Common use of Customer Restrictions Clause in Contracts

Customer Restrictions. Customer shall not (i) modify, copy or create any derivative works based on the Product’s features, functions, integrations, user interfaces, and/or graphics; (ii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make available or grant any rights to the Products, Services or Documentation to any third party, other than to Authorized Users as permitted herein; (iii) adapt, reverse engineer, unlock, disassemble, decompile, or in any way decode any portion of the Product or attempt to access the source code of any Product, except to the extent explicitly permitted by Applicable Law; (iv) access the Service, Documentation or Deliverables in order to build or assist others to build or enhance any competitive product or service, whether or not such competitive products or services are meant for internal use or commercial sale; (v) use the Products or Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (vi) interfere with or disrupt the integrity or performance of any Products or Services; (vii) introduce malicious code in the Products, Services, Hosting Servers, networks, or other computing resources of Uniphore or any other third party or upload any information or data which negatively impacts the Products or Services or otherwise tamper with the security features of the Products or Services; (viii) remove Uniphore’s proprietary rights notices; (ix) publish benchmarks or performance information about the Products and/or Services. Customer agrees that it will use the Products and/or Services strictly in accordance with the terms of this Agreement and Applicable Law and that any breach of this Section 2 shall constitute a material breach of the Agreement. Customer acknowledges that certain components of the Products are owned by Uniphore’s partners and licensed to Uniphore subject to certain licensing terms between Uniphore and such partner; such components are sublicensed to Customer subject to the license terms applicable to such components.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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Customer Restrictions. During the Term and thereafter, Customer shall not, and shall not permit any of its employees, contractors or Users to, directly or indirectly: (a) act as a reseller or distributor of, or a service bureau for, the Services or otherwise use, exploit, make available or encumber any of the Services to, or for the benefit of, any third party other than Customer’s Users; (b) use or demonstrate the Services in any way that is in competition with Covalent; (c) reverse engineer, disassemble or decompile the Covalent Services or attempt to derive the source code or underlying ideas or algorithms of any part of the Covalent Services (except to the limited extent applicable laws specifically prohibit such restriction); (d) remove any notice of proprietary rights from the Services; (e) copy, modify, translate or otherwise create derivative works of any part of the Services; (f) use the Services in a manner that interferes or attempt to interfere with the proper operation of the Services or any activities conducted on the Services, including bypassing or attempting to bypass any privacy settings or measures used to prevent or restrict access to the Services; (g) use manual or automated software, devices, robot, spider, or other processes to “crawl” or “spider” or to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from the Services in an unauthorized manner or reproduce or circumvent the navigational structure or presentation of the Services; (h) use the Services in a manner which interferes with or disrupt its integrity or performance; (i) modifyuse or allow the transmission, copy transfer, export, re-export or create other transfer of any derivative works based on software, technology or information forming a part of the Product’s featuresServices in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction; or (j) use the Services to share or store inappropriate materials, functions, integrations, user interfaces, and/or graphicsincluding (i) materials containing viruses or other harmful or malicious code; (ii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make available or grant any rights to the Products, Services or Documentation to any third party, other than to Authorized Users as permitted herein; unsolicited mail (spam); (iii) adapt, reverse engineer, unlock, disassemble, decompile, or in any way decode any portion of the Product or attempt copyrighted materials to access the source code of any Product, except to the extent explicitly permitted by Applicable Lawwhich Customer does not have sufficient rights; (iv) access the Serviceharassing, Documentation tortious, or Deliverables in order to build defamatory materials; or assist others to build or enhance any competitive product or service, whether or not such competitive products or services are meant for internal use or commercial sale; (v) use the Products or Services to store or transmit infringingother materials prohibited by applicable international, libelousfederal, state, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (vi) interfere with or disrupt the integrity or performance of any Products or Services; (vii) introduce malicious code in the Products, Services, Hosting Servers, networks, or other computing resources of Uniphore or any other third party or upload any information or data which negatively impacts the Products or Services or otherwise tamper with the security features of the Products or Services; (viii) remove Uniphore’s proprietary rights notices; (ix) publish benchmarks or performance information about the Products and/or Services. Customer agrees that it will use the Products and/or Services strictly in accordance with the terms of this Agreement local laws and Applicable Law and that any breach of this Section 2 shall constitute a material breach of the Agreement. Customer acknowledges that certain components of the Products are owned by Uniphore’s partners and licensed to Uniphore subject to certain licensing terms between Uniphore and such partner; such components are sublicensed to Customer subject to the license terms applicable to such componentsregulations.

