licensed Materials use of the Premises as authorized by Landlord and in complete conformity and compliance with all governmental laws, ordinances, regulations, rules and other and prudent industry practices relating to any such substances. Upon expiration or earlier termination of this Lease, Tenant shall cause any and all hazardous substances placed on the Premises by Tenant, its agents, employees or contractors to be removed in accordance with applicable laws, regulations, rules, ordinances and orders. As used in this Lease, the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoingterm "hazardous substance" shall mean any and all hazardous or toxic substances, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given timechemicals, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your usematerials, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliateswaste, subsidiaries or divisionsincluding, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to, those substances, chemicals, materials or wastes listed, identified, or otherwise characterized as hazardous or toxic under now existing or hereafter enacted local, state and federal laws, ordinances, regulations, rules or orders. 5
f. Tenant shall faithfully observe and comply with the Rules and Regulations, attached as Exhibit "D". Landlord reserves the right from time to time to make all reasonable non-discriminatory modifications to the restrictions Rules and Regulations. Any reasonable additions and modifications to these Rules and Regulations shall be binding upon delivery of a copy to Tenant. Violations by Tenant, its employees, invitees and others acting on number of users, if such restrictions apply to Your license hereunder; c) make copies its behalf of the Licensed Materials Rules and Regulations shall constitute a default under this Lease. Landlord shall not be responsible to Tenant for use the nonperformance of any said Rules and Regulations by any of Your other affiliates, subsidiaries tenant or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Usesoccupants.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Lease (Bisys Group Inc)
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall not use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in or permit the use of more copies ------------------- the Premises in any manner that will tend to create waste on the Premises or constitute a nuisance to any neighboring building. Tenant shall not use any apparatus, machinery or other equipment in or about the Premises that may cause substantial noise or vibration or overload existing electrical systems, or otherwise place any unusual loads upon the floors, walls, or ceilings of the Licensed Materials than You are permitted to use at Building which may overload the Building or jeopardize the structural integrity of the Building or any given timepart thereof, or the Parking Garage underneath the Building. Tenant shall not make any penetrations of the roof or exterior of the Building without the prior written approval of Landlord which shall not unreasonably be withheld; provided that, if Your license is so restricted hereunder. In required by Landlord, all such work shall be performed by the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for roofing contractor who initially installed the licensing roof of the applicable Licensed Materials.
2.4.1Building in order to prevent voidance of any warranty obtained by Landlord from such roofing contractor with respect to labor and/or materials respecting the roof. In no event No materials or articles of any nature shall You: a) allow any of Your affiliates, subsidiaries or divisions, be stored upon any portion of Your business the Outside Areas unless located at a different geographic sitewithin an enclosure approved by Landlord. Tenant understands that Landlord desires to prevent unauthorized use of the parking facilities for the Premises given that parking spaces are in high demand in the vicinity of the Premises, and thus Tenant agrees not to use or permit any employees, agents, contractors, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses within its control to use the Licensed Material Parking Garage or any surface level parking areas within the Office Parcel for any purpose other than parking for the period of time that such person is working in the Premises or for Tenant off of the Premises. Without limiting the generality of the preceding sentence, Tenant shall not permit long term parking by persons within its control, except for valid business reasons which are directly related to the primary business conducted by Tenant on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given timePremises, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for shall not grant rights to use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable parking facilities to any persons other than through use or possession by another personits employees, agents, contractors, customers and other invitees involved in Tenant's primary business conducted on the Premises.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Lease (Rambus Inc)
Restrictions on Use. This ▇▇▇▇ grants You A. The Venue and corresponding parking areas shall be used by Licensee solely for purposes related to the preparation for, and the presentation of, the Event and in accordance with all applicable laws, rules and regulations. Licensee shall assure that the walkways, entries, doors, passages, vestibules, corridors, stairways, and ramps of the Venue and the access ways to utilities for the Venue are free of obstruction and are not used for any purpose related to the Event or otherwise, that restricts ingress or egress to the Venue or access to utilities for the Venue.
B. Neither Licensee nor its officers, agents, employees, contractors, students, or invitees shall be permitted to bring into the Venue nor onto the corresponding parking areas any materials, substances, equipment, or object that is likely to cause injury to, or endanger the life of, any person, or that is likely to cause damage to property. Licensor shall have the right to install require the immediate removal of any materials, substance, equipment, or object that the Licensor, at its sole discretion, determines constitutes a danger or hazard to any person or property.
C. No special equipment, fixture, device, engine, or machinery may be installed or operated in the Venue or on the adjacent parking area nor may any flammable or explosive substances be brought into the Venue or onto the corresponding parking areas without the prior consent of a duly authorized representative of Licensor.
D. No alteration of any nature may be made to the Venue or to any fixture or equipment located therein without the prior written consent of a duly authorized representative of Licensor.
E. No signs, banners or other display devices may be erected in or on the Venue or corresponding parking areas without the prior review and approval of Licensor. Banners of Event Sponsors and their placement may be allowed to be displayed subject to prior written review and approval of Licensor’s duly authorized representative. Any approved displays, including acknowledgment of event sponsors, must comply with and not impair or affect Licensor’s existing contractual grant of advertising rights within the Venue.
F. All news releases, publicity material, radio or television announcement, publications or other such public notices issued or instigated by Licensee shall refer to the Venue only by its official name “Sun Bowl Stadium” and shall not use the Licensed Materials in accordance with name of Licensor, The University of Texas at El Paso and/or UTEP, except to identify the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use physical location of the Licensed Materials so long as such use does not result facility.
G. Possession or consumption of alcoholic beverages and/or smoking in the use of more copies of the Licensed Materials than You are permitted to use Venue, adjacent parking area or elsewhere on Licensor’s property is prohibited at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materialsall times.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Facilities Use Agreement
Restrictions on Use. This ▇▇▇▇ grants You The Lessee shall use and occupy the right to install Premises for a warehousing and use distribution facility related purposes, and for and no other purpose. Lessor represents and warrants that upon completion of the Licensed Materials Building in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use Plans and Specs Lessee's use of the Licensed Materials so long Premises as such a warehousing and distribution facility for its business will not violate or conflict with any existing zoning laws, covenants, parking requirements, or other governmental restrictions with respect to the Premises, as completed. The Lessee shall not use does the Premises nor permit them to be used for any unlawful business or purpose whatsoever. Lessee shall not keep or store in or about the Premises anything which will increase the rate of insurance on the Building, nor permit any change in occupancy or any transfer of this Lease by operation of law or otherwise, nor make any alterations, additions or improvements, without the written consent of the Lessor first obtained. Lessee will not invalidate any policies of insurance now or hereafter in force with respect to said Building and will pay all extra insurance premiums if any, required on account of extra risk caused by the Lessee's use of the Premises. Lessor is aware of the nature of Lessee's business and contemplated use of the Premises and the insurance has been calculated accordingly, and the business and contemplated use will not result in any extra insurance premiums to be paid by Lessee. Any construction, remodeling, additions, improvements or fixtures, except movable office furniture and trade fixtures, shall be made or installed by the use Lessee upon the Premises only after the Lessor has given written consent hereto which shall not be unreasonably withheld or delayed, and may be removed by Lessee upon termination of more copies of this Lease provided Lessee can remove the Licensed Materials than You are permitted to use at any given timesame without damaging the Premises or, if Your license is so restricted hereunderdamage results, Lessee repairs such damage at its sole cost. In Lessee agrees to pay promptly for any work done or material furnished in or about the event that You desire Premises and not to expand suffer or extend Your use, or permit any lien to migrate attach to different Products or functionality within the Premises and Lessee further agrees to cause any such Products You must notify Altium prior lien or any claims therefor to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by Youreleased promptly; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event Lessee contests any such claim, Lessee may withhold payment and allow a lien to attach provided Lessee agrees to indemnify and secure Lessor to Lessor's satisfaction. Notice is hereby given that no construction or other liens sought to be taken or attached to the original copy Premises or the Building of which the Premises is a part shall in any manner affect the right, title or interest of the Licensed Materials is lostLessor therein, corrupted and that Lessee shall have no authority from Lessor to permit or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to create any such additional license fees being paid by Youlien. In No items of any kind shall be stored or left for any period of time outside of the event that any provision confines of this ▇▇▇▇ is breached by You, the license granted herein Premises without the prior written consent of Lessor. Lessee shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure maintain a constant temperature of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not no less than 35 degrees Fahrenheit in breach hereof, or that Altium has acquiesced in such breachthe Premises.
Appears in 1 contract
Sources: Sale Agreement (Lincoln Snacks Co)
Restrictions on Use. This ▇▇▇▇ grants You Tenant acknowledges that the right to install Premises and use the Licensed Materials Common Areas may not be used or operated in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use violation of the Licensed Materials so long as such use does not result in the use of more copies requirements of the Licensed Materials than You are permitted to use at any given timeDeclaration, if Your license is so restricted hereunder. In the event that You desire to expand CC&Rs or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given timeRetch Hetchy Easement, and said copy Hazardous Materials may not be used only by Youor located on the Premises or Common Area in a manner which would adversely affect Landlord’s rights and benefits under the Seller Indemnity described in Subparagraph 40(d) [Seller Indemnity] (all such documents are collectively referred to as the “Restrictive Documents”); provided, however, that if You have licensed the Licensed Materials for parties agree that Tenant’s permitted use under this Lease and parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and activities that are prohibited on a single computer: a) you may install a second copy all or certain portions of the Licensed Materials Premises and Common Area pursuant to the Restrictive Documents on a home computer solely for Exhibit “P” attached hereto. In addition, Landlord shall have the right to modify Exhibit “P” to add other restrictions on use in connection withand activities on the Premises and Common Area under the Restrictive Documents, and governed by, the License granted hereinby written notice to Tenant, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and restrictions do not materially adversely affect Tenant’s permitted use only in the event the original copy of the Licensed Materials is lostPremises, corrupted Tenant’s Minimum Parking or in some other way made unavailable other than through use or possession by another person.
