Conditions of Use. 5.1 Except as expressly permitted under this Agreement, the licences granted to You pursuant to clause 3 of this Agreement are subject to You complying (and ensuring compliance by Your Users) with all the conditions set out in this Agreement. You shall ensure that all Users undertake to agree to the terms set out in this Agreement. 5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter. 5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement. 5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position. 5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement. 5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor. 5.7 You shall in supplying Your Data to the Database: 5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation; 5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest; 5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and 5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement. 5.8 In supplying the Database to You and to Data Accessors We shall: 5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and 5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and 5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and 5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreement.
Appears in 3 contracts
Samples: Data Inputter Agreement, Data Inputter Agreement, Data Inputter Agreement
Conditions of Use. 5.1 Except 4.1 The Xxxxxx undertakes that:
(a) it shall use the Art only in relation to the Purpose specified in Schedule 1.
(b) it shall conform to any statutory or other regulatory requirements in respect of them which may be applicable from time to time within the Territory including without limitation securing all third-party permissions and clearances as expressly permitted may be necessary to enable the Xxxxxx to exercise the rights granted under this Agreementagreement;
(c) it shall not amend, adapt, use or position the licences Art so as to suggest that the Artist or any of the persons appearing in the Art endorse any commercial product or service or any political party or belief or use tobacco or alcohol or drugs;
(d) will not distribute, sell, license or sub-license, let, trade or expose for sale the Art (other than the NFT) to a third party.
(e) will not use the Art (other than the NFT) in any way that allows a standalone file or content file to be downloaded, extracted, or redistributed by others.
4.2 Nothing contained in this Agreement shall entitle the Xxxxxx to use the Art as part of any corporate business or trading name or style of the Xxxxxx.
4.3 The Xxxxxx shall not alter in any way the Art except to the extent absolutely necessary to exercise the rights granted under this agreement provided always that any intellectual property rights arising in respect of the alterations shall vest in the Artist.
4.4 The Xxxxxx shall accord credit on any use or reproduction of the Art in the name of the Artist and shall agree with all other parties who display the Art for the NFT sale that they shall accord us the same credit. However, any inadvertent failure by the Xxxxxx to You pursuant accord such credit and any failure by any third party to clause 3 accord such credit shall not constitute a breach of this Agreement are subject by Xxxxxx provided that the Xxxxxx uses reasonable endeavours to You complying (remedy any such failure that the Artist make the Xxxxxx aware of, as soon as reasonably practicable and ensuring compliance on a prospective basis only, provided that the Xxxxxx is not required to recall any print or other material already ordered nor incur any legal costs or expenses.
4.5 The Art, in its original state, may be photographed or reproduced by Your Users) Xxxxxx for advertising and marketing purposes. Xxxxxx agrees that all promotions shall be dignified and in keeping with all the conditions set out Artist’s reputation as a respected professional.
4.6 The Artist irrevocably grants Xxxxxx the exclusive right to include the Image in its catalog(s), postcard(s), educational material(s), and inclusion on its website, and for other promotional materials and opportunities.
4.7 The Artist shall have no artistic control over the Xxxxxx’x adaptations or alterations to the Artwork as it relates to this Agreement. You All adaptation/alteration decisions shall ensure that all Users undertake to agree be made solely by Xxxxxx’x representatives to the terms set out purposes of the application outlined in Scope of Work in this Agreement.
5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying the Database to You and to Data Accessors We shall:
5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreement.
Appears in 2 contracts
Samples: NFT Art License Agreement, NFT Art License Agreement
Conditions of Use. 5.1 Except 4.1 The Xxxxxx undertakes that:
(a) it shall use the Art only in relation to the Purpose specified in Schedule 1.
(b) it shall conform to any statutory or other regulatory requirements in respect of them which may be applicable from time to time within the Territory including without limitation securing all third-party permissions and clearances as expressly permitted may be necessary to enable the Xxxxxx to exercise the rights granted under this Agreementagreement;
(c) it shall not amend, adapt, use or position the licences Art so as to suggest that the Artist or any of the persons appearing in the Art endorse any commercial product or service or any political party or belief or use tobacco or alcohol or drugs;
(d) will not distribute, sell, license or sub-license, let, trade or expose for sale the Art (other than the NFT) to a third party.
(e) will not use the Art (other than the NFT) in any way that allows a standalone file or content file to be downloaded, extracted, or redistributed by others.
4.2 Nothing contained in this Agreement shall entitle the Xxxxxx to use the Art as part of any corporate business or trading name or style of the Minter.
