Use and misuse Sample Clauses

The 'Use and misuse' clause defines the permitted and prohibited ways in which a product, service, or information may be utilized by the user. It typically outlines acceptable uses, such as personal or business purposes, and explicitly restricts actions like reverse engineering, unauthorized distribution, or illegal activities. By clearly delineating what constitutes proper and improper use, this clause helps protect the provider from liability, prevents abuse, and ensures that users understand the boundaries of their rights and responsibilities.
Use and misuse. 10.1. It is prohibited to use the Services in a manner that is in violation of these Terms and Conditions or applicable laws and regulations. Additionally, using the Services in a manner that may cause hindrance or loss and/or damage to Rentman or any third party is expressly not permitted. 10.2. Rentman fulfils an intermediary role on the Platform and is not responsible for information and Materials made available via the Platform by the Customers. The Customer acknowledges and agrees that Rentman does not moderate or pre-screen any information or Materials stored or made available by the Customers. 10.3. It is explicitly prohibited to use the Platform (even if legally permitted to do so): a. to wilfully distribute malware or any other harmful software; b. to store or make available information or Materials that infringe upon any Intellectual Property Rights or other third-party rights; c. to promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury; d. to store or make available Materials that are threatening, libellous, defamatory, obscene, misleading, offensive or unlawful in any way whatsoever; e. in any manner that may cause hindrance for other users of the Platform, or that may damage and/or impede the systems and networks of Rentman or third parties. 10.4. If Rentman determines that the Customer has violated this Article 10 or applicable laws and regulations, or receives a complaint in this regard, Rentman may take measures to end the violation. These measures may include the suspension or termination of access to the Platform, or termination of the Agreement. 10.5. If, in Rentman' opinion, the operation of the computer systems or network of Rentman or third parties and/or provision of services via the Internet is obstructed, impaired or otherwise at risk, in particular as a result of the transmission of excessive amounts of data, leaked personal data or virus activity, malware and similar harmful software, Rentman is authorized to take any and all measures it deems reasonably necessary to avert or prevent such risk. These measures include, but are not limited to, suspension of the Services and termination of the Agreement. 10.6. Rentman is entitled to disclose the name, address and other identifying data of the Customer or the end user concerned to a third party who complains that the Customer has violated its rights, provided that the applicable legal and/or...
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Use and misuse. 4.1. It is prohibited to use the Software in a manner that is in violation of the ▇▇▇▇ or applicable laws and regulations. Additionally, using the Software in a manner that may cause hindrance or loss and/or damage to Staxxer or any third party is expressly not permitted. 4.2. End User shall not access, store, distribute or transmit any material during the course of its use of the Software that: (a) is libellous, defamatory, insulting, racist or discriminating, or incites hate; (b)infringes third-party rights, in any case including but not limited to Intellectual Property Rights;
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Use and misuse. 4.1. It is prohibited to use the Software in any manner that is in violation of the ▇▇▇▇ or applicable laws and regulations. Additionally, use of the Software in a manner that may cause hindrance or loss and/or damage to AmeXio or any third party is expressly not permitted. 4.2. End User may only use the Software for his own use in accordance with the provisions of this ▇▇▇▇. End User may not: i. reverse engineer the source code of the Software or decompile the Software, except to the extent permitted by provision of mandatory law; ii. copy the Software to third parties; iii. sublicense the Software or make it available to third parties, by means of rental, Software-as-a-Service constructions, or otherwise; iv. make changes to the Software, except to the extent permitted by mandatory law; v. remove or make unreadable any indications of AmeXio as the owner of the Software or parts thereof; vi. to circumvent any security measures of the Software. 4.3. If AmeXio determines that the End User has violated the ▇▇▇▇ or applicable laws and regulations, or receives a complaint in this regard, AmeXio may take measures to end the violation. These measures may include the suspension or termination of access to the Software in whole or in part. In addition, AmeXio reserves the right to take any appropriate legal action (including initiating legal proceedings) against the End User for such violations. 4.4. The End User will follow all reasonable instructions issued by AmeXio related to the use of the Software and will use the Software in accordance with the Documentation. 4.5. The End User is responsible for any use made of the Software and assumes full responsibility for any configurations executed using the Output generated by the Software. The End User shall indemnify, defend, and hold AmeXio harmless from and against any and all (third-party) claims, damages, losses, or liabilities, including but not limited to legal fees and costs, arising out of or related to: i. the use of the Software; ii. a violation of the ▇▇▇▇; and iii. the use of the Output, including improper implementation, importation, or adjustments made to the End User's IT environment.
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Use and misuse. You may use the Service solely for Your internal business purposes and only as permitted by, and subject to any restrictions or limitations set forth in this Agreement and Your Subscription. Without limiting the generality of the foregoing, You may not use the Service in any other manner and may not: (a) use the Service to provide products or services to other Persons; (b) upload any Materials unless You are the owner of such Materials, or You are authorized by the owner of such Materials to use them in such manner; (c) otherwise use the Service in any manner that infringes or misappropriates the Intellectual Property, proprietary, publicity, or personalty right of any Person; (d) resell or sublicense the Service; (e) access the Service in any manner other than through Your Account; (f) copy, frame, or mirror any part of the Service; (g) reverse engineer the Service; (h) access the Service in order to build a competitive product or service; (i) copy any features, functions, or graphics of the Service; (j) disrupt the Service, or any other Person’s access to, or use of, the Service; (k) upload, post, distribute, link to, publish, reproduce, engage in, or transmit any: (i) Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, or (ii) any Malicious Code; (l) access or attempt to access any database or server on which the Service resides or operates, in an attempt to discover the underlying source code of the Service, including the Software, or otherwise for any purpose other than use of the Service according to the terms of this Agreement; or (m) violate any law.
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Related to Use and misuse