2.4.3Tenant’s access to the Premises. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously Tenant shall not use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including Premises or Common Area in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but a manner in violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAMEthe requirements listed on Exhibit “P”, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You as it may increase the number of persons or sites permitted be amended by Landlord from time to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees time in accordance with thenthe preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which will obstruct or interfere with the Clean-applicable pricingup Facilities, provided that or with the rights of any parties to the Declaration or the CC&Rs or any other tenant occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 40 [Hazardous Materials Liability]) on the Project on the Occupancy Date, and Tenant’s failure to remediate such additional persons in no way access or use the Licensed Existing Hazardous Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute be a basis for You violation of Tenant’s obligations under this Paragraph 6 with respect to assert that You are not in breach hereof, nuisance or that Altium has acquiesced in such breachwaste.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You The restrictions on use of the right Service shall be as set forth within this Section 2 and as may be further set forth in Exhibit A; provided that in the event of any conflict between the terms of Exhibit A and this Section 2, the terms of this Section 2 shall prevail.
a. Subscriber shall not sell, transfer, assign, publish, distribute, disseminate, allow access to install or convey any of the Databases and/or Software licensed and provided hereunder, or any derivation, revision or combination thereof, to any third party.
b. The Service is provided solely and exclusively for the internal use in the Licensed Materials Subscriber's business at the site or sites identified in Exhibit A ("the Authorized Site(s)") on the number of Authorized Devices initially as set forth in Exhibit A hereto and as may be subsequently increased or decreased (but provided that Subscriber at all times shall be considered to have at least the minimum number of Authorized Devices set forth in Exhibit A) from time to time in accordance with this paragraph, and at the terms installation addresses designated in Exhibit A. Subscriber shall not communicate, distribute, transfer, sell or otherwise furnish or permit to be furnished the Databases or any other part of the Service to any other site, subsidiary, affiliate, branch office or other place of business other than the Authorized Site(s) without the express prior written consent of S&P IMS, and any such attempted communication, distribution, etc. shall be a material breach of this Agreement. Should Subscriber desire to utilize the Service at a site or site(s) in addition to the Authorized Site(s) or at a site or sites other than the Authorized Site(s), Subscriber shall request in writing that Exhibit A be modified to include such new Authorized Site(s), Any modification to Exhibit A pursuant to the foregoing shall be effected pursuant to a written amendment to this Agreement signed by authorized representatives of Subscriber and S&P IMS. Such amendment will reflect any resulting adjustments to the fees set forth in Exhibit A for which Subscriber shall be responsible under which You have licensed this Agreement
c. Subscriber expressly acknowledges that the Licensed Materials from AltiumDatabases and Software were compiled, prepared, revised, selected and arranged by S&P IMS and/or its third-party suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of S&P IMS and/or its third-party suppliers. Notwithstanding Subscriber shall take reasonable precautions to avoid unauthorized access to or distribution of the foregoingDatabases and/or Software; Subscriber agrees to protect the copyright and/or any other proprietary rights of S&P IMS in the Databases and Software including, Altium permits You but not limited to, any contractual, statutory and common law rights, during, as well as after, the term of this Agreement; and Subscriber shall honor and comply with reasonable written requests made by S&P IMS and/or its third-party suppliers to make a Temporary Use protect the rights of S&P IMS and/or its third-party suppliers in and to the Databases and Software. In the event of any unauthorized use of the Licensed Materials so long as by an Authorized User, S&P may (a) terminate such Authorized User's access to the Licensed Material (b) terminate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use does not result in the use of more copies of occurred; and/or (c) terminate such Authorized User's access to the Licensed Materials than You are permitted upon Subscriber's request. S&P shall take none of the steps described in this paragraph without first providing ten (10) day notice to Subscriber. If the breach is not cured within a thirty (30) days period from the time of breach, S&P shall have the right to terminate the Agreement without further notice.
d. Subscriber shall not: (i) attempt to reverse engineer, disassemble, decompile or decrypt the Databases or the Software, or any portion thereof, (ii) create, generate or compile the source code of the Software or the data records of the Databases, or any portion thereof, nor (iii) aid or permit others to do so.
e. Subscriber shall have no right in or to any components of the Service, including any COMPUSTAT and S&P IMS media or Software included therein, except the right to use at the same in the course of Subscriber's business consistent with the provisions of this Agreement. Subscriber shall not move any given timeCOMPUSTAT and S&P IMS media or Software from the Authorized Site without the express prior written permission of S&P IMS. Subscriber shall not assign, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your usepledge, or encumber the COMPUSTAT and S&P IMS media or Software and Subscriber shall keep the COMPUSTAT and S&P IMS media and Software free and clear of all liens, levies, and encumbrances; failure to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing do so shall constitute a material breach of the applicable Licensed Materialsthis Agreement.
2.4.1. In no event f. Without limiting any other provision of this Agreement, Subscriber shall You: a) allow any of Your affiliatesnot upload, subsidiaries download or divisions, otherwise disseminate the Databases or any portion thereof to its Internet web site or the Internet web site of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Compustat Subscription Agreement
Restrictions on Use. This ▇▇▇▇ grants You the right to install and use the Licensed Materials in accordance In connection with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies the Premises, Tenant shall:
(1) Conform to all applicable laws and regulations of any public authority affecting the premises and the use, and correct at Tenant’s own expense any failure of compliance created through Tenant’s fault or by reason of Tenant’s use, but Tenant shall not be required to make any structural changes to effect such compliance, unless created by Tenant’s structural changes to the building.
(2) Refrain from any use that would be reasonably offensive to other tenants or owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the Licensed Materials than You are permitted premises. Notwithstanding this provision, Landlord acknowledges that Tenant’s use will occasion certain odors related to brewery and winery uses, and such odors shall not violate this provision.
(3) Refrain from loading the electrical system or floors beyond the point considered safe according to a competent engineer or architect.
(4) Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on or under the premises in violation of any applicable law. Tenant may use at any given time, if Your license is so restricted hereunderor otherwise handle on the Premises only those Hazardous Substances typically used or sold in the prudent and safe operation of the business specified in Section 3.1. In Tenant may store such Hazardous Substances on the event that You desire Premises only in quantities necessary to expand or extend Your satisfy Tenant’s reasonably anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or to migrate to different Products stored on the Premises. Upon the expiration or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing termination of this Lease, Tenant shall remove all of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic siteHazardous Substances from the Premises except those placed there by Landlord, or third partieswhich are otherwise the primary responsibility of Landlord. The term “Environmental Laws” shall mean any applicable federal, to copystate or local statute, have access to regulation or use ordinance or any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License applicable judicial or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited other governmental order pertaining to the restrictions on number protection of usershealth, if such restrictions apply to Your license hereunder; c) make copies of safety or the Licensed Materials for use environment. The term “Hazardous Substance” shall mean any hazardous, toxic, infectious or radioactive substance, waste, and material as defined or listed by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access Environmental Law and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminateinclude, without further action by Altium limitation, petroleum oil and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breachits fractions.
Appears in 1 contract
Restrictions on Use. This The provisions in this Paragraph concerning Tenant’s use of the Premises are cumulative with and in addition to all other provisions of this Lease.
(a) WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT IN EACH INSTANCE, NO SIGN, FIXTURE, ADVERTISEMENT, NOTICE, FLAG, ▇▇▇▇▇▇ grants You the right to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from AltiumPOLE, STATUTORY OR OBSTRUCTION SHALL BE DISPLAYED, INSCRIBED, PAINTED, AFFIXED OR OTHERWISE LOCATED ON ANY WINDOWS, EXTERIOR WALLS OR ROOF(S) OF THE IMPROVEMENTS OR ELSEWHERE ON THE PREMISES OUTSIDE ANY BUILDING WHICH IS PART OF THE PREMISES. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does Tenant shall not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand paint or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed on any exterior walls of the Improvements. Tenant shall not erect, install or hired as contractors maintain any awnings or shades on the outside of any of the Improvements.
(so long as such contractors have entered into an appropriate form b) Tenant shall not in any manner deface, damage or injure the Improvements or any part thereof, and Tenant shall not overload any floors or walls of confidentiality agreementthe Improvements. No apparatus or appliance that would in any manner damage, injure or vibrate the Premises shall be used or operated in or on the Premises. Tenant shall not permit any noise or odor objectionable to others to escape or be emitted from the Premises. Tenant shall not do anything, and shall not permit anything to be done, which would in any way create or tend to create a nuisance or disturb others.
(c) by You to simultaneously use At all times Tenant shall keep the Licensed Materials as are permitted under Premises and all abutting private ways, alleys, sidewalks and parking spaces clean and free of garbage, debris, trash and refuse. Tenant shall deposit all garbage, debris, trash and refuse in closed containers on the license obtained from Altium. At no time shall You permit Premises.
(d) WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, TENANT SHALL NOT STORE EQUIPMENT OR MATERIALS OUTSIDE THE IMPROVEMENTS HEREBY LEASED TO TENANT, NOR SHALL TENANT AT ANYTIME USE THE PREMISES OR SURROUNDING AREAS FOR THE STAGING OF EQUIPMENT OR MATERIALS.
(e) Without the number prior written consent of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the sameLandlord, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons Tenant’s right to use the Licensed Materials paved or otherwise, parking areas appurtenant to the Premises shall constitute be and is limited to ingress and egress and the parking of automobiles incident to the use of the Premises. Tenant shall not only breach use or allow the parking areas to be used for the storage of this ▇▇▇▇, but violation large trucks or heavy equipment without the prior written consent of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMSLandlord.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein (f) Tenant shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breachalso .