4.3 The Xxxxxx shall not alter in any way the Art except to the extent absolutely necessary to exercise the rights granted under this agreement provided always that any intellectual property rights arising in respect of the alterations shall vest in the Artist.
4.4 The Minter shall accord credit on any use or reproduction of the Art in the name of the Artist and shall agree with all other parties who display the Art for the NFT sale that they shall accord us the same credit. However, any inadvertent failure by the Minter to You pursuant accord such credit and any failure by any third party to clause 3 accord such credit shall not constitute a breach of this Agreement are subject by Xxxxxx provided that the Minter uses reasonable endeavours to You complying (remedy any such failure that the Artist make the Xxxxxx aware of, as soon as reasonably practicable and ensuring compliance on a prospective basis only, provided that the Xxxxxx is not required to recall any print or other material already ordered nor incur any legal costs or expenses.
4.5 The Art, in its original state, may be photographed or reproduced by Your Users) Xxxxxx for advertising and marketing purposes. Xxxxxx agrees that all promotions shall be dignified and in keeping with all the conditions set out Artist’s reputation as a respected professional.
4.6 The Artist irrevocably grants Xxxxxx the exclusive right to include the Image in its catalog(s), postcard(s), educational material(s), and inclusion on its website, and for other promotional materials and opportunities.
4.7 The Artist shall have no artistic control over the Xxxxxx’x adaptations or alterations to the Artwork as it relates to this Agreement. You All adaptation/alteration decisions shall ensure that all Users undertake to agree be made solely by Xxxxxx’x representatives to the terms set out purposes of the application outlined in Scope of Work in this Agreement.
5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying the Database to You and to Data Accessors We shall:
5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreement.
Appears in 2 contracts
Samples: NFT Art License Agreement, NFT Art License Agreement
Conditions of Use. 5.1 Except Notwithstanding anything to the contrary contained herein, Tenant shall only have the right to the Exterior Signage as expressly permitted under this Agreement, the licences granted to You pursuant to clause 3 of this Agreement are subject to You complying (and ensuring compliance by Your Users) with all the conditions set out forth in this Agreement. You shall ensure Section 10 in the event that all Users undertake to agree to the terms set out in this Agreement.
5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf Tenant satisfies each of the Secretary following conditions: (i) Tenant shall pay to Landlord, concurrently with Base Rent, a monthly fee for the Exterior Signage in the amount of State Seven Thousand Five Hundred Dollars ($7,500.00), which fee shall be payable commencing as of installation of the Exterior Signage and continuing thereafter until the date upon which the Exterior Signage is removed in accordance with Section 10.4 below; (ii) Tenant shall continuously lease at least 120,000 rentable square feet within the Project and/or occupy at least 100,000 rentable square feet in the Project commencing as of installation of the Exterior Signage and continuing thereafter until the Exterior Signage is removed in accordance with Section 10.4 below; (iii) Tenant’s gross revenue shall be at least Twenty-Five Million Dollars ($25,000,000.00) for Health if You suspect the twelve (12) consecutive months immediately prior to installation of the Exterior Signage, as evidenced by audited financial statements which Tenant shall provide to Landlord for such period; (iv) in no event shall Tenant sublease any of the Premises or become aware other space occupied by Tenant within the Project for a term (including options) expiring within the last two (2) years of the Modified Term; and (v) Tenant shall pay to Landlord the full amount of any infringement taxes, fees or breach of the Intellectual Property Rights other costs imposed upon Landlord by any governmental authority in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying connection with the terms of its agreement Exterior Signage. In the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not event that at any time conduct Yourself during the Modified Term Tenant fails to fulfill any of the foregoing conditions, Tenant’s right to the Exterior Signage shall thereupon terminate and Tenant shall remove such Exterior Signage as provided in Section 10.4 below. The rights to the Exterior Signage shall be personal to Original Tenant and any Permitted Transferee and may not otherwise be transferred. Notwithstanding the foregoing, Landlord’s prior approval, which shall not be unreasonably withheld, shall be required for any change to the Exterior Signage resulting from a transfer of Exterior Signage rights to a Permitted Transferee. Landlord and Tenant hereby agree that it shall be deemed to be reasonable under this Section 10.3 and Applicable Laws for Landlord to withhold consent to changes to the Exterior Signage resulting from a transfer of the Exterior Signage rights to any proposed Permitted Transferee if (a) the name to be placed on the Exterior Signage is the name of a Permitted Transferee whose character or reputation is inconsistent with the quality of the Building or Project, or if such Permitted Transferee is engaged in a manner business which is inconsistent with the quality of the Building or Project, (b) the name of such Permitted Transferee would reflect unfavourably be significantly less prestigious than Original Tenant, or (c) the name to be placed on NICE the Exterior Signage is the name of a Permitted Transferee whose primary business is the same as, or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited substantially similar to, disparagement the primary business of Collected Data any existing or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent planned occupant of the Department Project as of Health the date on which Landlord is advised in writing by Tenant of the Transfer or of NICE or representative or proposed Transfer to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this AgreementPermitted Transferee.
