Common use of Unauthorized Use of the Service Clause in Contracts

Unauthorized Use of the Service. Customer shall not use, or attempt to use, the Equipment or Services for any Unauthorized Purpose or in such a manner as to interfere with use by other customers of the OmniTRACS System. "Unauthorized Purpose" as used herein includes: (i) obtaining access to or use of Services with intent to avoid payment, in whole or in part, of charges due under this Agreement, (ii) access to, use of, alteration of, or destruction of the data files, programs, procedures, or information of Customer or any other QUALCOMM customer, (iii) use of the Equipment or Services with the intent to reverse engineer or clone the OmniTRACS System, (iv) use of the Software in such a manner to void the Software license provided in Section 2 or (v) use of the Services or Software furnished pursuant to this Agreement for any purpose or in any manner which, directly or indirectly, violates the law or aids any unlawful act or undertaking. QUALCOMM may, without notice to Customer, and without liability to QUALCOMM, discontinue the Service in response to a request from a government agency, including but not limited to the FCC. For other QUALCOMM actions to discontinue Service to prevent use for an Unauthorized Purpose, QUALCOMM will use best efforts to provide Customer twelve (12) hours notification prior to discontinuing the Service. QUALCOMM shall restore the Service as soon as the Service can be provided without undue risk of use for an Unauthorized Purpose. Customer shall not be credited message service charges for Service interruptions resulting from QUALCOMM's actions under this Section.