Appears in 1 contract
Sources: Lease (Knology Inc)
Restrictions on Use. This ▇▇▇▇ grants You the right Tenant hereby agrees to install and use the Licensed Materials rented Facilities in accordance with the terms under which You have licensed following:
a. Tenant shall not use the Licensed Materials from Altium. Notwithstanding Facilities for any purpose or in any manner that is unlawful or otherwise prohibited by this Agreement.
b. Tenant shall not use the foregoingFacilities in any manner that could damage, Altium permits You to make a Temporary Use disable, overburden, or impair the Facilities in any manner whatsoever, or in any manner that would unreasonably interfere with the District’s and/or additional users’ use and enjoyment of the Licensed Materials so long Facilities.
c. Tenant shall be entitled to serve alcoholic beverages as part of Tenant’s Event; provided, that Tenant obtains any applicable liquor licenses for the Facilities as may be required by law and issued by the State of Colorado and County of Arapahoe, Colorado and provided that Tenant complies with and enforces, at all times, all local, state and county liquor laws, ordinances, rules and regulations governing the serving and/or consumption of alcohol at Tenant’s Event. Tenant agrees to ensure that no persons under 21 years of age will consume any type of alcoholic beverage during the Event. The Tenant agrees to be solely responsible for any claim or liability that arises as a result of the serving of alcoholic beverages at the Event. In the event Tenant fails to obtain such use does not license and/or adhere to all applicable liquor laws, rules and regulations, Tenant shall be prohibited from serving alcoholic beverages at the Event. Copies of all permits for consuming alcoholic beverages must be submitted to District at least seven (7) days prior to the Event. Failure to provide such permits within the time period specified herein shall result in revoking Tenant’s privilege of consuming or selling alcoholic beverages at the use of more copies Event.
d. Tenant acknowledges that it has received a copy of the Licensed Materials than You are permitted District’s rules and regulations. Tenant agrees to use comply with all District rules and regulations governing the Facilities, together with all local, county and state laws, ordinances and regulations.
e. Tenant shall ensure that the number of invitees and guests for the Event shall not exceed the stated capacity allowed for the Facilities, nor admit a larger number of persons that can safely and freely move about in the rented Facilities.
f. Tenant shall not make any modifications to the Facilities without the prior written authorization of the District.
g. The Facilities identified in Section 1 of this Agreement must be restored to their original condition at the expiration of the Term of this Agreement set forth in Section 2 above. Tenant shall remove any given time, if Your license is so restricted hereundertrash or other items from or adjacent to the Facilities resulting from Tenant’s Event prior to the expiration of the Term. In the event that You desire to expand trash and other items remain in, at or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited adjacent to the restrictions on number Facilities as a result of usersTenant’s Event, if such restrictions apply the District shall clean the Facilities and remove any trash and other items in, at or adjacent to Your license hereunder; c) make copies of the Licensed Materials Facilities, and Tenant shall reimburse the District for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered all cleaning costs incurred by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted UsesDistrict.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Facility Rental Agreement
Restrictions on Use. This ▇▇▇▇ grants You Tenant shall not do or permit to be done in or about the right Premises or the Project, nor bring or keep or permit to install and use be brought or kept in or about the Licensed Materials in accordance with the terms under Premises or Project, anything which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand prohibited by or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials will in any way that is increase the existing rate of (or otherwise effect) fire or any other insurance covering the Project or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Project or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in compliance or about the Premises or the Project which will constitute waste or which will in any way obstruct or interfere with Permitted Uses.
2.4.2. In the event that You have licensed rights of other tenants or occupants of the Licensed Materials for Project or injure or annoy them, or use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may or allow the Premises to be used only by You; providedfor any unlawful purpose, howevernor shall tenant cause, that if You have licensed maintain or permit any nuisance in or about the Licensed Materials for use on a single computer: a) you may install a second copy Premises or the Project. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You Landlord. Tenant shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously not use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons Premises for whom You have licensed the samesleeping, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one timewashing clothes, or the features and functionality preparation, manufacture or mixing of Your Licensed Materials through Extensions anything that might emit any objectionable odor, noises or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access lights into the adjoining premises or use the Licensed Materialscommon areas, or the additional functionalityProject. Tenant shall not do anything on the Premises that will cause damage to the project or the building in which the Premises are located and the Premises shall not be overloaded. No machinery, prior apparatus or other appliance shall be used or operated in the Premises that will in any manner injure, vibrate or shake the Premises. Landlord shall be the sole judge of whether such odors, noises, lights or vibrations are such as to any such additional license fees being paid by You. In violate the event that any provision provisions of this ▇▇▇▇ is breached paragraph. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereofLandlord, or that Altium has acquiesced in such breachinside of the building proper where designated; and no toxic or hazardous materials shall be disposed of through the plumbing or sewage system. No materials, supplies, equipment, finished products or semi-finished projects, raw materials or articles of any nature shall be stored or permitted to remain outside of the building proper. No retail sales shall be made on the Premises.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You the right Tenant shall comply promptly with all applicable statutes, ordinances, rules, regulations, restrictions, orders and requirements relating to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies the Premises. Tenant shall not use or permit the use of the Licensed Materials than You Premises in any manner that will tend to create a nuisance or tend to disturb other tenants or occupants of the Property or tend to injure the reputation of the Property. Tenant shall not sell, exhibit or display any immoral or pornographic materials, goods or services in or on the Premises. Landlord shall, in its sole discretion, determine whether such materials, goods or services are permitted immoral or pornographic in nature. Landlord may, without liability therefore or notice to use at Tenant, remove any given timeitem placed, if Your license is so restricted hereunder. In constructed or maintained by Tenant upon or outside of any roof, wall or window of the event that You desire to expand Premises or extend Your usethe Property, or to migrate to different Products in the hallways or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing Common Areas of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed MaterialsProperty, unless such access or use is item has been previously consented to in connection writing by Landlord. Tenant shall comply at all times with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate any Rules and Regulations and such amendments and modifications thereof and additions thereto as Landlord may from time to time reasonably adopt for the terms of this ▇▇▇▇safety, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies care and cleanliness of the Licensed Materials Property or the preservation of good order therein. Landlord shall not be liable to Tenant for the failure of any tenant or other person to comply with such Rules and Regulations, provided Landlord takes reasonable action to compel such tenant or person to comply upon Landlord gaining knowledge of such noncompliance. Tenant shall not use the Premises or any part thereof for any purpose or occupancy which will exceed the parking requirement beyond City parking ratio for general office use or increase the existing rate of insurance upon the Premises or the Property or cause the cancellation of any insurance policy covering the Premises or the Property, nor shall Tenant keep or permit to be kept or used in or about the Premises any article which may be prohibited by standard fire insurance policies. Failure by Tenant to comply with any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving these provisions shall constitute a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials Tenant default as stipulated in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy Section 13.01 of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personLease.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the right to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials Premises or from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at the Common Areas as a different geographic siteresult of the use thereof by Tenant or any of Tenant’s employees, agents, representatives, customers, visitors, invitees, licensees, contractors, assignees or subtenants (each a, “Tenant Party”), nor take any action or permit any action to be taken by any Tenant Party which would constitute a nuisance or would disturb, obstruct or endanger any other tenants or occupants of the Building or Project, or third partiesinterfere with their use of their respective premises or the Common Areas. Storage outside the Premises of materials, vehicles or any other items is prohibited. Tenant shall not use or allow the Premises to copybe used for any immoral, have access to improper or use unlawful purpose, nor shall Tenant commit or suffer the commission of any portion whatsoever waste in, on or about the Premises. Tenant shall not allow any sale by auction upon the Premises, or place any loads upon the floors, walls or ceilings which could endanger the structure, or place any harmful substances in the drainage system of the Licensed Materials unless You have licensed Building or Project. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Licensed Materials on a Continental License Premises except in trash containers placed inside exterior enclosures designated for that purpose by Landlord. Landlord shall not be responsible to Tenant for the noncompliance by any other tenant or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use occupant of the Licensed Materials as stated Building or Project with any rules or regulations or any other terms or provisions of such tenant’s or occupant’s lease or other contract. Landlord shall use commercially reasonable efforts to end or minimize interference or disturbance by other tenants or third persons after Tenant has requested Landlord to do so in Section 2.3 abovewriting; b) allow provided that Landlord shall not be liable for such interference or disturbance, nor shall Tenant be released from any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms obligations of this ▇▇▇▇Lease because of such interference or disturbance. “Commercially reasonable efforts” of Landlord shall not include payment of money, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by commencing or participating in any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” litigation or other basis; similar proceeding or f) using the Licensed Materials in any way that is not in compliance with Permitted Usesincurring liability.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Office Lease (NovaRay Medical, Inc.)
Restrictions on Use. This ▇▇▇▇ grants You Tenant will not, without the prior written consent of Landlord, which shall not be withheld, conditioned or delayed unless such use shall cause a Design Problem, use any apparatus or device in the Premises which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space, nor connect any apparatus, machine or device with water pipes or electric current (except through existing electrical outlets in the Premises), for the purpose of using electric current or water. If any lights, machines or equipment (other than standard general office equipment for comparable tenants) are used by Tenant in the Premises which materially affect the temperature otherwise maintained by the air conditioning system, or generate substantially more heat in the Premises than would be generated by the building standard lights and usual office equipment, Landlord shall have the right to install any machinery and use the Licensed Materials in accordance with the terms under equipment which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You Landlord reasonably deems necessary to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇restore temperature balance, including but not limited to modifications to the restrictions on number standard air conditioning equipment, and the cost thereof, including the cost of usersinstallation and any additional cost of operation and maintenance occasioned thereby, if such restrictions apply shall be paid by Tenant to Your license hereunder; cLandlord within thirty (30) make copies days after demand therefor by Landlord. If Tenant desires service for the excess consumption needs of Tenant, following Tenant’s written request of Landlord to provide the same and Tenant’s written approval of the Licensed Materials cost thereof, and if Landlord is able to provide such service with its available facilities, Landlord shall provide such services and charge Tenant the Actual Costs for use such additional needs. When reasonably appropriate to do so based upon a reasonable history of such excess electrical consumption by any Tenant, Landlord shall have the right to install, at Tenant’s expense, an electric current meter in the Premises to measure the amount of Your other affiliateselectric current consumed on the Premises. In those cases where Landlord requires Tenant to pay for excess usage of electricity, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” water or other basis; service or f) using the Licensed Materials in any way utility, Landlord shall provide, upon Tenant’s request, evidence that is not such charges are made in compliance with Permitted Uses.