5.8 In supplying the Database to You and to Data Accessors We shall:
5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreement.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Conditions of Use. 5.1 Everything that you scan, store on, share, access, or otherwise make available to or from our Services is your content (“Your Content”). By using the Services you acknowledge and agree that you do not own the Services and that you only have a limited right to use the Services subject to these Terms. Unless otherwise specified by the Terms, the rights granted to you shall not extend to third-parties and you may not assign or otherwise transfer them, including by operation of law, without the prior written consent of Artzip. By accessing our Services, you agree that you are solely responsible and liable for all activities carried out by you through your use of our Services. You represent and warrant that you will not use our Services in a manner that infringes, violates, or misappropriates any rights of us or any third party. You represent and warrant that you are the owner of and/or otherwise have the right to any art, image, or other work protected by copyright law that you scan, store on, share, access, or otherwise make available to or from our Services. You grant Artzip a worldwide, non-exclusive, irrevocable, royalty-free license to use, store, back-up, copy, transmit, distribute, communicate, modify, and otherwise make available Your Content so long as Artzip does not publicly display Your Content without any compensation or obligation to you. Artzip has the right to distribute Your Content internally to employees and contractors for the purposes of ensuring conformity with the Terms and to improve the Services through research and development. You further grant us a royalty-free license to use your username, image, and likeness to identify you as the source of any of Your Content to the extent you share any of Your Content to a third- party. You agree that Your Content will not contain any material which is defamatory of any person, promoting, engaging or encouraging illegal activity, offensive, pornographic, hateful or inflammatory. You acknowledge certain features of the Services may allow you to share Your Content with a third-party. Artzip does not and cannot control what the third-party does with Your Content. Artzip shall not be liable to you for any losses, damages, costs, or expenses arising from or connected to a third-party’s copying, distributing, or otherwise violating your rights to Your Content. You acknowledge and agree that we are not liable to you or anyone else for any losses, damages, costs, expenses or other harm arising from or related to use of the Services. You acknowledge and agree that all information and content contained in the Services, including text, photos, videos, graphics, and software (“Our Content”), is owned by or licensed to Artzip. Our Content is protected by copyright, trademark, and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated, all trademarks, service marks, logos, trade dress, and trade names are proprietary to Artzip, including without limitation, ARTZIP. Please be advised that we enforce our intellectual property rights to the fullest extent of the law. Artzip grants you a non-exclusive, royalty-free, non-assignable, non-transferable, limited, revocable license to access and use the Services as expressly permitted under this Agreement, the licences granted to You pursuant to clause 3 of this Agreement are by these Terms and subject to You complying (and ensuring compliance by Your Users) with all the conditions set out Terms and all applicable intellectual property laws. Our Content may not be copied, republished, uploaded, posted, transmitted, distributed in this Agreementany way, and/or modified without Artzip’s express written permission. You shall ensure may not reproduce, reverse engineer, redistribute, publish or otherwise transfer or commercially exploit, in whole or in part, of the Services. You acknowledge and agree that all Users undertake we are entitled to agree to the terms set out in this Agreement.
5.2 Other than in respect of Your Datasuspend our Services at any time for any reason whatsoever, You and we shall not (nor may be liable to you for any losses, damages, costs, or expenses arising from or connected to unavailability of our Services. You permit Your Users to) attempt to accessacknowledge and agree that we do not warrant that use of our Services shall be uninterrupted or glitch-free, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must and we are not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data responsible in any manner not expressly authorised by this Agreement.
5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate way for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred losses suffered as a result of other parties gaining delay or failures of our Services. You will not attempt, through any means, to gain unauthorized access to Collected Dataany part of our Services, computer system, and/or network connected to our servers. You shall give all reasonably required assistance will not use our Services in pursuing any such breach manner that could damage, disable, overburden, and/or impair our servers, or infringement.
