Authorization Limitations and Restrictions. Customer shall not, and shall not permit any other person to, access or use the Services except as expressly permitted by this Agreement and, in the case of third-party materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: (a) copy, modify or create derivative works or improvements of the Services; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part; (d) bypass or breach any security device or protection used by the Services or access or use the Services other than by an Authorized User through the use of his or her own then valid access credentials; (e) input, upload, transmit or otherwise provide to or through the Services or CUE Audio Platform, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code; (f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, the CUE Audio Platform or CUE Audio’s provision of services to any third party, in whole or in part; (g) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services, including any copy thereof; (h) access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party or that violates any applicable law; (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (j) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights; (k) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (l) attempt to gain unauthorized access to the Service or its related systems or networks; (m) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (n) use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, the CUE Audio Platform, or which, as determined by CUE Audio, may harm CUE Audio or users of the CUE Audio Platform or Services or expose them to liability; (p) use any device, software or routine that interferes with the proper working of the Services or the CUE Audio Platform; (q) access or use the Services for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product or any other purpose that is to CUE Audio’s detriment or commercial disadvantage; or (r) otherwise access or use the Services beyond the scope of the authorization granted under this Agreement.
Appears in 1 contract
Samples: Terms of Service
Authorization Limitations and Restrictions. Customer shall will not, and shall will not permit any other person Person to, access or use the Services or Prelim Materials except as expressly permitted by this Agreement and, in the case of thirdThird-party materialsParty Materials, the applicable third-party license agreement. For purposes of clarity and without Without limiting the generality of the foregoing, Customer shall will not, except as this Agreement expressly permits:
(a) copy, modify modify, or create derivative works or improvements of the ServicesServices or Prelim Materials;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, adapt adapt, or otherwise attempt to derive or gain access to the source code of the ServicesServices or Prelim Materials, in whole or in part;
(dc) bypass or breach any security device or protection used by the Services or Prelim Materials or access or use any of the Services other than by an Authorized User or Prelim Materials except through the use of his or her own then valid access credentialsAccess Credentials;
(ed) input, upload, transmit transmit, or otherwise provide to or through the Services or CUE Audio PlatformPrelim Systems, any information or materials that are unlawful or injurious, or contain, transmit transmit, or activate any harmful codeHarmful Code;
(fe) damage, destroy, disrupt, disable, impair, interfere with with, or otherwise impede or harm in any manner the Services, the CUE Audio Platform Prelim Systems, or CUE Audio’s Prelim's provision of services to any third party, in whole or in part;
(f) access or use the Services or Prelim Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right Prelim or any third party or that violates any applicable Law;
(g) removeaccess or use the Services or Prelim Materials for purposes of competitive analysis of the Services or Prelim Materials, deletethe development, alter provision, or obscure any trademarks, specifications, documentation, warranties use of a competing software service or disclaimersproduct, or any copyright, trademark, patent other purpose that is to Prelim's detriment or other intellectual property or proprietary rights notices from any Services, including any copy thereofcommercial disadvantage;
(h) access or use the Services or Prelim Materials in, or in association with, the design, construction, maintenance, operation of any manner hazardous environments, systems, or for applications, any purpose that infringes, misappropriates or otherwise violates any intellectual property right safety response systems or other right of any third party or that violates any applicable law;
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(j) send or store infringing, obscene, threatening, libeloussafety-critical applications, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights;
(k) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(l) attempt to gain unauthorized access to the Service or its related systems or networks;
(m) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(n) use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of application in which the Services, the CUE Audio Platform, use or which, as determined by CUE Audio, may harm CUE Audio or users of the CUE Audio Platform or Services or expose them to liability;
(p) use any device, software or routine that interferes with the proper working failure of the Services could lead to personal injury or the CUE Audio Platform;
(q) access or use the Services for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product or any other purpose that is to CUE Audio’s detriment or commercial disadvantageproperty damage; or
(ri) otherwise access or use the Services or Prelim Materials beyond the scope of the authorization granted under this AgreementSection 3.1.