2.4.2the terms of this Lease. In Provided such units do not pose a Design Problem, Landlord will reasonably approve Tenant’s request to install supplemental air-conditioning units (“Supplemental AC Units”) provided all work is performed (including the event that You have licensed installation of 220 volt electrical power and installation of separate meters for the Licensed Materials for use in connection with a single computerelectricity used by such Supplemental AC Units) at Tenant’s sole cost and expense, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously complies with the original copy; other terms applicable to Alterations to the Premises and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personTenant reimburses Landlord for all electrical charges for operating such Supplemental AC Units.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Office Lease (Aecom Technology Corp)
Restrictions on Use. This ▇▇▇▇ grants You Tenant shall not use or occupy, suffer or permit the right Premises or any part thereof to install and use be used in any manner, or anything to be done therein, or suffer or permit anything to be brought into or kept therein, which would in any way: (a) violate any applicable laws or requirements of any Governmental Authority; (b) make void or voidable any insurance policy then in force with respect to the Licensed Materials Building or the Premises; (c) make unobtainable from reputable insurance companies authorized to do business in accordance the State of Connecticut at standard rates any fire insurance with extended coverage, or liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long Superior Mortgages or Superior Leases, if any; (d) cause, or be likely to cause, physical damage to the Building or Complex or any part thereof; (e) constitute a public or private nuisance; (f) materially or unreasonably impair the appearance or reputation of the Building; (g) discharge noxious fumes, vapors or odors into the Building's air conditioning system or into Building's flues or vents or otherwise in such a manner as such use does not result in may unreasonably offend other occupants; (h) cause substantial or objectionable noise or vibrations; (i) impair or interfere with any of the Building's or Complex's services or operations, including, without limitation, the furnishing of electrical energy, or the proper and economic cleaning, air conditioning or other servicing of the Building or the Premises or impair or interfere with the use of more copies any of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In other areas of the event that You desire to expand 16 Building or extend Your usethe Complex, or occasion material or unreasonable discomfort, annoyance or inconvenience to migrate to different Products Landlord or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries other tenants or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever occupants of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License Building or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials Complex; or (j) for any certified public accounting business providing services to the general public (as stated in Section 2.3 above; b) allow any opposed to Tenant employees and/or third party auditors, accountants and contractors providing accounting, valuation or audit services to have access to or use any portion whatsoever Tenant in the ordinary course of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms Tenant's business). The provisions of this ▇▇▇▇Section, including but and the application thereof, shall not be deemed to be limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In to or by the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at provisions of any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy other Section of this Article or any of the Licensed Materials on Rules and Regulations referred to in Article 27 or set forth in Exhibit C attached hereto and made a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personpart hereof.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You Tenant acknowledges that the right to install Premises and use the Licensed Materials Common Areas may not be used or operated in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use violation of the Licensed Materials so long as such use does not result in the use of more copies requirements of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In Declaration or the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given timeCC&Rs, and said copy Hazardous Materials may not be used only by Youor located on the Premises or Common Area in a manner which would adversely affect Landlord's rights and benefits under the Seller Indemnity described in Subparagraph 40(d) [Seller Indemnity] (all such documents are collectively referred to as the "Restrictive Documents"); provided, however, that if You have licensed the Licensed Materials for parties agree that Tenant's permitted use under this Lease and parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and activities that are prohibited on a single computer: a) you may install a second copy all or certain portions of the Licensed Materials Premises and Common Area pursuant to the Restrictive Documents on a home computer solely for Exhibit "P" attached hereto. In addition, Landlord shall have the right to modify Exhibit "P" to add other restrictions on use in connection withand activities on the Premises and Common Area under the Restrictive Documents, and governed by, the License granted hereinby written notice to Tenant, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and restrictions do not materially adversely affect Tenant's permitted use only in the event the original copy of the Licensed Materials is lostPremises, corrupted Tenant's Minimum Parking or in some other way made unavailable other than through use or possession by another person.
2.4.3Tenant's access to the Premises. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously Tenant shall not use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including Premises or Common Area in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but a manner in violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAMEthe requirements listed on Exhibit "P", AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You as it may increase the number of persons or sites permitted be amended by Landlord from time to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees time in accordance with thenthe preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which will obstruct or interfere with the Clean-applicable pricingup Facilities, provided that or with the rights of any parties to the Declaration or the CC&Rs or any other tenant or occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 40 [Hazardous Materials Liability]) on the Project on the Occupancy Date, and Tenant's failure to remediate such additional persons in no way access or use the Licensed Existing Hazardous Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute be a basis for You violation of Tenant's obligations under this Paragraph 6 with respect to assert that You are not in breach hereof, nuisance or that Altium has acquiesced in such breachwaste.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You Tenant shall comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the right to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use by Tenant of the Licensed Materials so long as such Premises and all requirements of all insurance carriers or underwriters providing coverage on the Building, the Premises or the contents thereof. Tenant shall not use does not result in or permit the use of more copies the Premises in any manner that will create a nuisance or disturb other tenants or occupants of the Licensed Materials than You are permitted Building or injure the reputation of the Building or which will invalidate any property damage or liability insurance maintained on the Premises or the Building. No auction, fire sale, bankruptcy sale, sidewalk sale, end of lease sale, going out of business sale or any similar sale, may be conducted in the Premises without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Tenant shall use reasonable efforts to use at any given timecomplete or cause to be completed all deliveries, if Your license is so restricted hereunder. In loading, unloading, rubbish removal, and other services to the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium Premises prior to any the hours reasonably established from time to time by Landlord, and shall not permit loading, unloading or parking of delivery vehicles in areas of the Building other than those designated by Landlord for such expanded or extended use purpose. Tenant shall comply at all times with the Rules and arrange Regulations attached to this Lease as Exhibit “C” and, upon receipt of written notice thereof, such reasonable amendments, modifications and additions thereto as Landlord may from time to time reasonably adopt for the licensing safety, care and cleanliness of the applicable Licensed Materials.
2.4.1Building or the preservation of good order therein. In no event Landlord shall You: a) allow not be liable to Tenant for the failure of any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” tenant or other basis; or f) using the Licensed Materials in any way that is not in compliance person to comply with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install such Rules and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricingRegulations, provided that Landlord shall use reasonable efforts to encourage such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breachcompliance.
Appears in 1 contract
Sources: Lease Agreement
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance with a safe and proper manner, shall not commit or suffer any waste on or about the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoingProject, Altium permits You to and shall not make a Temporary Use any use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license Project that is so restricted hereunder. In the event that You desire to expand prohibited by or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior contrary to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, Legal Requirements or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereofDeclaration, or that Altium has acquiesced would cause a public or private nuisance. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Premises, except that Landlord shall obtain all building permits and approvals required for the Base Building Work and, if Landlord manages the Tenant Improvements Work pursuant to Section 3.3, all building permits and approvals required for the Tenant Improvements Work and a certificate of occupancy for the Premises. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on the Project that is illegal, dangerous, or that unreasonably disturbs other tenants. Tenant shall not do or permit to be done any act or thing on the Project that will invalidate or be in conflict with any insurance policies, or that will increase the rate of any insurance, covering the Building or any of the Other Buildings. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about the Project, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such breachincrease. Tenant shall cause any fire lanes located within the Project to be kept free of all parking associated with its business or occupancy. Tenant shall conduct its business at all times so as not to unreasonably annoy or be offensive to other tenants and occupants of the Project. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound-proofing or noise control systems and odor control systems, as may be needed to eliminate noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets, bookcases, partitions, shelves or other furnishings or equipment in a location that blocks any windows.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You A. No use shall be made or permitted to be made of the right Premises, nor acts done, that will increase the existing rate of insurance upon the Building or cause a cancellation of any insurance policy covering the Building or any part thereof, nor shall Tenant sell, or permit to install be kept, used, or sold in, on or about the Premises or the Building, any illegal substance or any article that may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining to the Premises and/or Tenant’s use thereof, made by any insurance organization or company providing fire and public liability insurance covering the Licensed Materials Building.
B. Tenant shall not do or permit anything to be done in accordance or about the Premises which will in any way obstruct or interfere with the terms under which You have licensed rights of other tenants or occupants of the Licensed Materials from AltiumBuilding or injure or annoy them, nor shall Tenant use or allow the Premises or any part of the Building to be used for any immoral, unlawful, or objectionable purposes. Notwithstanding Without limiting the generality of the foregoing, Altium permits You Tenant not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Premises or the Building. Tenant shall not commit, or suffer to make a Temporary Use be committed, any waste upon the Premises or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other tenant in the Building. The provisions of this paragraph are for the benefit of Landlord only and are not, and shall not be construed to be, for the benefit of any tenant or occupant of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand Building or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d.
