Common use of Access to the Software Clause in Contracts

Access to the Software. 6.1 Subject to the Customer purchasing the User Subscription in accordance with clause 9, the Supplier hereby grants to the Customer a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Software, any associated media, printed materials and documentation relating to the Software (the "Documentation") during the Subscription Term solely for the Customer's internal business operations, subject to any further terms in the Work Order issued between the parties. 6.2 In consideration of the Subscription Fee set out in the Work Order, The Customer shall be entitled to access the Software on up to three devices associated with Platform Provider’s account. The Supplier shall be at liberty to amend this number of devices at any time on 14 Business Days’ notice to the Client. 6.3 The Customer shall not: 6.3.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) except to the extent expressly set out in this Agreement or as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; 6.3.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software except to the extent allowed by any applicable law which is incapable of exclusion by agreement between the parties; 6.3.3 access all or any part of the Software or Documentation in order to build a product or service which competes with the Software and/or the Documentation; 6.3.4 use the Software and/or Documentation to provide services to third parties; 6.3.5 attempt to obtain, or assist third parties in obtaining, access to the Software and/or Documentation, other than as provided under this Agreement. 6.4 For the avoidance of doubt, the Customer shall have no right to access the software code (including object code, intermediate code and source code) of the Software, either during or after the Subscription Term. 6.5 The Customer shall not access, store, distribute or transmit any Viruses or any material during the course of its use of the Services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal or causes damage or injury to any person or property. 6.6 Without prejudice to any of the parties' obligations or duties under or in connection with this Agreement, and save as expressly stated otherwise within this Agreement, the Supplier does not warrant, expressly or impliedly, that: 6.6.1 the Software; or 6.6.2 any software format in which the information or digital data which is compiled, received, stored, shared, published or otherwise issued in accordance with this Agreement is compatible with any software or software format used by or on behalf of the Customer. The Supplier shall not be liable for any delays, additional costs and direct or indirect loss or damages arising due to the compatibility of the Software with any software, hardware or infrastructure of the Customer. 6.7 Except as expressly stated in this Agreement, the Software is provided as is. To the maximum extent permitted by law, the Supplier disclaims any and all other warranties (express, implied or statutory, or otherwise) including of merchantability or fitness for a particular purpose, whether arising by a course of dealing, usage or trade practice, or course of performance.

Access to the Software. 6.1 ‌ 2.1 Subject to the Customer purchasing paying the User Subscription in accordance Fees and complying with clause 9the terms and conditions of this Agreement, the Supplier hereby grants to the Customer a non-exclusive, non-transferable righttransferable, without the non- sublicensable right to grant sublicences, permit the Authorised Users to use the Software, any associated media, printed materials and documentation relating to the Software (the "Documentation") during the Subscription Term solely for Term. 2.2 The Software will either be accessed on the Customer's internal business operationspremises in which case the Supplier shall deliver and install on the Customer's equipment one copy of the Software, subject to any further terms in or shall be accessed via the Work Order issued between Supplier's cloud services, as agreed by the parties. 6.2 In consideration of the Subscription Fee set out in the Work Order, 2.3 The Customer shall be entitled to access not access, store, distribute or transmit any Viruses or any material during its use of the Software on up that is unlawful, harmful, infringing, offensive, discriminatory, or which facilitates illegal activity or depicts sexually explicit images or causes damage or injury to three devices associated with Platform Provider’s accountany person or property. The Supplier shall be at liberty reserves the right, without liability or prejudice to amend this number of devices at any time on 14 Business Days’ notice its other rights to the ClientCustomer, to disable the Customer's and Authorised Users' access to any material that breaches the provisions of this clause 2.3. 6.3 The 2.4 Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under this Agreement, the Customer shall not: 6.3.1 , and shall not attempt to to, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) except to the extent expressly set out in this Agreement any form or as may be allowed media or by any applicable law which is incapable of exclusion by agreement between the parties; 6.3.2 means, or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software except to the extent allowed by any applicable law which is incapable of exclusion by agreement between the parties;(including its object code and source code). 6.3.3 2.5 The Customer shall not, and shall not attempt to: (a) access all or any part of the Software or Documentation in order to build a product or service which competes with the Software and/or the Documentation; 6.3.4 use Software; (b) make the Software and/or Documentation or any of the Services available to provide services any third party except to third parties; 6.3.5 Authorised Users; or (c) attempt to obtain, or assist any third parties party in obtaining, access to the Software and/or DocumentationSoftware, other than as provided under this Agreementclause 2. 6.4 For the avoidance of doubt, the Customer shall have no right to access the software code (including object code, intermediate code and source code) of the Software, either during or after the Subscription Term. 6.5 2.6 The Customer shall not accessuse all reasonable endeavours to prevent any unauthorised access to, storeor use of, distribute the Software and, in the event of any such unauthorised access or transmit any Viruses or any material during use, promptly notify the course of its Supplier. 2.7 The Customer acknowledges and agrees that each Authorised User must keep a secure password for their use of the Services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal or causes damage or injury Software which must be kept confidential. 2.8 The Customer shall permit the Supplier to inspect and have access to any person premises (and to the computer equipment located there) at or property. 6.6 Without prejudice on which the Software is being kept or used, and have access to any of the parties' obligations or duties under or records kept in connection with this Agreement, and save as expressly stated otherwise within for the purpose of ensuring that the Customer is complying with the terms of this Agreement, provided that the Supplier does not warrantSuppler provides reasonable advance notice to the Customer of such inspections, expressly or impliedly, that:which shall take place at a reasonable time. 6.6.1 2.9 The rights provided under this clause 2 are granted to the Software; or 6.6.2 any software format in which the information or digital data which is compiled, received, stored, shared, published or otherwise issued in accordance with this Agreement is compatible with any software or software format used by or on behalf of the Customer. The Supplier Customer only and shall not be liable for considered granted to any delaysaffiliate, additional costs and direct subsidiary or indirect loss or damages arising due to the compatibility of the Software with any software, hardware or infrastructure holding company of the Customer. 6.7 Except as expressly stated in this Agreement, the Software is provided as is. To the maximum extent permitted by law, the Supplier disclaims any and all other warranties (express, implied or statutory, or otherwise) including of merchantability or fitness for a particular purpose, whether arising by a course of dealing, usage or trade practice, or course of performance.

