Common use of Access and Usage Restrictions Clause in Contracts

Access and Usage Restrictions. All Software is provided on a subscription access basis, not sold. The restrictions in this Agreement represent conditions of Customer’s permission to access and use the Offering. Unless otherwise specified in the Product Order Form or the Documentation, the Software is pre-installed on the Hardware and Customer agrees to use the Software solely in conjunction with such Hardware and not separately or apart from the Hardware. Customer specifically agrees not to: (i) licence, rent, sell, lease, distribute, grant access to or rights in, or otherwise transfer the Software or any part thereof or use the Offering, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit of any third party (other than Customer’s Affiliates); (ii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable law; (iii) modify, port, translate, localise or create derivative works of the Software or the Documentation; (iv) use the Offering: (a) in violation of any law, statute, ordinance or regulation applicable to Customer (including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination; or (b) negligently, intentionally or wilfully propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data; (v) remove or modify any acknowledgements, credits or legal notices contained on any Appliance or any part thereof; (vi) install or run on the Hardware and software applications other than the Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace computer system, network, or database; and (viii) file copyright or patent applications that include the Offering or any portion thereof.

Access and Usage Restrictions. All Software is provided on the Customer has a subscription access basisnon-exclusive, not sold. The restrictions non-sublicensable, non-transferable (except as specifically permitted in this Agreement represent conditions of Customer’s permission Agreement) right to access and use the OfferingVuealta Service under this Agreement during the applicable Subscription Term, solely for the Customer’s internal business purposes relating to the processing of Customer Data subject to the limitations stated in the Order Schedule(s). Unless otherwise specified specifically permitted in the Product Order Form or the Documentationthis Agreement, the Software Customer shall not (a) sublicense, sell, transfer, assign, distribute or otherwise grant or enable access to the Vuealta Service in a manner that allows access to or use of the Vuealta Service by an individual who is pre-installed not an Authorised User, or to commercially exploit the Vuealta Service; (b) copy, modify or create derivative works based on the Hardware Vuealta Service (for the sake of clarity, inputting Customer Data is not considered a creation of a derivative work); (c) reverse engineer or decompile the Vuealta Service (except to the extent permitted by applicable law and Customer agrees only if the Supplier fails to provide permitted interface information within a reasonable period of time after the Customer’s written request); (d) copy any features, functions or graphics of the Vuealta Service; (e) allow Authorised User subscriptions to be shared or used by more than one individual Authorised User (except that Authorised User subscriptions may be reassigned to new Authorised Users replacing individuals who no longer use the Software solely Vuealta Service for any purpose, whether by termination of employment or other change in conjunction with such Hardware job status or function); or (f) access or use the Vuealta Service except as expressly permitted under this Agreement; and not separately (g) access or apart from use the Hardware. Customer specifically agrees not to: Vuealta Service (i) licenceto send or store infringing, rentobscene, sell, lease, distribute, grant access to or rights inthreatening, or otherwise transfer the Software or any part thereof or use the Offeringunlawful material, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit including material violative of any third third-party (other than Customer’s Affiliates)privacy rights; (ii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms in violation of the Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable lawlaws; (iii) modify, port, translate, localise to send or create derivative works of the Software store material knowingly or the Documentation; (iv) use the Offering: (a) in violation of any law, statute, ordinance or regulation applicable to Customer (including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related intentionally containing software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination; or (b) negligently, intentionally or wilfully propagate any virusviruses, worms, Trojan horses or other programming routine intended to damage any system harmful computer code, files, scripts, or dataagents; (iv) in a manner that interferes with or disrupts the integrity or performance of the Vuealta Service or the Anaplan Platform (or the data contained in the Vuealta Service); or (v) remove or modify any acknowledgements, credits or legal notices contained on any Appliance or any part thereof; (vi) install or run on the Hardware and software applications other than the Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted unauthorized access by any means to any Darktrace computer system, network, the Vuealta Service (including unauthorised features and functionality) or database; and (viii) file copyright its related systems or patent applications that include the Offering or any portion thereofnetworks.

Access and Usage Restrictions. All Software is provided on a subscription access basis, not sold. The restrictions in this Agreement represent conditions of Customer’s permission to access and use the Offering. Unless otherwise specified in the Product Order Form or the Documentation, the Software is pre-installed on the Hardware and Customer agrees to use the Software solely in conjunction with such Hardware and not separately or apart from the Hardware. Customer specifically agrees not to: (i) licencelicense, rent, sell, lease, distribute, grant access to or rights in, or otherwise transfer the Software or any part thereof or use the Offering, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use the Offering for the benefit of any third party (other than Customer’s Affiliates); (ii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable law; (iii) modify, port, translate, localise localize or create derivative works of the Software or the Documentation; (iv) use the Offering: (a) in violation of any law, statute, ordinance or regulation applicable to Customer (including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination; or (b) negligently, intentionally or wilfully willfully propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data; (v) remove or modify any acknowledgements, credits or legal notices contained on any Appliance or any part thereof; (vi) install or run on the Hardware and any software applications other than the Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace computer system, network, or database; and or (viii) file copyright or patent applications that include the Offering or any portion thereof.