C. Tenant shall comply with all Environmental Laws pertaining to and shall not engage in any activity involving, nor bring upon the Premises, any Hazardous Materials (Except for immaterial amounts of Hazardous Materials incidental to office use (e.g. copier toner, cleaning supplies) allow more than and which are used in strict compliance with applicable law and any rules and regulations promulgated by Landlord) without the number express prior written consent of permitted persons to access Landlord. For the purpose of this Lease, “Hazardous Materials” shall be defined, collectively, as any and use all substances, chemicals, wastes, sewage or other materials that are now or hereafter regulated, controlled or prohibited by any local, state or federal law or regulation requiring removal, warning or restrictions on the Licensed Materials at any one timeuse, generation, disposal or transportation thereof including, without limitation, (whether involving a) any substance defined as a single license “hazardous substance”, “hazardous material”, “hazardous waste”, “toxic substance”, or a license that allows multiple users“air pollutant” in the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), including any Temporary Uses42 U.S.C. 9601, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Useset seq.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted hereinHazardous Materials Transportation Act, so long as such copy is never used simultaneously with 49 U.S.C. 1801, et seq., the original copy; Resource Conservation and b) You may make a back-upRecovery Act (“RCRA”), archival copy thereof that You shall install and use only in 42 U.S.C. 6901, et seq., the event Federal Water Pollution Control Act (“FWPCA”), 33 U.S.C. 1251 et seq., the original copy of the Licensed Materials is lostClean Air Act (“CAA”), corrupted or in some other way made unavailable other than through use or possession by another person42 U.S.C. 7401 et seq.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features Toxic Substances Control Act (“TSCA”), 15 U.S.C. 2601, et seq., all as previously amended and functionality of Your Licensed Materials through Extensions or otherwiseamended hereafter; and (b) any hazardous substance, by paying Altium additional license fees in accordance with then-applicable pricinghazardous waste, provided that such additional persons in no way access or use the Licensed Materialstoxic substance, toxic waste, air pollutant, hazardous material, waste, chemical, or compound described in any other federal, state, or local statute, ordinance, code, rule, regulation, order, decree or other law now or at any time hereafter in effect regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous substance, chemical, material, compound or waste. As used herein, the additional functionalityterm “Hazardous Materials” also means and includes, prior without limitation, asbestos; flammable, explosive or radioactive materials; gasoline or gasoline additives; oil; motor oil; waste oil; petroleum (including, without limitation, crude oil or any component thereof); petroleum-based products; paints and solvents; lead; cyanide; DDT; printing inks; acids; pesticides; ammonium compounds; polychlorinated biphenyls; and other regulated chemical products. The statutes, regulations, court and administrative agency decisions, and other laws now or at any time hereafter in effect that govern or regulate Hazardous Materials are herein collectively referred to any such additional license fees being paid by Youas “Environmental Laws”. In connection therewith, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all losses, damages, liabilities, judgments, costs, claims, expenses, penalties, permits, and attorneys’ and consultant’s fees arising out of or involving any Hazardous Materials brought onto the event that Premises or used in the Premises by any provision person whatsoever, other than Landlord, its agents, employees independent contractors or invitees, or brought onto the Building or used therein by Tenant, its agents, employees, independent contractors or invitees. Tenant’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment and the cost of investigation, removal, remediation, restoration and/or abatement thereof, and shall survive the expiration or earlier termination of this ▇▇▇▇ Lease. Tenant further acknowledges that it is breached aware of the fact that the Building contains materials containing asbestos and that a report pertaining thereto is available for Tenant’s review at the office of the Building. Tenant shall comply with all Environmental Laws as well as rules and regulations promulgated from time to time by YouLandlord relating to the use and disposal of asbestos containing materials. Tenant’s indemnification hereunder shall include, the license granted herein shall automatically terminatebut is not limited to, without further action by Altium and whether any claimed injury or not You abide by such termination. Failure of Altium death to learn about any such breach shall not constitute a basis for You Tenant or its agents, employees or independent contractors related to assert that You are not in breach hereof, or that Altium has acquiesced in such breachexposure to asbestos containing materials.
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Restrictions on Use. This ▇▇▇▇ grants You Tenant acknowledges that the right to install Premises and use the Licensed Materials Common Areas may not be used or operated in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use violation of the Licensed Materials so long as such use does not result in the use of more copies requirements of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In Declaration or the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given timeCC&Rs, and said copy Hazardous Materials may not be used only by Youor located on the Premises or Common Area in a manner which would adversely affect Landlord’s rights and benefits under the Seller Indemnity described in Subparagraph 39(d) [Seller Indemnity] (all such documents are collectively referred to as the “Restrictive Documents”); provided, however, that if You have licensed the Licensed Materials for parties agree that Tenant’s permitted use under this Lease and parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and activities that are prohibited on a single computer: a) you may install a second copy all or certain portions of the Licensed Materials Premises and Common Area pursuant to the Restrictive Documents on a home computer solely for Exhibit “G” attached hereto. In addition, Landlord shall have the right to modify Exhibit “G” to add other restrictions on use in connection withand activities on the Premises and Common Area under the Restrictive Documents, and governed by, the License granted hereinby written notice to Tenant, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and restrictions do not materially adversely affect Tenant’s permitted use only in the event the original copy of the Licensed Materials is lostPremises, corrupted Tenant’s Minimum Parking or in some other way made unavailable other than through use or possession by another person.
2.4.3Tenant’s access to the Premises. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously Tenant shall not use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including Premises or Common Area in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but a manner in violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAMEthe requirements listed on Exhibit “G”, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You as it may increase the number of persons or sites permitted be amended by Landlord from time to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees time in accordance with thenthe preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which will obstruct or interfere with the Clean-applicable pricingup Facilities, provided that or with the rights of any parties to the Declaration or the CC&Rs or any other tenant or occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 39 [Hazardous Materials Liability]) on the Project on the Commencement Date, and Tenant’s failure to remediate such additional persons in no way access or use the Licensed Existing Hazardous Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute be a basis for You violation of Tenant’s obligations under this Paragraph 6 with respect to assert that You are not in breach hereof, nuisance or that Altium has acquiesced in such breachwaste.
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Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance with a safe and proper manner, shall not commit or suffer any waste on or about the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoingProject, Altium permits You to and shall not make a Temporary Use any use of the Licensed Materials so long as such use does not result in Project that is prohibited by or contrary to any Legal Requirements or the Declaration, or that would cause a public or private nuisance. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of more copies the Premises. Landlord shall obtain all building permits and approvals for the Landlord’s Work and a related certificate of occupancy. Tenant shall not overload the floors or other structural parts of the Licensed Materials than You are permitted to use at Building; and shall not commit or suffer any given timeact or thing on the Project that is illegal, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your usedangerous, or that unreasonably disturbs other tenants. Tenant shall not do or permit to migrate to different Products be done any act or functionality within thing on the Project that will invalidate or be in conflict with any such Products You must notify Altium prior to insurance policies, or that will increase the rate of any such expanded insurance, covering the Building or extended use and arrange for the licensing any of the applicable Licensed Materials.
2.4.1Other Buildings. In no event shall You: a) allow any If, because of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇▇▇’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about the Project, including but the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase. Tenant shall cause any fire lanes located within the Project to be kept free of all parking associated with its business or occupancy. Tenant shall conduct its business at all times so as not limited to unreasonably annoy or be offensive to other tenants and occupants of the restrictions on number Project. Tenant shall not permit the emission of usersany objectionable noise or odor from the Premises and shall at its own cost install such extra sound‑proofing or noise control systems and odor control systems, as may be needed to eliminate noise, vibrations and odors, if such restrictions apply to Your license hereunder; c) make copies of any, emanating from the Licensed Materials for use by Premises being heard, felt or smelled outside the Premises. Tenant shall not place any of Your other affiliatesfile cabinets, subsidiaries or divisionsbookcases, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one timepartitions, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” shelves or other basis; furnishings or f) using the Licensed Materials equipment in a location that blocks any way that is not in compliance with Permitted Useswindows.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
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Restrictions on Use. This ▇▇▇▇ grants You A. No use shall be made or permitted to be made of the right Premises, nor acts done, that will cause a cancellation of any insurance policy covering the Building or any part thereof, nor shall Tenant sell, or permit to install be kept, used, or sold in, on or about the Premises or the Building, any illegal substance or any article that may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining to the Premises and/or Tenant’s use thereof, made by any insurance organization or company providing fire and commercial general liability insurance covering the Licensed Materials Building.
B. Tenant shall not use or allow the Premises or any part of the Building to be used for any unlawful, or reasonably objectionable purposes. Without limiting the generality of the foregoing, Tenant not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in accordance with or upon the Premises or the Building. Tenant shall not commit, or suffer to be committed, any waste upon the Premises or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other tenant or occupant of adjacent buildings. The provisions of this paragraph are for the benefit of Landlord only and are not, and shall not be construed to be, for the benefit of any third party. Landlord expressly acknowledges, however, that as part of Tenant’s use of the Premises Tenant my routinely drive motor vehicles such as cars and trucks into the Premises for the purposes of installing and/or testing Tenant’s products and that such usage, if carried out responsibly, will not be deemed to violate the terms of this Lease, inclusive of the terms of Paragraph 9.C below.
