Common use of Use of services and software Clause in Contracts

Use of services and software. Customer shall use the Services and Software (as defined below) in accordance with all applicable laws, rules and regulations and in accordance with applicable Fusion policies. Unless agreed to in writing by Fusion, Customer shall not resell any Services. In addition, Customer shall not copy, modify, resell or redistribute the Software or the Services, create or recreate the source code for the Services or any Software, or re-engineer, reverse engineer, decompile, disassemble or attempt in any way to disable, deactivate or render ineffective the password protection in the Services or any Software. Some Software necessary to fully utilize the functionality of the Services may require Customer to accept additional terms and conditions required by the third-Party providers of such Software (including “Click-Thru” or “Shrink-Wrap” terms). Customer agrees to comply with any such additional terms and conditions required for the Service. Fusion is not responsible for the configuration of Customer owned equipment which may be necessary for Customer’s systems to correctly function with the Services Software. If Customer has opted to provide its own equipment, Customer will be solely responsible for procuring any firmware licenses and/or updates, and Fusion shall have no obligation to provide such firmware licenses or upgrades. If, at any time after execution of a Service Order, Customer causes a delay in Service installation or port dates, Customer shall be responsible for any additional cost and fees incurred by Fusion or Customer as a result of any such delay.