  • LICENSE AND USE 2.1 Subject to the terms and conditions of this Agreement, Polar hereby grants You, and You accept, a royalty-free, non-transferable, non-exclusive, worldwide and limited license to use the Licensed Materials solely for the purposes of proprietary application or services development and/or setting their priorities in application development purposes interacting through AccessLink with Polar Ecosystem, as well as to distribute the software parts of the Licensed Materials in binary form and grant sublicense to use Licensed Materials to Your Corporate Customers, if applicable, but then always under Your own license terms and conditions protecting sufficiently, but in no case with less stringent terms than in this Agreement Polar’s Intellectual Property Rights, the use and handling of Data and Licensed Materials and Member’s privacy settings. Any other use of the AccessLink is strictly prohibited. 2.2 In no event You may copy, export, re-export, sublicense, rent, loan, lease, disclose, sell, market, commercialize, re-license, otherwise transfer to any third party (other than Your Corporate Customers) or use or permit use of the Licensed Materials in any manner inconsistent with or not expressly permitted under this Agreement. You shall not (or attempt to) itself or permit others to decompile, reverse engineer, or disassemble, derive or determine the source code (including the logic, protocols or specifications incorporated or implemented therein) of the Licensed Materials or enable any disabled logic, protocols or specifications incorporated or implemented in the Licensed Materials. You may not use, or permit others use the Licensed Materials in creating a service similar to or competing with Polar Ecosystem and the primary purpose of your application and service shall be extending and improving the Member’s experience. There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Polar and its licensors. Also, any and all licenses with respect to Polar or third party patents (including essential patents) are specifically excluded from the scope of this Agreement, and those licenses need to be acquired separately from Polar or the respective right holders, as the case may be. 2.3 Your application or service must not interfere or attempt to interfere in any manner with the proper working of Polar Ecosystem, or any related Polar service, application or activity. Load testing without prior approval by Polar will be construed as interfering with the proper working of Polar Ecosystem and may result in blacklisting of Your application or service by Polar. Polar may use any technical means to overcome such interference, including without limitation, suspending or terminating access to the Polar Ecosystem. Your application or service must pass a consistent and accurate identification of itself to Polar Ecosystem as outlined in the Polar AccessLink API documentation (link). Except as expressly permitted by Polar, You may not use any automated means (e.g., scraping and robots) other than Your application or software to access, query or otherwise collect Data or any other information from Polar Ecosystem, or any Web site owned or operated by Polar.

