Customer Rights and Responsibilities. 2.1 Subject to the restrictions set out in clause 2.2 and the other terms and conditions of this Agreement, from the Trial Start Date the Service Provider grants to the Customer a non- exclusive, non-transferable right to permit the Users to Use the Apps, Service, Content and the Documentation during the Term to: 2.1.1 download, install and use the Apps on Devices subject to this Evaluation Trial Agreement; 2.1.2 receive and use any free supplementary software code or update of the Apps incorporating “patches” and corrections of errors as may be provided by the Service Provider from time to time; 2.1.3 access the Service; 2.1.4 download, view and use the Documentation; and 2.1.5 copy, modify, and use the Content (excluding Third Party Content) either alone or in combination with User Content, in each case solely for the Purpose. 2.2 In relation to the Users, the Customer undertakes that: 2.2.1 the maximum number of Users that it authorises to access and Use the Apps, Service, Content and the Documentation shall not generally exceed the number of Users set out in the Lt Trial Form; 2.2.2 each User shall keep a secure password for the User's Use of the Apps, Service, Content and Documentation and shall keep such password confidential; and 2.2.3 it shall ensure no Users under the age of 13 years access the Apps or Service. 2.3 Without limiting the above in any way, the Customer (and the Customer shall procure that the User) must not: 2.3.1 use the Apps or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or any Terms of Service, or act fraudulently or maliciously, for example, by using another User's account, or by hacking into or inserting Viruses into the Apps, any Service or any operating system; 2.3.2 infringe the Service Provider's Intellectual Property Rights or those of any relevant licensor or any third party in relation to its use of the Apps or any Service; 2.3.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to its use of the Apps or any Service; 2.3.4 use the Apps or any Service in a way that could damage, disable, overburden, impair or compromise the Service Provider's systems or security or interfere with other users; 2.3.5 collect or harvest any information or data from any Service or Service Provider's systems, except for User Content or Content which the User has obtained written permission from the relevant party to use; 2.3.6 attempt to decipher any transmissions to or from the servers running any Service; or 2.3.7 perform any security testing of the Apps or Service or the Service's hosting platform either manually or utilising any automated system. 2.4 Except as expressly set out in this Agreement or as permitted by any local Laws, the Customer (and the Customer shall procure that the User) agrees not to: 2.4.1 copy the Apps, Service, Content or Documentation except for the purposes of downloading the Apps or Documentation onto a Device and then subsequently copying those Apps or Documentation onto other Devices. For the avoidance of doubt this shall not allow the User to copy any of the code within the Apps or Service nor any of the text or concepts in the Documentation; 2.4.2 use the Apps, Service, Content or Documentation to provide services to third parties other than for the purpose of providing non-profit, non-commercial, educational, or educational research services; 2.4.3 rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit the Apps, Service or Documentation or otherwise make them available in whole or in part to any third party except for the purposes specified in clause 2.4.1; 2.4.4 make alterations to, or modifications of, the whole or any part of the Apps or Service or Documentation, or permit the Apps or Service or Documentation or any part of these to be combined with, or become incorporated in, any other programs; or 2.4.5 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Apps or Service or attempt to do any such thing. 2.5 The Customer acknowledges and agrees that if it copies, modifies, or Uses the Content (excluding Third Party Content) either alone or in combination with User Content in accordance with clause 2.1.5 above, such Content and combined content (including any Derivative Works) may only be used within the Service, or within any other service provided by the Service Provider from time-to-time in accordance with the Purpose. 2.6 Notwithstanding clause 2.1.5 above, the Customer may copy, modify, and use Third Party Content, either alone or in combination with User Content, for non-profit, non-commercial, educational, or educational research purposes, only where the Service Provider has obtained relevant permission from the owner of such Third Party Content and the Service Provider has confirmed to the Customer in writing that such permission has been obtained. 2.7 The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or Use of, the Apps, Service, or Documentation and, in the event of any such unauthorised access or Use, promptly notify the Service Provider.