C. Tenant shall comply with all Environmental Laws pertaining to and shall not engage in any activity involving, nor bring upon the Premises or the Building, any Hazardous Materials (except for immaterial amounts of Hazardous Materials incidental to the permitted use (e.g. copier toner, cleaning supplies and incidental amounts of motor oil and automotive related products) and which are used in strict compliance with applicable law and any rules and regulations promulgated by Landlord) without the express prior written consent of Landlord. For the purpose of this Lease, “Hazardous Materials” shall be defined, collectively, as any and all substances, chemicals, wastes, sewage or other materials that are now or hereafter regulated, controlled or prohibited by any local, state or federal law or regulation requiring removal, warning or restrictions on the use, generation, disposal or transportation thereof including, without limitation, (a) any substance defined as a “hazardous substance”, “hazardous material”, “hazardous waste”, “toxic substance”, or “air pollutant” in the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq., the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. 6901, et seq., the Federal Water Pollution Control Act (“FWPCA”), 33 U.S.C. 1251 et seq., the Clean Air Act (“CAA”), 42 U.S.C. 7401 et seq., or the Toxic Substances Control Act (“TSCA”), 15 U.S.C. 2601, et seq., all as previously amended and amended hereafter; and (b) any hazardous substance, hazardous waste, toxic substance, toxic waste, air pollutant, hazardous material, waste, chemical, or compound described in any other federal, state, or local statute, ordinance, code, rule, regulation, order, decree or other law now or at any time hereafter in effect regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous substance, chemical, material, compound or waste. As used herein, the term Hazardous Materials also means and includes, without limitation, asbestos; flammable, explosive or radioactive materials; gasoline or gasoline additives; oil; motor oil (except as described above); waste oil; petroleum (including, without limitation, crude oil or any component thereof); petroleum-based products; paints and solvents; lead; cyanide; DDT; printing inks; acids; pesticides; ammonium compounds; polychlorinated biphenyls; and other regulated chemical products. The statutes, regulations, court and administrative agency decisions, and other laws now or at any time hereafter in effect that govern or regulate Hazardous Materials are herein collectively referred to as “Environmental Laws”. In connection therewith, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all losses, damages, liabilities, judgments, costs, claims, expenses, penalties, permits, and attorneys’ and consultant’s fees arising out of or involving any Hazardous Materials brought onto the Premises or used in the Premises following the delivery of possession of the Premises by Landlord to Tenant by any person whatsoever, other than Landlord, its agents, employees, independent contractors or invitees, or brought onto the Building or used therein by Tenant, its agents, employees, independent contractors or invitees. Tenant’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment and the cost of investigation, removal, remediation, restoration and/or abatement thereof, and shall survive the expiration or earlier termination of this Lease. Tenant further acknowledges that it is aware of the fact that the Building may contain Hazardous Materials and that a report and/or other information pertaining thereto may be available for Tenant’s review at the office of Landlord. Tenant shall comply with all Environmental Laws as well as rules and regulations reasonably promulgated from time to time by Landlord relating to the use and disposal of any asbestos containing materials and lead based paint which You have licensed may be present. Tenant’s indemnification hereunder shall include, but is not limited to, any claimed injury or death to Tenant or its agents, employees or independent contractors related to exposure to Hazardous Materials. Unless the Licensed same results from Tenant’s use or alteration of the Premises, in no event, will Tenant be responsible for any losses, costs, claims, liabilities or damages arising out of or in connection with any Hazardous Materials present at any time on or about the Premises or the Building, or the soils, ground water or surface water thereof, or the violation of any environmental laws, except to the extent that any of the foregoing actually results from Altiumthe release or disposal of Hazardous Materials by Tenant, its agents, employees, contractors, invitees, sublessee or assigns in violation of applicable environmental laws. Notwithstanding the foregoing, Altium permits You Tenant’s obligations hereunder, including without limitation, Tenant’s indemnity obligations, shall not apply to make a Temporary Use Hazardous Materials located on, under or about the Building as of date of this Lease, unless and to the Licensed extent that Tenant’s activity exacerbate the effects of such Hazardous Materials so long as such use does not result or require their removal or other remediation. However, in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any will Tenant be responsible for losses, costs, claims, liabilities or damages arising out of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Hazardous Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials present at any one timetime on or about the Premises or the Building, or the features and functionality of Your Licensed Materials through Extensions soils, ground water or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materialssurface water thereof, or the additional functionalityviolation of any environmental laws, prior except to the extent that any of the foregoing actually results from the release or disposal of Hazardous Materials by Tenant, its agents, employees, contractors, invitees, sublessees or assigns in violation of applicable Environmental Laws. Unless resulting from Tenant’s specific use or alteration of the Premises, in which case Tenant shall be responsible for all costs associated with the removal, containment and other costs related thereto, Landlord shall remain solely responsible for any costs, and will indemnify, defend, protect and hold Tenant harmless from and against any and all loss, cost, damage or liability associated with the legally required removal or remediation of any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breachHazardous Materials.
Appears in 1 contract
Sources: Lease (Colonnade Acquisition Corp.)
Restrictions on Use. This ▇▇▇▇ grants You A. No use shall be made or permitted to be made of the right Premises, nor acts done, that will1 cause a cancellation of any insurance policy covering the Building or any part thereof, nor shall Tenant sell, or permit to install be kept, used, or sold in, on or about the Premises or the Building, any illegal substance or any article that may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining to the Premises and/or Tenant’s use thereof, made by any insurance organization or company providing fire and commercial general liability insurance covering the Licensed Materials Building.
B. Tenant shall not use or allow the Premises or any part of the Building to be used for any unlawful, or reasonably objectionable purposes. Without limiting the generality of the foregoing, Tenant not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in accordance with or upon the Premises or the Building. Tenant shall not commit, or suffer to be committed, any waste upon the Premises or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other tenant or occupant of adjacent buildings. The provisions of this paragraph are for the benefit of Landlord only and are not, and shall not be construed to be, for the benefit of any third party. Landlord expressly acknowledges, however, that as part of Tenant’s use of the Premises Tenant my routinely drive motor vehicles such as cars and trucks into the Premises for the purposes of installing and/or testing Tenant’s products and that such usage, if carried out responsibly, will not be deemed to violate the terms of this Lease, inclusive of the terms of Paragraph 9.C below.
C. Tenant shall comply with all Environmental Laws pertaining to and shall not engage in any activity involving, nor bring upon the Premises or the Building, any Hazardous Materials (except for immaterial amounts of Hazardous Materials incidental to the permitted use (e.g. copier toner, cleaning supplies and incidental amounts of motor oil and automotive related products) and which are used in strict compliance with applicable law and any rules and regulations promulgated by Landlord) without the express prior written consent of Landlord. For the purpose of this Lease, “Hazardous Materials” shall be defined, collectively, as any and all substances, chemicals, wastes, sewage or other materials that are now or hereafter regulated, controlled or prohibited by any local, state or federal law or regulation requiring removal, warning or restrictions on the use, generation, disposal or transportation thereof including, without limitation, (a) any substance defined as a “hazardous substance”, “hazardous material”, “hazardous waste”, “toxic substance”, or “air pollutant” in the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq., the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. 6901, et seq., the Federal Water Pollution Control Act (“FWPCA”), 33 U.S.C. 1251 et seq., the Clean Air Act (“CAA”), 42 U.S.C. 7401 et seq., or the Toxic Substances Control Act (“TSCA”), 15 U.S.C. 2601, et seq., all as previously amended and amended hereafter; and (b) any hazardous substance, hazardous waste, toxic substance, toxic waste, air pollutant, hazardous material, waste, chemical, or compound described in any other federal, state, or local statute, ordinance, code, rule, regulation, order, decree or other law now or at any time hereafter in effect regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous substance, chemical, material, compound or waste. As used herein, the term Hazardous Materials also means and includes, without limitation, asbestos; flammable, explosive or radioactive materials; gasoline or gasoline additives; oil; motor oil (except as described above); waste oil; petroleum (including, without limitation, crude oil or any component thereof); petroleum-based products; paints and solvents; lead; cyanide; DDT; printing inks; acids; pesticides; ammonium compounds; polychlorinated biphenyls; and other regulated chemical products. The statutes, regulations, court and administrative agency decisions, and other laws now or at any time hereafter in effect that govern or regulate Hazardous Materials are herein collectively referred to as “Environmental Laws”. In connection therewith, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all losses, damages, liabilities, judgments, costs, claims, expenses, penalties, permits, and attorneys’ and consultant’s fees arising out of or involving any Hazardous Materials brought onto the Premises or used in the Premises following the delivery of possession of the Premises by Landlord to Tenant by any person whatsoever, other than Landlord, its agents, employees independent contractors or invitees, or brought onto the Building or used therein by Tenant, its agents, employees, independent contractors or invitees. Tenant’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment and the cost of investigation, removal, remediation, restoration and/or abatement thereof, and shall survive the expiration or earlier termination of this Lease. Tenant further acknowledges that it is aware of the fact that the Building may contain Hazardous Materials and that a report and/or other information pertaining thereto may be available for Tenant’s review at the office of the Building. Tenant shall comply with all Environmental Laws as well as rules and regulations reasonably promulgated from time to time by Landlord relating to the use and disposal of any asbestos containing materials and lead based paint which You have licensed may be present. Tenant’s indemnification hereunder shall include, but is not limited to, any claimed injury or death to Tenant or its agents, employees or independent contractors related to exposure to Hazardous Materials. In no event, however will Tenant be responsible for any losses, costs, claims, liabilities or damages arising out of or in connection with any Hazardous Materials present at any time on or about the Licensed Premises or the Building, or the soils, ground water or surface water thereof, or the violation of any environmental laws, except to the extent that any of the foregoing actually results from the release or disposal of Hazardous Materials from Altiumby Tenant, its agents, employees, contractors, invitees, sublessee or assigns in violation of applicable environmental laws. Notwithstanding the foregoing, Altium permits You Tenant’s obligations hereunder, including without limitation, Tenant’s indemnity obligations, shall not apply to make a Temporary Use Hazardous Materials located on, under or about the Building as of date of this Lease, unless and to the Licensed extent that Tenant’s activity exacerbate the effects of such Hazardous Materials so long as such use does not result or require their removal or other remediation. However, in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any will Tenant be responsible for losses, costs, claims, liabilities or damages arising out of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Hazardous Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials present at any one timetime on or about the Premises or the Building, or the features and functionality of Your Licensed Materials through Extensions soils, ground water or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materialssurface water thereof, or the additional functionalityviolation of any environmental laws, prior except to the extent that any of the foregoing actually results from the release or disposal of Hazardous Materials by Tenant, its agents, employees, contractors, invitees, sublessees or assigns in violation of applicable Environmental Laws. Landlord shall remain solely responsible for any costs, and will indemnify, defend, protect and hold Tenant harmless from and against any and all loss, cost, damage or liability, arising out of the presence, as of the date of this Lease, of any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breachHazardous Materials.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance a careful, safe and proper manner, shall not commit or suffer any waste on or about the Project, and shall not make any use of the Project which is prohibited by or contrary to any Legal Requirements, or which would cause a public or private nuisance. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Premises, except that Landlord shall obtain all building permits and approvals required for Landlord’s Work and a certificate of occupancy for the Premises. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on the Project which is illegal, dangerous, or which unreasonably disturbs other tenants. Tenant shall not do or permit to be done any act or thing on the Project which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building or any of the Other Buildings. If, because of Tenant’s failure to comply with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You provisions of this Section or due to make a Temporary Use any use of the Licensed Materials Premises or activity of Tenant in or about the Project, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase. Tenant shall cause any fire lanes located within the Project to be kept free of all parking associated with its business or occupancy. Tenant shall conduct its business at all times so long as such use does not result in the use of more copies to annoy or be offensive to other tenants and occupants of the Licensed Materials than You are permitted Project. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound-proofing or noise control systems and odor control systems, as may be needed to eliminate noise, vibrations and odors, If any, emanating from the Premises being heard, felt or smelted outside the Premises. Tenant shall not place any file cabinets, bookcases, partitions, shelves or other furnishings or equipment in a location which blocks any windows. Landlord shall use at any given time, if Your license is so restricted hereunder. In the event that You desire commercially reasonable efforts to expand or extend Your use, or include provisions similar to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing those set forth above in this Section 5.2 in leases with other tenants of the applicable Licensed MaterialsProject, subject to such changes as Landlord may negotiate in good faith.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You Lots 1, 2, 3, 4, 5, and 6 are intended for residential use. Lots 1, 2, 3, 4, 5, and 6 and the right Common Area of the Subdivision shall be subject to install the following restrictions:
(a) All maintenance and use by Homeowners of all of the Licensed Materials Common Area shall be done so as to preserve the general appearance and character of the same and of the grounds and buildings;
(b) All use and maintenance of the Lots shall be in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use provisions of the Licensed Materials so long as Rules and Regulations from time to time promulgated by the Trustees and in accordance with such Declaration of Protective Covenants;
(c) The Lots, the buildings thereon, and the Common Area shall be used only for purposes consistent with their design;
(d) Each Homeowner shall use does his or her Lot only for such purposes and to such extent that it will not result in overload the use of more copies structure of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In building on the event that You desire to expand Lot or extend Your use, its foundation or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for unreasonably overload the licensing capacity of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow subsurface sewage disposal system on the Lot or any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, utility furnished to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, Lot including but not limited to water, electricity, cable, gas and telephone;
(e) No Homeowner or occupant shall commit, permit or suffer any violation of any insurance policies taken out by the restrictions on number Trustees, or do, permit or suffer anything to be done, or keep or permit anything to be kept, or permit any condition to exist which might (i) result in the termination of userssuch policies, if or (ii) adversely affect the right of recovery hereunder, or (iii) result in reputable companies refusing to provide insurance as required or permitted by the Trustees, or (iv) result in any increase in the insurance rate or premium with respect to any other Homeowner’s policy or policies, unless, in the case of such restrictions apply to Your license hereunder; cincrease, the Homeowner responsible for such increase shall pay the same.