Appears in 1 contract
Samples: Master Subscription Agreement
Authorization Limitations and Restrictions. Customer Subscriber shall not, and shall not permit any other person or entity to, access or use the Services except as expressly permitted by this Agreement and, in the case of third-party materials, the applicable third-party license agreementAgreement. For purposes of clarity and without limiting the generality of the foregoing, Customer Subscriber shall not, except as this Agreement expressly permits:
(a) : copy, modify or create derivative works or improvements of the Services;
(b) ; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services to any personother person or entity, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) ; reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part;
(d) ; bypass or breach any security device or protection used by the Services or access or use the Services other than by an Authorized a System User through the use of his or her own then then-valid access credentials;
(e) Access Credentials as issued by the appropriate Account Administrator for the relevant domain; input, upload, transmit or otherwise provide to or through the Services or CUE Audio PlatformServices, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code;
(f) Harmful Code; damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, the CUE Audio Platform or CUE Audio’s provision of services to any third party, in whole or in part;
(g) ; remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services, including any copy thereof;
(h) ; access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right Intellectual Property Right or other right of any third party party, or that violates any applicable law;
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(j) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights;
(k) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(l) attempt to gain unauthorized access to the Service or its related systems or networks;
(m) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(n) use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, the CUE Audio Platform, or which, as determined by CUE Audio, may harm CUE Audio or users of the CUE Audio Platform or Services or expose them to liability;
(p) use any device, software or routine that interferes with the proper working of the Services or the CUE Audio Platform;
(q) Law; access or use the Services for purposes of competitive analysis of the ServicesServices or, the development, provision or use of a competing software service or product or any other purpose that is to CUE Audiothe Circadiance’s detriment or commercial disadvantage; or
(r) or otherwise access or use the Services beyond the scope of the authorization granted under this Agreement.
Appears in 1 contract
Samples: Software Subscription Agreement
Authorization Limitations and Restrictions. Customer shall not, will not and shall will not knowingly permit any other person to, Person to access or use the Services or Service Provider Materials except as expressly permitted by this Agreement and/or any Service Order and, in the case of thirdThird-party materialsParty Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement or any Service Order expressly permits:
(a) copy, modify or create derivative works or improvements of the Services;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Services or Service Provider Materials available any Services to any personthird party that is not an Authorized User;
(b) copy, including on modify or in connection with create derivative works or improvements of the internet Services or any time-sharing, service bureau, software as a service, cloud or other technology or serviceService Provider Materials;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the ServicesServices or Service Provider Materials, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or Service Provider Materials or access or use the Services or Service Provider Materials other than by an Authorized User through the use of his or her own then valid access credentialsAccess Credentials;
(e) input, upload, transmit use or otherwise provide to or through authorize the use of the Services or CUE Audio Platform, Documentation in any information manner or materials for any purpose that are is unlawful or injurious, or contain, transmit or activate any harmful code;under applicable Law.
(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, the CUE Audio Platform or CUE Audio’s provision of services to any third party, in whole or in part;
(g) remove, delete, alter or obscure any trademarks, specifications, documentationDocumentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any ServicesServices or Service Provider Materials, including any copy thereof;
(hg) access or use the Services or Service Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right Intellectual Property Right or other right of any third party party, or that violates any applicable lawLaw;
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(j) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights;
(k) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(l) attempt to gain unauthorized access to the Service or its related systems or networks;
(m) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(n) use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, the CUE Audio Platform, or which, as determined by CUE Audio, may harm CUE Audio or users of the CUE Audio Platform or Services or expose them to liability;
(p) use any device, software or routine that interferes with the proper working of the Services or the CUE Audio Platform;
(qh) access or use the Services or Service Provider Materials for purposes of competitive analysis of the ServicesServices or Service Provider Materials, the development, provision or use of a competing software service or product or any other purpose that is to CUE Audio’s the Service Provider's detriment or commercial disadvantage; or
(ri) otherwise access or use the Services or Service Provider Materials beyond the scope of the authorization granted under provided in this AgreementAgreement or in any applicable Service Order.