Appears in 4 contracts
Samples: Trial Agreement, Lt Trial Agreement, Lt Trial Agreement
Customer Rights and Responsibilities. 2.1 Subject to the restrictions set out in clause 2.2 and the other terms and conditions of this Agreement, from the Trial Start Date the Service Provider grants to the Customer a non- non-exclusive, non-transferable right to permit the Users to Use the Apps, Service, Content and the Documentation during the Term to:
2.1.1 download, install and use the Apps on Devices subject to this Evaluation Lt Trial Agreement;
2.1.2 receive and use any free supplementary software code or update of the Apps incorporating “patches” and corrections of errors as may be provided by the Service Provider from time to time;
2.1.3 access the Service;
2.1.4 download, view and use the Documentation; and
2.1.5 copy, modify, and use the Content (excluding Third Party Content) either alone or in combination with User Content, in each case solely for the Purpose.
2.2 In relation to the Users, the Customer undertakes that:
2.2.1 the maximum number of Users that it authorises to access and Use the Apps, Service, Content and the Documentation shall not generally exceed the number of Users set out in the Lt Trial Order Form;
2.2.2 each User shall keep a secure password for the User's ’s Use of the Apps, Service, Content and Documentation and shall keep such password confidential; and
2.2.3 it shall ensure no Users under the age of 13 years access the Apps or Service.
2.3 Without limiting the above in any way, the Customer (and the Customer shall procure that the User) must not:
2.3.1 use the Apps or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or any Terms of Service, or act fraudulently or maliciously, for example, by using another User's ’s account, or by hacking into or inserting Viruses into the Apps, any Service or any operating system;
2.3.2 infringe the Service Provider's ’s Intellectual Property Rights or those of any relevant licensor or any third party in relation to its use of the Apps or any Service;
2.3.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to its use of the Apps or any Service;
2.3.4 use the Apps or any Service in a way that could damage, disable, overburden, impair or compromise the Service Provider's ’s systems or security or interfere with other users;
2.3.5 collect or harvest any information or data from any Service or Service Provider's ’s systems, except for User Content or Content which the User has obtained written permission from the relevant party to use;
2.3.6 attempt to decipher any transmissions to or from the servers running any Service; or
2.3.7 perform any security testing of the Apps or Service or the Service's ’s hosting platform either manually or utilising any automated system.
2.4 Except as expressly set out in this Agreement or as permitted by any local Laws, the Customer (and the Customer shall procure that the User) agrees not to:
2.4.1 copy the Apps, Service, Content or Documentation except for the purposes of downloading the Apps or Documentation onto a Device and then subsequently copying those Apps or Documentation onto other Devices. For the avoidance of doubt this shall not allow the User to copy any of the code within the Apps or Service nor any of the text or concepts in the Documentation;
2.4.2 use the Apps, Service, Content or Documentation to provide services to third parties other than for the purpose of providing non-profit, non-commercial, educational, or educational research services;
2.4.3 rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit the Apps, Service or Documentation or otherwise make them available in whole or in part to any third party except for the purposes specified in clause 2.4.1;
2.4.4 make alterations to, or modifications of, the whole or any part of the Apps or Service or Documentation, or permit the Apps or Service or Documentation or any part of these to be combined with, or become incorporated in, any other programs; or
2.4.5 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Apps or Service or attempt to do any such thing.
2.5 The Customer acknowledges and agrees that if it copies, modifies, modifies or Uses the Content (excluding Third Party Content) either alone or in combination with User Content in accordance with clause 2.1.5 above, such Content and combined content (including any Derivative Works) may only be used within the Service, or within any other service provided by the Service Provider from time-to-time in accordance with the Purpose.
2.6 Notwithstanding clause 2.1.5 above, the Customer may copy, modify, and use Third Party Content, either alone or in combination with User Content, for non-profit, non-commercial, educational, or educational research purposes, only where the Service Provider has obtained relevant permission from the owner of such Third Party Content and the Service Provider has confirmed to the Customer in writing that such permission has been obtained.
2.7 The Customer shall use all reasonable endeavours efforts to prevent any unauthorised access to, or Use of, the Apps, Service, or Documentation and, in the event of any such unauthorised access or Use, promptly notify the Service Provider.