Access to the Software. 6.1 Subject to 3.1 In consideration of the Customer purchasing the User Subscription in accordance with clause 9Licence Fees, the Supplier hereby Activ8 Intelligence grants to the Customer Customer, from and including the Go Live Sign Off Date, a non-exclusive, non-transferable transferable, revocable right to permit Authorised Users to use the Services during the Licence Term only for the Customer’s internal business operation subject to this agreement. 3.2 The Customer shall use its best endeavours not to access, store, distribute or transmit any Viruses, nor access, store, distribute or transmit any material during the course of its use of the Services that is unlawful or that facilitates or promotes unlawful conduct or activity including material that is harmful, threatening, defamatory, obscene, sexually explicit, harassing, intimidating, or that causes or may cause damage or injury to any person or property. Activ8 Intelligence reserves the right, without the right liability or prejudice to grant sublicencesits other rights and obligations, to use the Software, any associated media, printed materials and documentation relating to the Software (the "Documentation") during the Subscription Term solely for disable the Customer's internal business operations, subject ’s access to any further terms in material that breaches the Work Order issued between the partiesprovisions of this clause. 6.2 In consideration of the Subscription Fee set out in the Work Order, The Customer shall be entitled to access the Software on up to three devices associated with Platform Provider’s account. The Supplier shall be at liberty to amend this number of devices at any time on 14 Business Days’ notice to the Client. 6.3 3.3 The Customer shall not: 6.3.1 a) except as may be allowed by any applicable law that is incapable of exclusion by agreement between the parties: (i) and except to the extent expressly permitted under this agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) except to the extent expressly set out in this Agreement any form or as may be allowed media or by any applicable law which is incapable of exclusion by agreement between the parties;means; or 6.3.2 (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form form, all or any part of the Software except to the extent allowed by any applicable law which is incapable of exclusion by agreement between the parties;Software; or 6.3.3 b) access all or any part of the Software or Documentation Services in order to build or assist in any way with the building of a product or service which competes with and/or is similar to the Software and/or the Documentation;Services; or 6.3.4 c) use the Software and/or Documentation Services to provide services to third parties;; or 6.3.5 d) subject to clause 19.1 licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services or any part of them available to any third party except the Authorised Users; or e) attempt to obtain, or assist third parties in obtaining, access to the Software and/or DocumentationServices, other than as provided under this Agreementclause 3. 6.4 For the avoidance of doubt, the Customer shall have no right to access the software code (including object code, intermediate code and source code) of the Software, either during or after the Subscription Term. 6.5 3.4 The Customer shall not accessuse all reasonable endeavours to prevent any unauthorised access to, storeor use of, distribute or transmit any Viruses or any material during the course of its use of the Services that is unlawfuland, harmfulin the event of any such unauthorised access or use, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal or causes damage or injury shall promptly notify Activ8 Intelligence of such access and the circumstances relating to any person or propertysuch access. 6.6 Without prejudice to any 3.5 The Customer shall be responsible for the set-up of the parties' obligations or duties under or in connection with this Agreement, and save as expressly stated otherwise within this Agreement, the Supplier does not warrant, expressly or impliedly, that: 6.6.1 the Software; or 6.6.2 any software format in which the information or digital data which is compiled, received, stored, shared, published or otherwise issued in accordance with this Agreement is compatible with any software or software format used by or on behalf maintenance of the Customer. The Supplier shall not be liable for any delays, additional costs and direct or indirect loss or damages arising due to the compatibility of the Software with any software, hardware or infrastructure of the CustomerUser Permissions. 6.7 Except as expressly stated in this Agreement, the Software is provided as is. To the maximum extent permitted by law, the Supplier disclaims any and all other warranties (express, implied or statutory, or otherwise) including of merchantability or fitness for a particular purpose, whether arising by a course of dealing, usage or trade practice, or course of performance.