Appears in 1 contract
Samples: Software as a Service Agreement
Authorization Limitations and Restrictions. Customer shall not, and shall not permit any other person to, access or use the Services except as expressly permitted by this Agreement and, in the case of third-party materials, the applicable third-party license agreementAgreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, 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 expressly permitsAgreement:
(a) attempt to copy, modify modify, duplicate or create derivative works from, create improvements of, frame, mirror, republish, download, display, transmit or improvements distribute all or any portion of the ServicesServices and/or the Documentation in any form or media or by any means;
(b) rent, lease, lend, sell, sublicense, assign, distribute, display, disclose, publish, transfer or otherwise commercially exploit, or otherwise make available any Services and/or the Documentation to any personthird party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code Source Code of any Software comprised in the Services, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or access or use the Services other than by an Authorized User through using only the use of his or her own then valid access credentialscredentials specifically allocated to that Authorized User;
(e) input, upload, transmit or otherwise provide to or through the Services or CUE Audio Platformthe Hudl Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code;
(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, the CUE Audio Platform Hudl Systems or CUE AudioHudl’s provision of services to any third party, in whole or in part;
(g) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties trade marks or disclaimers, or any copyright, trademarktrade xxxx, patent or other intellectual property or proprietary rights notices from any Services, the Documentation or any other Hudl materials, including any copy thereof;; or
(h) access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right Intellectual Property Right or other right of any third party party, or that violates any applicable law;
(i) send spam or otherwise duplicative or unsolicited messages Applicable Law. Notwithstanding anything in violation of applicable laws;
(j) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights;
(k) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(l) attempt to gain unauthorized access the foregoing to the Service or its related systems or networks;
(m) contrary, the parties agree that Customer shall be permitted to use the Services in any way conjunction with certain third-party software that violates any applicable federalCustomer may use from time to time, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to solely for its internal purposes and from the US or other countries);
(n) use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, the CUE Audio Platform, or which, as determined by CUE Audio, may harm CUE Audio or users of the CUE Audio Platform or Services or expose them to liability;
(p) use any device, software or routine that interferes accordance with the proper working terms of the Services or the CUE Audio Platform;
(q) access or use the Services for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product or any other purpose that is to CUE Audio’s detriment or commercial disadvantage; or
(r) otherwise access or use the Services beyond the scope of the authorization granted under this Agreement.
Appears in 1 contract
Samples: Software Services Agreement
Authorization Limitations and Restrictions. Customer shall not, Customers and shall not permit any other person to, Users’ access or to and use the Services except as expressly permitted by this Agreement and, in the case of third-party materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Software and any Company Materials is subject to the restrictions in this Section 2.5. Customer or its Users shall not, except as this the Agreement expressly permits:
: (ai) copy, modify or create derivative works or improvements of the Services;
Software or Company Materials, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Software or Company Materials to any third party; (bii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services Software or Company Materials to any personthird party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
; (ciii) reverse reverse-engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the ServicesSoftware or Company Materials; (iv) input, upload, transmit or otherwise provide to or through the Software or Company Materials, any information or materials that is: (1) unlawful or injurious, libelous, threatening, obscene or would violate the copyright or other intellectual property right or privacy right of any person, or (2) contain, transmit or activate any virus, worm, malware or other malicious computer code; or (v) access or use the Software or Company Materials in whole any manner or in part;
for any purpose that is not expressly specified hereunder or that violates any applicable law; (dv) bypass or breach any security device or protection used by the Services Software or Company Materials or access or use the Services Software or Company Materials other than by an Authorized User through the use of his or her own then valid access credentials;
; (e) input, upload, transmit or otherwise provide to or through the Services or CUE Audio Platform, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code;
(fvi) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, the CUE Audio Platform Software or CUE Audio’s Company Materials or Company's provision of services to any third party, in whole or in part;
; (gvii) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any ServicesCompany Materials, including any copy thereof;
; or (hviii) access or use the Services in any manner Software or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party or that violates any applicable law;
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(j) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights;
(k) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(l) attempt to gain unauthorized access to the Service or its related systems or networks;
(m) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(n) use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, the CUE Audio Platform, or which, as determined by CUE Audio, may harm CUE Audio or users of the CUE Audio Platform or Services or expose them to liability;
(p) use any device, software or routine that interferes with the proper working of the Services or the CUE Audio Platform;
(q) access or use the Services Company Materials for purposes of competitive analysis of the ServicesSoftware or Company Materials, the development, provision or use of a competing software service or product or any other purpose that is to CUE Audiothe Company’s detriment or commercial disadvantage; or
(r) otherwise access or use the Services beyond the scope . Customer acknowledges that a violation of this Section 2.5 shall be deemed a material breach of the authorization granted under this Agreement.
Appears in 1 contract