5.6 The Secretary the network(s) connected to our servers, and/or interfere with any other party’s use and enjoyment of State our Services. You will not use our Services in any way that violates any law, rule, or regulation. You agree to use the Services only for Health shall procure purposes permitted by the Terms, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. You will not resell or otherwise supply our Services and/or your Account to anyone else without our prior written consent. You represent and warrant that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of you are at least 16 years old and have the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access legal capability and capacity to Your Dataenter contracts, including the legal capability and capacity to enter these Terms. If it your account becomes clear that inactive based on no login activity for a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessorone-year period, Artzip may delete and/or inactivate your Account without notice.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying the Database to You and to Data Accessors We shall:
5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreement.
Appears in 1 contract
Samples: Terms and Conditions
Conditions of Use. 5.1 Except User agrees and shall ensure that each Authorized Party agrees as expressly follows: Not to use or further disclose the Dataset or any information contained therein other than as permitted by this Agreement or required by applicable law; To use the Dataset in compliance with all applicable statutes and regulations; To remove or destroy the information that identifies the individual subject at the earliest time at which removal or destruction can be accomplished consistent with the purpose of the permitted use; To use appropriate safeguards to prevent use or disclosure of the Dataset or any information contained therein other than as provided for by this Agreement; To report to Holder any use or disclosure of the Dataset or any part of it not provided for by this Agreement of which User or any Authorized Party becomes aware; Not to use the information contained in the Dataset to identify the individuals whose information is contained in the Dataset, nor to contact them under any circumstances; To obtain approval from the Medical Ethics Committee, as necessary, to use the Dataset; Promptly following the end of the permitted use to return all copies of the Dataset to Holder or destroy them and certify the destruction; or, if User represents and Holder agrees that neither return nor destruction is feasible, to continue to extend the protections of this Agreement to the Dataset. Notwithstanding the above, User may retain one copy of the Dataset for verification purposes only consistent with the obligations and protections agreed to herein; Patient identifying information will not be provided to User. The Dataset may be protected by privacy regulations of a country and/or a Certificate of Confidentiality. User and Holder agree to comply with all applicable statutes, regulations and ethical requirements to protect the identity and privacy of human subjects from whom the data was collected; After termination of this Agreement, the licences granted User and Authorized Parties shall no longer be entitled to You pursuant receive or use information contained in the Dataset; If the User submits a manuscript for publication or otherwise intends to clause 3 of this Agreement are subject disclose experimental results, User will provide Holder with at least thirty (30) days to You complying review such publication or other public disclosure to protect its confidential or proprietary information. Holder may request an additional thirty (and ensuring compliance by Your Users30) days to protect any intellectual property interests. Except with all the conditions set out in this Agreement. You shall ensure that all Users undertake to agree regards to the terms set out protection of its confidential or proprietary information, Holder shall have no further editing privileges; To acknowledge the contribution of Holder in this Agreement.
5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, all written and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database oral disclosures concerning User’s research using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not Dataset, by Yourself or with others participate in any illegalacknowledgment, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with academic standards and customary practices. Before publication User agrees to provide Holder with copies of public material based on the terms use of this Agreement.
5.8 In supplying the Database Dataset. The User agrees to You mention at least two of Holder’s scientists as co-author and to Data Accessors We shall:
5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with acknowledge the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement Holder and the Data Accessor Agreement; and
5.8.4 source of the Material in any publications reporting use Our reasonable endeavours to ensure compliance by of it as is customary in the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreement.scientific community
Appears in 1 contract
Samples: Data Use Agreement
Conditions of Use. 5.1 Except This is a legal agreement ("Agreement") between you ("Licensee") and one or more of the following entities: Xxxxxxxx Home LLC and its website XxxxxxxXxxxxxXxxxxx.xxx (collectively hereinafter referred to as expressly permitted "website", "site" or "we") and website's member whose digital image you are purchasing (collectively hereinafter referred to as "licensor(s)", "copyright holder", "owner" or "website's member"). By accepting any digital images set to be used on the commercial basis you agree to be bound by the terms of this agreement. If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this Agreementagreement. There are low-resolution digital images that are freely displayed on XxxxxxxXxxxxxXxxxxx.xxx in its public area and there are high-resolution images (High Resolution Digital Media) that will be shipped or emailed to you only after the purchase has been made. In case license is purchased on behalf of your employer, licensor(s) grants you and your employer right to use the licences granted Digital Media. Licensee may create a digital library, network configuration, or similar arrangement to You pursuant allow the Digital Media to clause 3 be viewed by employees, partners and clients of this Agreement are subject to You complying (and ensuring compliance by Your Users) with all Licensee only. Licensee may not utilize the conditions set out in this Agreement. You shall ensure that all Users undertake to agree to the terms set out in this Agreement.
