Common use of CUSTOMER’S UNDERTAKINGS Clause in Contracts

CUSTOMER’S UNDERTAKINGS. 3.1 The Customer undertakes not to perform and to procure that no Registered User or Authorised User performs any of the acts referred to in this clause 3 except to the extent permitted by overriding statutory requirements and the terms of the Agreement. 3.2 The Customer undertakes not to, and to ensure no Registered User or Authorised User shall: 3.2.1 copy the Software nor otherwise reproduce the same; 3.2.2 translate, adapt, vary, or modify the Software; 3.2.3 disassemble, decompile or reverse engineer the Software. 3.3 In addition, the Customer undertakes: 3.3.1 to supervise and control Use of the Software in accordance with the terms of this Agreement and any conduct policy relating to Use of the Software as notified to the Customer by STARVISION from time to time and to ensure that all Registered Users and Authorised Users comply with the terms of such policy and of this Agreement so far as applicable to them; and 3.3.2 not to provide or otherwise make available the Software in whole or in part (including but not limited to object and source program listings, object code and source code), in any form to any person other than STARVISION‟s employees without prior written consent from STARVISION. 3.4 The Customer is responsible for maintaining its own internet access and all necessary telecommunications equipment, software and other materials in order to be able to Use the Software. 3.5 The Customer shall document and promptly report all errors or malfunctions in Use of the Software to StarVision. 3.6 StarVision reserves the right to terminate or suspend the Customer‟s or any of its Registered User‟s or Authorised User‟s Use of the Software immediately if the Software or its servers is compromised, cracked or hacked or used inappropriately by any person in any way: 3.6.1 in a distributed denial of service attack; 3.6.2 to probe parts of other servers for vulnerability; 3.6.3 for any illegal activity; 3.6.4 to cause network disruption.