Appears in 2 contracts

Samples: Covalent Terms and Conditions, Covalent Terms and Conditions

Customer Restrictions. 4.1. Customer shall not, shall not attempt to, or permit any third party (iincluding any Authorized User) modify, to: (a) access or use the Cloud Service and/or Documentation in any manner except as expressly permitted in this Agreement; (b) copy or create any derivative works based on of the Product’s featuresCloud Service and/or Documentation, functions, integrations, user interfaces, and/or graphics; (ii) license, sublicenseor transfer, sell, resell, rent, lease, transferlend, distribute, resell, sublicense, market, assign, distributepublish, time sharedownload, offer in a service bureau, disclose or otherwise make available or grant any rights to part of the Products, Services or Cloud Service (including Cloud Service Credits) and/or Documentation to any third party; (c) circumvent, other than interfere with or endanger the operation or security of the Cloud Service and/or Documentation, including any measures designed to Authorized Users monitor or prevent use of the Cloud Service in contravention of this Agreement; (d) conduct penetration or performance tests of the Cloud Service; (e) access or use the Cloud Service to provide services to third parties (such as permitted herein; for time-sharing services, service bureau services or as part of an application services provider or as a service offering primarily designed to offer the functionality of the Cloud Service); (iiif) access or use the Cloud Service and/or Documentation for the purposes of benchmarking or competitive analysis of the Cloud Service, or developing, using, providing, or supporting products or services competitive to Couchbase; (g) alter, modify, adapt, translate, enhance, reverse engineer, unlock, disassemble, decompiledecompile or prepare any derivative work from or of the Cloud Service or Documentation, or in any way decode any portion of the Product otherwise derive or determine or attempt to access derive or determine the source code of or other proprietary information or trade secrets from the Cloud Service or Documentation; (h) remove, delete, efface, obscure or otherwise alter any ProductCouchbase proprietary notices, except trademarks, warranties or disclaimers in or relating to the extent explicitly permitted by Applicable Law; Cloud Service or Documentation; (ivi) access the Service, Documentation or Deliverables in order to build or assist others to build or enhance any competitive product or service, whether or not such competitive products or services are meant for internal use or commercial sale; (v) use the Products Cloud Service or Services to store Documentation in any manner or transmit infringingfor any purpose that infringes, libelousmisappropriates, or otherwise unlawful violates any intellectual property rights or tortious materialother rights of any person or entity, or to store that violates any applicable law, including the disclosure or transmit material in violation transmission of third-party privacy rights; (vi) interfere with content or disrupt the integrity or performance of any Products or Services; (vii) introduce malicious code data contained in the Products, Services, Hosting Servers, networks, Cloud Service or other computing resources of Uniphore Documentation in such a manner or any other third party or upload any information or data which negatively impacts the Products or Services for such a purpose; or (j) revoke or otherwise tamper with the security features of the Products or Services; (viii) remove Uniphorelimit Couchbase’s proprietary rights notices; (ix) publish benchmarks or performance information about the Products and/or Services. Customer agrees that it will use the Products and/or Services strictly in accordance with the terms of this Agreement and Applicable Law and that any breach of this Section 2 shall constitute a material breach of the Agreement. Customer acknowledges that certain components of the Products are owned by Uniphore’s partners and licensed to Uniphore subject to certain licensing terms between Uniphore and such partner; such components are sublicensed to Customer subject access to the license terms applicable Customers Cloud Environment (including any Cluster(s)) or do anything else to such componentslimit Couchbase’s ability to monitor Customer’s Cluster(s) or otherwise provide the Cloud Service.

Appears in 1 contract

Samples: Cloud Service Subscription Agreement

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Customer Restrictions. The Customer shall not will not: (ia) modifymake the FRY Service or Content available to anyone other than Customer, copy Affiliates or create any derivative works based on Users, or use the Product’s features, functions, integrations, user interfaces, and/or graphicsFRY Service or Content for the benefit of anyone other than Customer or its Affiliates unless expressly stated otherwise in an Order Form; unless permitted by applicable law; (iib) directly or indirectly reverse engineer, decompile, disassemble the FRY Services, FRY Software or any other software, documentation or data related to access and use of the FRY Services; (c) sell, resell, license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time sharemake available, offer rent or lease any FRY Service, or include any FRY Service in a service bureau, bureau or otherwise make available or grant any rights to the Products, Services or Documentation to any third party, other than to Authorized Users as permitted hereinoutsourcing offering; (iii) adapt, reverse engineer, unlock, disassemble, decompile, or in any way decode any portion of the Product or attempt to access the source code of any Product, except to the extent explicitly permitted by Applicable Law; (iv) access the Service, Documentation or Deliverables in order to build or assist others to build or enhance any competitive product or service, whether or not such competitive products or services are meant for internal use or commercial sale; (vd) use the Products FRY Services or Services Non- FRY Applications to store or transmit infringing, libelouslibellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-any third party privacy rights; (vie) use the FRY Services or Non- FRY Applications to store or transmit any Malware; (f) interfere with or disrupt the integrity or performance of any Products FRY Services or Servicesthird party data contained therein; (viig) introduce malicious code in attempt to gain any unauthorised access to the ProductsFRY Services or its related systems and/or networks; (h) modify, Services, Hosting Servers, networkstranslate, or other computing resources of Uniphore create derivative works based on the FRY Services or any other third party FRY Software (except to the extent expressly permitted by FRY in an Order Form); (i) remove any proprietary notices or upload labels. With respect to any information FRY Software that is distributed or data which negatively impacts provided to the Products Customer for use on the Customer premises or Services or otherwise tamper devices, FRY hereby grants the Customer a non-exclusive, non-transferable, non-sublicensable license to use such FRY Software only in connection with the security features of the Products or Services; (viii) remove Uniphore’s proprietary rights notices; (ix) publish benchmarks or performance information about the Products and/or Services. Customer agrees that it will use the Products and/or FRY Services strictly in accordance with the terms of and this Agreement and Applicable Law and that any breach of this Section 2 shall constitute a material breach of the Agreement. Customer acknowledges that certain components of the Products are owned by Uniphore’s partners and licensed to Uniphore subject to certain licensing terms between Uniphore and such partner; such components are sublicensed to Customer subject to the license terms applicable to such components.

Appears in 1 contract

Samples: Master Services Agreement

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