5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data Digital Media in any manner that is not expressly authorised by permitted in this Agreement.
5.4 When a User ceases to license agreement. One copy of the Digital Media may be employed by Youmade for backup purposes only, but may be used only if the original Digital Media becomes defective, or is destroyed or otherwise irretrievably lost. Except as specifically provided in this license agreement, no longer under contract to you Digital Media may be shared or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised Usercopied. The Champion User should apply to NICE to create a new security certificate Low-Resolution Digital Media may be used in materials for Non-Commercial, Non-Editorial use and Test or Sample use. The Low-Resolution Digital Media may not be used in any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf final materials distributed inside of the Secretary your company or any materials distributed outside of State for Health if You suspect your company or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegalpublic, deceptive, misleading or unethical practices including, including but not limited to, disparagement of Collected Data advertising and marketing materials or NICE any online, broadcast or other practices which electronic distribution system (except that you may transmit compositions digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be detrimental granted to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to Low-Resolution Digital Media. The High-Resolution Digital Media obtained with FULL COMMERCIAL-USE license may be described used as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying the Database to You and to Data Accessors We shalla part of:
5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreement.
Appears in 1 contract
Samples: Full Commercial Use Royalty Free Stock Photography License Agreement
Conditions of Use. 5.1 Except as expressly permitted under By using this Agreementwebsite, the licences granted to You pursuant to clause 3 of you certify that you have read and reviewed this Agreement are subject to You complying (and ensuring compliance by Your Users) with all the conditions set out in this Agreement. You shall ensure that all Users undertake to you agree to the terms set out in this Agreement.
5.2 Other than in respect of Your Data, You shall comply with its terms. If you do not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases want to be employed bound by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying , you are advised to leave the Database website accordingly. [name] only grants use and access of this website, its products, and its services to those who have accepted its terms. Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices. You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to Data Accessors We shall:
5.8.1 use Our reasonable endeavours this Agreement. [name] assumes no responsibility for liabilities related to ensure age misrepresentation. You agree that We use adequate technological all materials, products, and services provided on this website are the property of [name], its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the [name]’s intellectual property in any way, including electronic, digital, or new trademark registrations. You grant [name] a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement. As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security measures of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly. We reserve all rights to ensure terminate accounts, edit or remove content and cancel orders at our sole discretion. By visiting this website, you agree that Your Data is secure from unauthorised use the laws of the [location], without regard to principles of conflict laws, will govern these terms and conditions, or access any dispute of any sort that might come between [name] and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement you, or its business partners and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreementassociates.
Appears in 1 contract
Samples: Terms and Conditions
Conditions of Use. 5.1 Except as expressly permitted under this AgreementYou are required to follow Our operating rules, the licences granted to You pursuant to clause 3 of this Agreement are subject to You complying (and ensuring compliance by Your Users) with all the conditions set out in this Agreement. You shall ensure that all Users undertake to agree to the terms set out in this Agreement.
5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices includinginclude, but are not limited to, disparagement of Collected Data the following:
a) You must always maintain the Licensed Premises in good, clean and safe condition;
b) You must always maintain all required permits and licenses and observe and comply with all laws, ordinances, rules, regulations and code requirements applicable to the Licensed Premises or NICE Your business, and you must abide by our Operational Guidelines;
c) You must not sell or market any unlawful or counterfeit goods or services, or otherwise infringe or confuse another party’s trademarks, trade dress or other practices which may be detrimental to the Collected Data, NICE or the public interestintellectual property rights;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such d) You must run Your business in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological a professional, first-class and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used tasteful manner in accordance with Our rules and regulations, as well as reputable business standards and practices;
e) You may not keep or display any merchandise in the common area of the Shopping Center or adjacent to or outside of the Licensed Premises or otherwise obstruct these areas;
f) Your employees must wear appropriate professional attire at all times while at the Shopping Center;
g) You may not permit loudspeakers, televisions, phonographs, radios, flashing lights or other devices to be used in a manner so as to be heard or seen outside of the Licensed Premises without our prior written consent;
h) You may not distribute any handbills or other advertising material at the Shopping Center or on automobiles parked in the parking lots serving the Shopping Center;
i) Food or beverage may not be consumed at the Licensed Premises, unless the Licensed Premises is an in-line space, where it is possible to do so in a back room, out of sight of customers. Loitering is not permitted at the Licensed Premises;