(f) make copies No unlawful use shall be made within the Common Area or any part thereof, and all valid laws, orders, rules and regulations of all governmental agencies having jurisdiction thereof shall be strictly complied with. Compliance with any legal requirements shall be at the sole cost of the Licensed Materials for use Homeowner or the Trustees as the case may be, whichever shall have the obligation under this Declaration of Trust to maintain, repair or control the portion of the property affected by any such legal requirement. Each Homeowner shall give prompt notice to the Trustees of Your other affiliates, subsidiaries any notice he or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy she receives of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase any legal requirements affecting the number of persons or sites permitted to use the Licensed Materials at any one time, Homeowner or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breachCommon Area.
Appears in 1 contract
Sources: Declaration of Trust
Restrictions on Use. This Tenant shall use the Premises in a careful, safe and proper manner, shall not commit or suffer any waste on or about the Landlord’s Property, and shall not make any use of the Landlord’s Property which is prohibited by or contrary to any Legal Requirements, or which would cause a public or private nuisance. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for Tenant’s use of the Premises. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on the Landlord’s Property which is illegal, offensive, dangerous, or which unreasonably disturbs other tenants. Tenant shall not do or permit to be done any act or thing on the Landlord’s Property which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of ▇▇▇▇ grants You ▇▇▇’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about the Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section. Tenant shall cause any fire lanes located within the Landlord’s Property to be kept free of all parking associated with its business or occupancy. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in the Building. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound-proofing or noise control systems and odor control systems, as may be needed to eliminate noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which blocks any windows. Tenant shall have the right to install and use the Licensed Materials in accordance with Back-Up Generator pursuant and subject to the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use and provisions of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.Exhibit G.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You Landlord has provided Tenant true and complete copies of the right mortgages or other financing agreements affecting the Premises that are described on Exhibit “D” attached hereto (the “Prior Contracts”). Landlord may, from time to install time, by written notice to Tenant, update Exhibit D with mortgages or other financing agreements entered into subsequent to the date hereof, and provided that those items identified by Landlord do not impose material additional obligations upon Tenant or materially impair or restrict any of the rights of Tenant hereunder, such items shall be deemed Prior Contracts. Tenant agrees that Tenant shall not use, occupy, suffer or permit the Premises or any part thereof to be used in any manner, or suffer or permit anything to be brought into or kept therein, which would (i) violate in any material respect the provisions of the existing Prior Contracts, (ii) violate any law, statute, ordinance, notice, order, rule, regulation or other requirement of any federal, state or municipal government or the appropriate department, commission, board or officer thereof, now or hereafter in force, which may be applicable to Tenant’s Business or any Alteration, or (iii) violate in any material respect any requirements of any insurance policy covering or applicable to any part of the Premises or the use thereof, any requirements of the Licensed Materials in accordance issuer of any such policy and any orders, rules, regulations, recommendations and other requirements of the local board of fire underwriters or any other body exercising the same or similar functions and having jurisdiction or cognizance of any part of the Premises; provided, that (i) the foregoing shall not absolve Landlord of any obligation to comply with the terms under which You have licensed of any such Prior Contract or any such law or other requirement that is binding on Landlord and not directly related to the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use Tenant’s Business or any Alterations made by Tenant or (ii) shall not materially impair or restrict any of the Licensed Materials so long as such use does not result in the use rights of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed MaterialsTenant under this Lease.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Lease Agreement (New Generation Biofuels Holdings, Inc)
Restrictions on Use. This ▇▇▇▇ grants You a. Tenant shall use and occupy the right Premises and all parts thereof only for the following purposes: General office and engineering lab and all other lawful business uses approved by the Landlord, and no use shall be made or permitted to install be made of the Premises, nor acts done, which will cause a cancellation of any insurance policy covering Landlord's Building or any part thereof, nor shall Tenant sell, or permit to be kept, used, or sold, in or about the Premises, anything which may be prohibited by standard forms of fire insurance policies. Tenant shall, at its expense, comply with all requirements pertaining to the Premises of any insurance organization or company covering Landlord's Building. b. Tenant shall not permit or allow any wasteful, abusive, destructive or nuisance use of the Premises to occur. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other tenants of Landlord's Building by reason of noise, odors, or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or in Landlord's Building. Except for materials directly involved in Tenant’s business operations, Tenant shall not use or keep in the Premises or in Landlord's Building any firearms, kerosene, gasoline or inflammable or combustible fluid or material.
c. Tenant shall not dispose of any hazardous substances in, on, or under Landlord's Building and Tenant shall not otherwise handle, treat, deal with, or otherwise use in, on, or under Landlord's Building any hazardous substances except as may be directly required in connection with the Licensed Materials use of the Premises as authorized by Landlord and in complete conformity and compliance with all governmental laws, ordinances, regulations, rules and other prudent industry practices relating to any such substances. Upon expiration or earlier termination of this Lease, Tenant shall cause any and all hazardous substances to be removed in accordance with applicable laws, regulations, rules, ordinances and orders. As used in this Lease, the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoingterm "hazardous substance" shall mean any and all hazardous or toxic substances, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given timechemicals, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your usematerials, or to migrate to different Products waste, including, but not limited to, those substances, chemicals, materials or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliateswastes listed, subsidiaries or divisions, any portion of Your business located at a different geographic siteidentified, or third partiesotherwise characterized as hazardous or toxic under now existing or hereafter enacted local, state and federal laws, ordinances, regulations, rules or orders. d. Tenant shall faithfully observe and comply with any rules and regulations provided Tenant in writing from time to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use time by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this Landlord. Violations by ▇▇▇▇▇▇, including but its employees, invitees and others acting on its behalf of any rules and regulations of Landlord shall constitute a default under this Lease. Landlord shall not limited be responsible to Tenant for the restrictions on number nonperformance of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use any said rules and regulations by any of Your other affiliates, subsidiaries tenant or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Usesoccupants.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Commercial Lease (Sunrise Usa Inc)
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord's Property, and shall not make any use of Landlord's Property which is prohibited by or contrary to any Legal Requirements, or which would cause a public or private nuisance. Tenant shall comply with the terms under and obey all Legal Requirements which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in any way affect the use of more copies Landlord's Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunderPremises. In Tenant shall not overload the event that You desire to expand floors or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing other structural parts of the applicable Licensed Materials.
2.4.1Building; and shall not commit or suffer any illegal act or thing on Landlord's Property. In no event Tenant shall You: a) allow not do or permit to be done any act or thing on Landlord's Property which will invalidate or be in conflict with any insurance policies covering the Building. If, because of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or Tenant's use any portion whatsoever of the Licensed Materials unless You have licensed Premises or activity in or about Landlord's Property, the Licensed Materials on a Continental License or Global License basis that would permit Insurance Costs are increased, Tenant shall pay Landlord the amount of such use; notwithstanding increase. Tenant shall cause any fire lanes in the foregoingfront, You may make a Temporary Use sides and rear of the Licensed Materials as stated in Section 2.3 above; b) allow any third party Building to have access to be kept free of all parking associated with its business or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access occupancy and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2all applicable regulations. In Tenant shall not permit the event that You have licensed emission of any objectionable noise or odor from the Licensed Materials for use in connection with a single computerPremises and shall at its own cost install such extra sound-proofing or noise control systems and odor control systems, You may install and use only a single copy thereof at any given time, and said copy as may be used only by You; providedneeded to eliminate noise, howevervibrations and odors, that if You have licensed any, emanating from the Licensed Materials for use on a single computer: a) you may install a second copy of Premises being heard, felt or smelled outside the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personPremises.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Restrictions on Use. This In connection with the use of the Premises, Tenant shall:
(1) Conform to all applicable laws and regulations of any public authority affecting the premises and the use, and correct at Tenant's own expense any failure of compliance created through Tenant's fault or by reason of Tenant's use, but Tenant shall not be required to make any structural changes to effect such compliance, unless created by Tenant's structural changes to the building.