Appears in 1 contract
Samples: Lt Trial Agreement
Customer Rights and Responsibilities. 2.1 Subject to the restrictions set out in clause 2.2 and the other terms and conditions of this Agreement, from the Trial Start Date the Service Provider grants to the Customer a non- non-exclusive, non-transferable right to permit the Users to Use the Apps, Service, Content and the Documentation during the Term to:
2.1.1 download, install and use the Apps on Devices subject to this Evaluation Lt Trial Agreement;
2.1.2 receive and use any free supplementary software code or update of the Apps incorporating “patches” and corrections of errors as may be provided by the Service Provider from time to time;
2.1.3 access the Service;
2.1.4 download, view and use the Documentation; and
2.1.5 copy, modify, and use the Content (excluding Third Party Content) either alone or in combination with User Content, in each case solely for the Purpose.
2.2 In relation to the Users, the Customer undertakes that:
2.2.1 the maximum number of Users that it authorises to access and Use the Apps, Service, Content and the Documentation shall not generally exceed the number of Users set out in the Lt Trial Form;
2.2.2 each User shall keep a secure password for the User's ’s Use of the Apps, Service, Content and Documentation and shall keep such password confidential; and
2.2.3 it shall ensure no Users under the age of 13 years access the Apps or Service.
2.3 Without limiting the above in any way, the Customer (and the Customer shall procure that the User) must not:
2.3.1 use the Apps or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or any Terms of Service, or act fraudulently or maliciously, for example, by using another User's ’s account, or by hacking into or inserting Viruses into the Apps, any Service or any operating system;
2.3.2 infringe the Service Provider's ’s Intellectual Property Rights or those of any relevant licensor or any third party in relation to its use of the Apps or any Service;
2.3.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to its use of the Apps or any Service;
2.3.4 use the Apps or any Service in a way that could damage, disable, overburden, impair or compromise the Service Provider's ’s systems or security or interfere with other users;
2.3.5 collect or harvest any information or data from any Service or Service Provider's ’s systems, except for User Content or Content which the User has obtained written permission from the relevant party to use;
2.3.6 attempt to decipher any transmissions to or from the servers running any Service; or
2.3.7 perform any security testing of the Apps or Service or the Service's ’s hosting platform either manually or utilising any automated system.
2.4 Except as expressly set out in this Agreement or as permitted by any local Laws, the Customer (and the Customer shall procure that the User) agrees not to:
2.4.1 copy the Apps, Service, Content or Documentation except for the purposes of downloading the Apps or Documentation onto a Device and then subsequently copying those Apps or Documentation onto other Devices. For the avoidance of doubt this shall not allow the User to copy any of the code within the Apps or Service nor any of the text or concepts in the Documentation;
2.4.2 use the Apps, Service, Content or Documentation to provide services to third parties other than for the purpose of providing non-profit, non-non- commercial, educational, or educational research services;
2.4.3 rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit the Apps, Service or Documentation or otherwise make them available in whole or in part to any third party except for the purposes specified in clause 2.4.1;
2.4.4 make alterations to, or modifications of, the whole or any part of the Apps or Service or Documentation, or permit the Apps or Service or Documentation or any part of these to be combined with, or become incorporated in, any other programs; or
2.4.5 disassemble, decompile, reverse-reverse- engineer or create derivative works based on the whole or any part of the Apps or Service or attempt to do any such thing.
2.5 The Customer acknowledges and agrees that if it copies, modifies, modifies or Uses the Content (excluding Third Party Content) either alone or in combination with User Content in accordance with clause 2.1.5 above, such Content and combined content (including any Derivative Works) may only be used within the Service, or within any other service provided by the Service Provider from time-to-time in accordance with the Purpose.
2.6 Notwithstanding clause 2.1.5 above, the Customer may copy, modify, and use Third Party Content, either alone or in combination with User Content, for non-profit, non-non- commercial, educational, or educational research purposes, only where the Service Provider has obtained relevant permission from the owner of such Third Party Content and the Service Provider has confirmed to the Customer in writing that such permission has been obtained.
2.7 The Customer shall use all reasonable endeavours efforts to prevent any unauthorised access to, or Use of, the Apps, Service, or Documentation and, in the event of any such unauthorised access or Use, promptly notify the Service Provider.
Appears in 1 contract
Samples: Lt Trial Agreement