j) We are not required to provide You with storage space. If We choose to do so, the terms of this Agreement.that arrangement will be set forth in a separate license agreement;
5.8 In supplying k) You may not change Your Trade Name without Our prior approval; You hereby represent and warrant that You have the Database right to use the Trade Name;
l) All garbage and trash must be stored in an adequate, sanitary, closed container, not visible to the public, within the Licensed Premises or the Shopping Center as directed by Us. You must dispose of such garbage and trash daily, or more frequently if required by the circumstances;
m) Unless otherwise approved in advance by Licensor, all set-ups, breakdowns and re-stockings must be completed either prior to the Shopping Center's opening or after the Shopping Center's closing;
n) No hazardous materials may be brought onto the Licensed Premises or any other part of the Shopping Center;
o) You must always maintain a fully stocked supply of inventory, use a sufficient number of adequately trained personnel for efficient service, and otherwise diligently operate Your business so as to produce maximum Gross Sales;
p) You are responsible for designing, constructing, installing, and maintaining all store signage, including interior and exterior signs, at Your sole expense. All signage must meet Our design criteria, be pre-approved by Us and be professionally made – hand-written signs will not be permitted at any time;
q) You must comply with Our visual merchandising standards and submit a visual merchandising plan for Our approval prior to opening for business. You agree to implement Our reasonable visual merchandising recommendations and to Data Accessors We shall:
5.8.1 use modify Your visual merchandising presentation promptly if requested by Us. You must furnish all display fixtures, the design, size, and quantity of which will be subject to Our reasonable endeavours prior written approval. Display fixtures must be of professional quality, well designed and maintained, and must be aesthetically complementary to ensure that We use adequate technological the surroundings in the Shopping Center. Any unapproved fixtures may be removed by Shopping Center personnel, and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 You must pay for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for cost of removal and storing any Data Accessor who does not comply with the Data Accessor Agreementsuch fixtures.
Appears in 1 contract
Samples: License Agreement
Conditions of Use. 5.1 Except as expressly permitted under By using this Agreementwebsite, the licences granted to You pursuant to clause 3 of you certify that you have read and reviewed this Agreement are subject to You complying (and ensuring compliance by Your Users) with all the conditions set out in this Agreement. You shall ensure that all Users undertake to you agree to the terms set out in this Agreement.
5.2 Other than in respect of Your Data, You shall comply with its terms. If you do not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases want to be employed bound by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying , you are advised to leave the Database website accordingly. SimsView only grants use and access of this Mobile Application, its products, and its services to those who have accepted its terms. Before you continue using our Mobile App, we advise you to read the privacy policy in accordance to the PDPA2012 Statutes (xxxxx://xxx.xxx.xxx.xx/Act/PDPA2012) regarding our user data collection. It will help you better understand our practices. You must be at least 18 (eighteen) years of age before you can use this Mobile App. By using this Mobile App, you warrant that you are at least 18 years of age and you may legally adhere to Data Accessors We shall:
5.8.1 use Our reasonable endeavours this Agreement. SimsView assumes no responsibility for liabilities related to ensure age misrepresentation. You agree that We use adequate technological all materials, products, and services provided on this Mobile App are the property of SimsView, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Simsview’s intellectual property in any way, including electronic, digital, or new trademark registrations. You grant Simsview a royalty-free and non- exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement. As a user of this Mobile App, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security measures of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly. We reserve all rights to ensure that Your Data is secure from unauthorised use terminate accounts, edit or access remove content and are only used cancel orders in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreementour sole discretion.
Appears in 1 contract
Samples: End User License Agreement
Conditions of Use. 5.1 Except 18.1 The Serviced Apartment as expressly described in the booking confirmation is only to be used for the specified and agreed (short) period. If the Customer, or the user designated in advance by the Customer, uses or will use the Serviced Apartment as his (temporary) principle place of residence, so that the rental is no longer subject to VAT, then from the date on which the rental subject to VAT ends the Customer is obliged to pay to Farmehouse-apartments, in addition to the rent, a separate amount in place of the VAT such that Farmehouse-apartments is fully compensated for the VAT that is no longer deductible on the investments and running costs, and all other damage that Farmehouse-apartments may suffer as a consequence of this.
18.2 The Customer must actually and properly use the Serviced apartment (or allow it to be used) - for the entire duration - only in accordance with the stated purpose and in compliance with existing limited rights and with the conditions imposed or to be imposed by government agencies, the fire service and utilities companies on the use of the Serviced Apartment. The Customer or user will
18.3 Without the prior written permission of Farmehouse-apartments, the Customer is not authorized to transfer the use of the Serviced apartment, wholly or in part, to third parties except for the user designated by the Customer at the time of the reservation. Permission granted by or on behalf of Farmehouse-apartments is non-recurrent, and does not apply to other or subsequent cases.