  • USE AND MAINTENANCE (a) Lessee shall (i) use the Equipment solely in the conduct of its business, for the purpose for which the Equipment was designed, in a careful and proper manner and not discontinue use of the Equipment; (ii) operate, maintain, inspect, service, repair, overhaul and test the Equipment, and maintain all records, logs and other materials relating thereto, in accordance with (1) all maintenance and operating manuals or service agreements, whenever furnished or entered into, including any subsequent amendments, supplements, renewals or replacements thereof, issued by the manufacturer or service provider, (2) the requirements of all applicable insurance policies, (3) the Purchase Documents, so as to preserve all of Lessee's and Lessor's rights thereunder, including all rights to any warranties, indemnities or other rights or remedies, (4) Applicable Laws, and (5) consistent with the prudent practice of other similar companies in the same business as Lessee, but in any event, to no lesser standard than that employed by Lessee for comparable equipment owned or leased by it; (iii) not change the location of any Equipment as specified in the Equipment Schedule without the prior written consent of Lessor; (iv) not attach or incorporate the Equipment to or in any other item of equipment in such a manner that the Equipment may be deemed to have become an accession to or a part of such other item of equipment; (v) cause each principal item of the Equipment to be continually marked, in a plain and distinct manner, with the name of Lessor or its designee followed by the words "Owner and Lessor," or other appropriate words designated by Lessor on labels furnished by Lessor, and (vi) cause the Equipment to be kept and maintained in good operating condition and in the same condition as when delivered to Lessee hereunder, except for ordinary wear and tear resulting despite Lessee's full compliance with the terms hereof. With respect to Lessee's agreement in subclause (ii) above to maintain, inspect, service, repair, overhaul and test each item of Equipment in accordance with sub-subclauses (1), (3) and (5), Lessee shall undertake and be responsible for the foregoing in exchange for a credit to Lessee's rental obligations the amount of which has been calculated and agreed to by both Lessee and Lessor as fair and complete consideration for such undertaking and responsibility as it may now and hereafter exist (including the payment of all charges, fees, costs and expenses relating thereto), and accounted for in the amount of Basic Rent Lessee has agreed to pay for such item of Equipment by its execution and delivery of the Equipment Schedule relating thereto. In furtherance of the foregoing, Lessee acknowledges and agrees that (A) the credit provided for in the preceding sentence shall fully discharge Lessor for all purposes from performing or complying with any of the obligations specified in such sentence (to the extent Lessor would be deemed to have had any responsibility therefor), and (B) it shall also undertake, be responsible for and otherwise fully perform and comply with all of the obligations provided for herein that are not specified in the preceding sentence, and that it shall not be entitled to any credit or other compensation with respect thereto, nor shall Lessor have any responsibility to Lessee or any other person with respect to the performance or non-performance of, or compliance or non-compliance with, any of such obligations, or any other obligations not expressly assumed by it hereunder. (b) If any parts of the Equipment become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, will within a reasonable time replace such parts with replacement parts that are free and clear of all Liens and have a value and utility at least equal to the value, condition and utility that such replaced parts would have had if maintained in the condition and repair required by the terms hereof. In the event that any Applicable Law requires alteration or modification to the Equipment, Lessee will conform thereto or obtain conformance therewith, and shall otherwise cause the altered or modified Equipment to comply with the provisions hereof. With respect to parts, additions or improvements which are added to the Equipment that are essential to the operation of the Equipment, are necessary to cause it to be in compliance with the provisions of this Lease or which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value, condition and utility which the Equipment would have had without the addition thereof, title thereto shall immediately vest in Lessor to the same extent and with the same priority as Lessor holds in the Equipment, without cost or expense to Lessor, or any further action by any other person, and such parts, improvement and additions shall be deemed incorporated in the Equipment and subject to the terms of this Lease as if originally leased hereunder. Lessor agrees that upon Lessee's replacing a part in full compliance with the provisions of this subsection (b), all of Lessor's right, title and interest in and to any part so replaced shall without further action vest in Lessee "AS IS, WHERE IS," and otherwise subject to the provisions of Section 7 hereof. Lessee shall not make any material alterations to the Equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (c) Upon the twenty-four (24) hours' written or telephonic request of Lessor, Lessee shall provide to Lessor any information reasonably requested by Lessor pertaining to the Equipment or Lessee, including, the location and condition of the Equipment. Upon reasonable advance notice (which the parties agree shall be no less than forty-eight (48) hours' written or telephonic request) Lessee shall afford Lessor access to Lessee's premises where the Equipment is located for the purpose of inspecting such Equipment, all applicable maintenance and other records, Permits, licenses and any notices or directives from any manufacturer, vendor, service provider or Governmental Authority, at any reasonable time during normal business hours; provided, however, if a Default or default shall have occurred and be continuing, no notice of any inspection by Lessor shall be required. In the event Lessee fails or is unable to perform any of its obligations hereunder, Lessor shall have the right, but not the obligation, to perform the same, and Lessee shall forthwith reimburse Lessor on an after-tax basis, as Supplemental Rent, for all costs and expenses incurred by Lessor in performing the same. Lessor shall not have any duty to make or cause to be made any inspection, repair, restoration, replacement, renewal, addition or improvement of any nature or description with respect to the Equipment, or the related property or to incur any cost or expense in connection with any Lease Document and Lessor shall not incur any liability or obligation to any person by reason of Lessor's doing, causing to be done or failing to do any of the foregoing, in its discretion.

  • Information Technology Accessibility Standards Any information technology related products or services purchased, used or maintained through this Grant must be compatible with the principles and goals contained in the Electronic and Information Technology Accessibility Standards adopted by the Architectural and Transportation Barriers Compliance Board under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. §794d), as amended. The federal Electronic and Information Technology Accessibility Standards can be found at: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇-▇▇▇▇▇.▇▇▇/508.htm.

  • Permitted Uses BA shall use Protected Information only for the purpose of performing BA’s obligations under the Contract and as permitted or required under the Contract and Addendum, or as required by law. Further, BA shall not use Protected Information in any manner that would constitute a violation of the Privacy Rule or the HITECH Act if so used by CE. However, BA may use Protected Information as necessary (i) for the proper management and administration of BA;

  • Maintenance and Use of Property Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed, demolished or materially altered (except for normal replacement of the Personal Property or as permitted in the PETsMART Lease) without the consent of Lender. Except as provided in Section 3.8(f) hereof, Borrower shall promptly repair, replace or rebuild or cause to be repaired, replaced or rebuilt, any part of the Property which may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.6 hereof and shall complete and pay for any structure at any time in the process of construction or repair on the Land. Borrower shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Property or any part thereof, provided, that Borrower shall be permitted to enter into easement agreements or grant rights of way so long as such agreements or grants do not reduce the value of the Property or impair its use, and so long as Borrower has delivered to Lender a title endorsement satisfactory to Lender with respect to such agreements and/or rights of way. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.