(2) Refrain from any use that would be reasonably offensive to other tenants or owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the premises. Notwithstanding this provision, Landlord acknowledges that Tenant's use will occasion certain odors related to brewery and winery uses, and such odors shall not violate this provision.
(3) Refrain from loading the electrical system or floors beyond the point considered safe according to a competent engineer or architect chosen by Tenant from a list of three (3) provided by Landlord. Tenant shall choose within ten (10) days after Landlord submits the list to it or Landlord may appoint anyone on the list.
(4) Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on or under the Premises in violation of any applicable law. Tenant may use or otherwise handle on the Premises only those Hazardous Substances typically used or sold in the prudent and safe operation of the business specified in Section 3.1. Tenant may store such Hazardous Substances on the Premises only in quantities necessary to satisfy Tenant's reasonably anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the Premises. Upon the expiration or termination of this Lease, Tenant shall remove all of the Hazardous Substances from the Premises except those placed there by Landlord, or which are otherwise the primary responsibility of Landlord. The term Environmental Laws shall mean any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term Hazardous Substance shall mean any hazardous, toxic, infectious or radioactive substance, waste, and material as defined or listed by any Environmental Law and shall include, without limitation, petroleum oil and its fractions.
(5) Landlord warrants that it has no knowledge of the presence of any regulated or environmentally hazardous substances in, on or within reasonable proximity to the demised premises, nor of any existing violations of any laws, rules, regulations or ordinances, including without limitation, any environmental laws against or upon the demised premises.
(6) Tenant shall indemnify, defend and hold Landlord harmless from all claims, demands, liabilities, costs, expenses, damages, and fines of any nature arising directly or indirectly from or as a result of the presence or existence of contamination upon the Premises as a result of ▇▇▇▇ grants You the right to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAMETWEET, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇▇ is breached by You& ▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ the license granted herein shall automatically terminate, without further action by Altium and whether activities of Tenant or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereofits sublessees or assignees, or that Altium has acquiesced in such breachby the failure of Tenant or its sublessees or assignees to comply with any and all Environmental Laws. The forgoing indemnification shall survive the termination or expiration of this Lease.
(7) Landlord shall indemnify, defend and hold Tenant harmless from all claims, demands, liabilities, costs, expenses, damages, and fines of any nature arising directly or indirectly from or as a result of the presence or existence of contamination upon the Premises as a result of the activities of Landlord, or by the failure of Landlord to comply with any and all Environmental Laws, except those caused or created by Tenant. The forgoing indemnification shall survive the termination or expiration of this Lease.
Appears in 1 contract
Restrictions on Use. This ▇▇▇▇ grants You (a) Tenant shall not do or permit anything to be done in or about the Premises which will obstruct or interfere with the rights of other tenants or occupants of the Building or the Project or injure or annoy them, nor use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises.
(b) Tenant shall have the right to install and use the Licensed Materials courtyard areas of the Project Common Areas for Tenant's social and/or business functions with no additional rent for such use payable by Tenant, on the terms and conditions set forth in accordance this Paragraph 4(b). Tenant shall deliver written notice to Landlord requesting to reserve particular space in the Project Common Areas for such functions at least five (5) days, and no earlier than thirty (30) days, prior to such proposed function. Landlord may grant similar rights to other tenants and occupants of the Project, and Tenant's rights under this paragraph shall be subject to the rights of such other tenants and occupants and any reasonable, non-discriminatory system Landlord incorporates to address conflicting reservations of the same space by more than one tenant or occupant of the Project. Tenant's use of the courtyard areas pursuant to this paragraph shall be on the following terms and conditions: (i) Tenant may conduct up to twelve (12) such functions within any calendar year; (ii) such functions shall be limited to a reasonable number of people consistent with applicable fire, health and safety laws, and shall comply with any applicable requirements of the DDA, REA, CC&Rs and/or other Encumbrances; (iii) the insurance, indemnity and nonliability obligations and provisions contained herein and in the Rules and Regulations , respectively (including Tenant's obligations to carry liquor law liability insurance if alcoholic beverages are served or consumed during such functions), shall apply to and govern any claims, liabilities, costs or expenses arising from any such function, (iv) no such proposed functions shall, in Landlord's reasonable determination, unreasonably disrupt either other tenants of the Project, or the operation or maintenance of the Common Areas, (v) Tenant shall comply with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use obligations of the Licensed Materials so long as Rules and Regulations of Exhibit "D" attached hereto relating to such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your use, or to migrate to different Products or functionality within and (v) Tenant shall pay any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing all Landlord's reasonable costs of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any preparation for, supervision of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use and/or clean-up in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another personfunctions.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breach.
Appears in 1 contract
Sources: Lease Agreement (Broadcom Corp)
Restrictions on Use. This No Owner shall occupy any Space or exercise any other rights of ownership with respect to the Tract other than the rights provided to such Owner in this Agreement, in the By-Laws, in the Original Deed of such Owner, and in the Rules and Regulations. Each Owner shall keep the Tract, such Owner’s Space and mobile home and the Common Property in good condition and repair at all times. Each Owner shall leave the Tract, such Owner’s Space, and boat dock or pier, if any, and mobile home and the Common Property in good and sanitary condition and repair and otherwise comply with such procedures as may from time to time be contained in the Rules and Regulations. Each Owner shall be responsible for the maintenance, repair and sightliness of such Owner’s Space and mobile located thereon. Any Owner may permit the Space allocated to such Owner to be occupied by anyone said Owner desires to allow within such Space, but the number of occupants at any given time shall not be in excess of the number of occupants permitted by the Rules and Regulations and the ordinances of the Town Of Indian Beach, and each Owner shall be responsible for any loss, damage, destruction or violation of this Agreement which occurs during such occupation as if the Owner were occupying the Space. Each Owner and their guests, tenants or other permitted users shall comply with the use restrictions as set forth in this Agreement, and each of such persons shall comply with the Rules and Regulations. No Owner shall be entitled to occupy the Space allocated to such Owner unless such Owner has paid in full all fees and assessments legally owing in relation to the Tract, as more fully described hereinafter. No Owner shall landscape the property of remove, alter or replace any portion of the Common Property without the prior written consent of the Managing Agent, to which Managing Agent the right to perform all of the foregoing prohibitions, however, shall not modify or affect the obligations of each Owner for the prudent care and ordinary maintenance and upkeep of all property subject to the Owner’s use. No animals, livestock, birds, fish, poultry, dogs, cats or household pets of any kind shall be allowed or kept on a Space except within a home located thereon. No more than one mobile home shall be permitted on any Space at the same time. No fences, barriers, barricades or other similar structures may be constructed or placed on the property of any Owner, provided that the Association may cause to be erected a fence or similar structure on the exterior boundary of the Tract. Each Owner agrees to comply with the ordinances of the Town of Indian Beach with respect mobile homes and removal or replacement thereof. Each Owner grants to the Association, the Managing Agent and their respective agents or contractors a right of ingress and egress into the Space utilized by such Owner for the purpose of maintaining and repairing all Common Property, including without limitation septic and electrical systems located on the Space utilized by such Owner. Each Owner whose Space abuts ▇▇▇▇▇ grants You the Sound shall be permitted to construct a boat dock or pier adjacent to such Space and such Owner shall have exclusive right to install and use the Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand such dock or extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricingpier, provided that the Owner entitled to use such additional persons in no way access Space shall be exclusively responsible for procuring all necessary permits for such dock or use pier and for the Licensed Materials, upkeep and maintenance of such pier or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of Altium to learn about any such breach shall not constitute a basis for You to assert that You are not in breach hereof, or that Altium has acquiesced in such breachdock.
Appears in 1 contract
Sources: Joint Tenancy Agreement
Restrictions on Use. This ▇▇▇▇ grants You the right to install and Tenant shall use the Licensed Materials Premises in accordance with a careful, safe and proper manner, shall not commit or suffer any waste on or about the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoingProject, Altium permits You to and shall not make a Temporary Use any use of the Licensed Materials so long as such use does not result in the Project which is prohibited by or contrary to any Legal Requirements, or which would cause a public or private nuisance. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of more copies the Premises. Tenant shall not overload the floors or other structural parts of the Licensed Materials than You are permitted to use at Building; and shall not commit or suffer any given timeact or thing on the Project which is illegal, if Your license is so restricted hereunder. In the event that You desire to expand or extend Your useoffensive, dangerous, or which unreasonably disturbs other tenants. Tenant shall not do or permit to migrate to different Products be done any act or functionality within thing on the Project which will invalidate or be in conflict with any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic siteinsurance policies, or third partieswhich will increase the rate of any insurance, covering the Building unless Tenant is willing to copy, have access to pay the increase in such insurance and such act or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on thing is a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Permitted Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that and does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow persons not covered by the geographic scope of Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and functionality of Your Licensed Materials through Extensions or otherwise, by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by YouLease, including without limitation, those provisions relating to Hazardous Materials and/or Environmental Laws. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about the Project, the license granted herein Insurance Costs are increased, Tenant shall automatically terminate, without further action pay Landlord the amount of such increase caused by Altium the failure of Tenant to comply with the provisions of this Section. Tenant shall cause any fire lanes located within the Project to be kept free of all parking associated with its business or occupancy. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and whether or not You abide by such terminationoccupants in the Building. Failure of Altium to learn about any such breach Tenant shall not constitute permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound-proofing or noise control systems and odor control systems, as may be needed to eliminate noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a basis for You location which blocks any windows. In addition to assert that You are not the foregoing, Tenant shall comply with all terms, conditions and guidelines contained in breach hereof, or that Altium has acquiesced any MWRA permit applicable to the Premises and agrees to further acknowledge such agreement to so comply in such breachwriting upon request of Landlord.
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