18.4 The Customer is not permitted: - to keep animals in or adjacent to the Serviced Apartment that cause a nuisance; - to discharge combustion gases in any other way than via the flues that are present, or to use air vents for this purpose; - to cultivate cannabis or similar crops in the Serviced Apartment, to possess illicit drugs and/or to trade in them from the Serviced Apartment, or to carry out any other activity that is made punishable under the provisions of the Opium Act. Actions in contravention of this prohibition are of such a serious nature that this justifies the dissolution of the Agreement at the earliest possible date.
18.5 The Customer or user will not cause any hindrance or nuisance to those living nearby, and will ensure that third parties present with him with his approval, as well as their visitors, also do not do so.
18.6 The Customer or user will behave in such a manner and will use and maintain the Serviced Apartment in such a way as befits a good user.
18.7 With a view to allowing the stay in the Serviced Apartment to progress in as pleasant a manner as possible for all parties concerned, the user must adhere to the rules (of conduct) established for the Serviced Apartment as set out in the Internal Regulations. The Customer or user can request the Internal Regulations from the Partner at the time of the check-in. If desired by the customer, the Internal Regulations can be sent to the Customer on request immediately and free of charge. Infringement of the Internal Regulations can lead to removal from the Serviced Apartment without any restitution of the rent or a part thereof.
18.8 This Agreement is a rental agreement that, by its nature, is only of short duration within the meaning of article 7:232 paragraph 2 of the Dutch Civil code. The Customer is explicitly aware that he cannot evoke the legal rent protection provisions.
18.9 The agreement entered into with Farmehouse-apartments ends by operation of law on the date specified and agreed upon in the Agreement, without a prior notice of termination being required for this purpose.
18.10 Following the signature of such an Agreement or (written) booking confirmation of a service offered by Farmehouse-apartments, the Customer is aware of and automatically agrees with the fact that on the agreed date the Serviced Apartment must be delivered and/or returned in the same condition as at the commencement of the Agreement. The condition of the Serviced Apartment at the commencement of the Agreement will be recorded in an inspection report to be drawn up and dated by both parties. If there is a defect at the commencement of the Agreement then this will be stated in the inspection report.
18.11 At the end of the Agreement the Customer will return the Serviced apartment to Farmehouse- apartments, or a third party to be designated by Farmehouse-apartments, in the condition described at the commencement of the Agreement, except for normal wear and tear and ageing. Furthermore, the Serviced Apartment will be returned fully emptied, free of use and rights of use and properly cleaned, and all keys will be returned to Farmehouse-apartments or a third party to be designated by Farmehouse-apartments.
18.12 An amount is payable by the Customer to Farmehouse-apartments for the time needed to carry out the maintenance work with a view to bring the Serviced Apartment into the proper condition, calculated from the date of the end of the Agreement and calculated according to the
18.13 The Customer is not permitted under to alter or add anything to the interior or the appearance of the Serviced Apartment without the prior permission of Farmehouse-apartments. Alterations will be taken to include the creation of holes in floors, ceilings or walls, partly in view of the temporary usage/character of the Serviced Apartment.
18.14 In accordance with the law and with this Agreement, the licences granted Customer is obliged to You pursuant carry out minor repairs on or in the rented property, and Farmehouse-apartments is obliged, at the Customer’s request, to clause 3 rectify the other defects, unless this is impossible or requires expenditure that cannot be reasonably required of this Agreement are subject to You complying (and ensuring compliance by Your Users) with all the conditions set out lessor in this Agreement. You shall ensure that all Users undertake to agree to the terms set out in this Agreementgiven circumstances.
5.2 Other than in respect of Your Data, You shall not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases to be employed by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf 18.15 If one of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying the Database to You and to Data Accessors We shall:
5.8.1 use Our reasonable endeavours to ensure that We use adequate technological and security measures to ensure that Your Data is secure from unauthorised use or access and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with his obligations arising from the Data Accessor Agreement, and this noncompliance justifies termination of the Agreement, then the parties are entitled to terminate the Agreement with immediate effect without any obligation to pay any compensation or damages. The Customer thereby automatically undertakes to deliver, return and empty the Serviced Apartment with immediate effect. In the event of liquidation, of (an application for) suspension of payment or bankruptcy, of attachment - if and insofar as the attachment is not lifted within three months - against one of the parties, of debt rescheduling or of other circumstances which causes the party to no longer has free disposal of his assets, the other party is permitted to cancel, terminate or annul the Agreement or service offered with immediate effect, without any obligation to pay any compensation or damages coming into existence.
18.16 The Customer is responsible for any additional costs (levies, surcharges etc.) that may arise from a registration by the Customer with the Municipal Personal Records Database at the address of the rented property.
Appears in 1 contract
Samples: General Terms and Conditions
Conditions of Use. 5.1 Except as expressly permitted under By using this Agreementwebsite, the licences granted to You pursuant to clause 3 of you certify that you have read and reviewed this Agreement are subject to You complying (and ensuring compliance by Your Users) with all the conditions set out in this Agreement. You shall ensure that all Users undertake to you agree to the terms set out in this Agreement.
5.2 Other than in respect of Your Data, You shall comply with its terms. If you do not (nor may You permit Your Users to) attempt to access, review, download, store, and/or archive the Collected Data from another Data Inputter.
5.3 Except for Users, You must not (nor may You permit others to) use any other Collected Data held on the Database other than Your Data in any manner not expressly authorised by this Agreement.
5.4 When a User ceases want to be employed bound by You, or is no longer under contract to you or is no longer authorised by You to access the Database, You shall ensure that their login identity and security certificate to access the Database is cancelled or changed such that the individual is prevented from accessing the Database using the same login details without being an authorised User. The Champion User should apply to NICE to create a new security certificate for any replacement User taking over the vacant position.
5.5 You shall promptly notify NICE acting as agent on behalf of the Secretary of State for Health if You suspect or become aware of any infringement or breach of the Intellectual Property Rights in Collected Data which might have occurred as a result of other parties gaining access to Collected Data. You shall give all reasonably required assistance in pursuing any such breach or infringement.
5.6 The Secretary of State for Health shall procure that NICE shall promptly notify You if it suspects or becomes aware of any infringement or breach of the Intellectual Property Rights in Your Data which might have occurred as a result of other parties gaining access to Your Data. If it becomes clear that a Data Accessor is not complying with the terms of its agreement the Department of Health through the Oversight & Governance Committee will take action to ensure compliance and in the absence of compliance will restrict or remove access to the Database for any offending Data Accessor.
5.7 You shall in supplying Your Data to the Database:
5.7.1 not at any time conduct Yourself in a manner which would reflect unfavourably on NICE or the Department of Health’s good name and reputation;
5.7.2 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Collected Data or NICE or other practices which may be detrimental to the Collected Data, NICE or the public interest;
5.7.3 not describe Yourself or allow Yourself to be described as an agent of the Department of Health or of NICE or representative or to act as such in any way; and
5.7.4 use Your reasonable endeavours to ensure that You use adequate technological and security measures, including without limitation such reasonable measures as We may recommend from time to time, to ensure that Your Data are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.
5.8 In supplying , you are advised to leave the Database website accordingly. Innovative Business Software, Inc. only grants use and access of this website, its products, and its services to those who have accepted its terms. Before you continue using our website, we advise you to read our privacy policy [xxxxx://xxxxxxxxxx000.xxx/s/privacy-policy] regarding our user data collection. It will help you better understand our practices. You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to Data Accessors We shall:
5.8.1 use Our reasonable endeavours this Agreement. Innovative Business Software, Inc. assumes no responsibility for liabilities related to ensure age misrepresentation. You agree that We use adequate technological all materials, products, and services provided on this website are the property of Innovative Business Software, Inc., its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Innovative Business Software, Inc. intellectual property in any way, including electronic, digital, or new trademark registrations. You grant Innovative Business Software, Inc. a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you update and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement. As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security measures of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly. We reserve all rights to ensure terminates accounts, edit or remove content and cancel order at our sole discretion. By visiting this website, you agree that Your Data is secure from unauthorised use the laws of the United States, without regard to principles of conflict laws, will govern these terms and conditions, or access any dispute of any sort that might come between Innovative Business Software, Inc. and are only used in accordance with the terms of this Agreement; and
5.8.2 only provide access to Your Data to Data Accessors as listed from time to time by the Oversight & Governance Committee; and
5.8.3 only provide Your Data to Data Accessors in accordance with the terms of this Agreement you, or its business partners and the Data Accessor Agreement; and
5.8.4 use Our reasonable endeavours to ensure compliance by the Data Accessors with the Data Accessor Agreement, it being acknowledged that it is not possible under the XXX Xxx 0000 for the Data Accessor Agreement to be a legally binding contract, including to recommend to the Oversight & Governance Committee to remove or deny continuing access to Your Data for any Data Accessor who does not comply with the Data Accessor Agreementassociates.
Appears in 1 contract
Samples: Terms and Conditions