DMAS Requirements and License Restrictions. Except as otherwise provided in this Contract or as provided by law: i). DMAS will use commercially reasonable efforts to ensure that Application Users comply with all of the terms and conditions hereof; ii). DMAS shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the software comprising or in any way making up a part of the Application; iii). DMAS shall not directly or indirectly copy or reproduce all or any part of the Application, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without prior written permission from Supplier; provided, however, DMAS may reproduce and distribute any Application output generated from the relevant DMAS Content, and an Application User may reproduce and distribute any Application output generated pursuant to the permissions set forth in DMAS’ order or SOW; iv). DMAS shall not rent, lease, sublicense, resell for profit, loan, distribute, network or modify the Application or Supplier Product or any component thereof, provided as part of the Licensed Services, except as otherwise authorized by Supplier. However, DMAS may reproduce and distribute any Application output (e.g., reports) generated by DMAS using the Application, and an Application User may reproduce and distribute any reports or output generated by the Application User using the Application and pursuant to the permissions in DMAS’ order or SOW; v). DMAS shall only use the Application and Supplier Product in the normal course of business, in connection with, and as part of, the Licensed Services; vi). DMAS shall not attempt to gain unauthorized access to the Application or Licensed Services, other user accounts, computer systems or networks connected to the Licensed Services; vii). DMAS shall not remove, obscure or alter Supplier’s proprietary notices, disclaimers, trademarks, or other proprietary rights notices of any kind affixed or contained in the Application or Licensed Services or any written or electronic report, output or result generated in connection with the Licensed Services; viii). DMAS shall take reasonable care not to, and shall not intentionally or knowingly, use the Application to post, transmit, distribute, store or destroy any information: (i) in violation of any applicable law, statute, ordinance or regulation; (ii) in a manner that shall infringe the intellectual property rights of others; (iii) that is defamatory or trade libelous, or (iv) that contains any Computer Viruses; ix). DMAS shall not use the Application or Licensed Services for any illegal, obscene, offensive or immoral purpose.
Appears in 2 contracts
Samples: External Quality Review Organization Services/Solution and Cloud Services Contract, Enrollment Broker Services/Solution and Cloud Services Contract
DMAS Requirements and License Restrictions. Except as otherwise provided in this Contract or as provided by law:
i). DMAS will use commercially reasonable efforts to ensure that Application Users comply with all of the terms and conditions hereof;
ii). DMAS shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the software comprising or in any way making up a part of the Application;
iii). DMAS shall not directly or indirectly copy or reproduce all or any part of the Application, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without prior written permission from Supplier; provided, however, DMAS may reproduce and distribute any Application output generated from the relevant DMAS Content, and an Application User may reproduce and distribute any Application output generated pursuant to the permissions set forth in DMAS’ order or SOWthe Contract documents;
iv). DMAS shall not rent, lease, sublicense, resell for profit, loan, distribute, network or modify the Application or Supplier Product or any component thereof, provided as part of the Licensed Services, except as otherwise authorized by Supplier. However, DMAS may reproduce and distribute any Application output (e.g., reports) generated by DMAS using the Application, and an Application User may reproduce and distribute any reports or output generated by the Application User using the Application and pursuant to the permissions in DMAS’ order or SOWthe Contract documents;
v). DMAS shall only use the Application and Supplier Product in the normal course of business, in connection with, and as part of, the Licensed Services;
vi). DMAS shall not attempt to gain unauthorized access to the Application or Licensed Services, other user accounts, computer systems or networks connected to the Licensed Services;
vii). DMAS shall not remove, obscure or alter Supplier’s proprietary notices, disclaimers, trademarks, or other proprietary rights notices of any kind affixed or contained in the Application or Licensed Services or any written or electronic report, output or result generated in connection with the Licensed Services;
viii). DMAS shall take reasonable care not to, and shall not intentionally or knowingly, use the Application to post, transmit, distribute, store or destroy any information: (i) in violation of any applicable law, statute, ordinance or regulation; (ii) in a manner that shall infringe the intellectual property rights of others; (iii) that is defamatory or trade libelous, or (iv) that contains any Computer Viruses;
ix). DMAS shall not use the Application or Licensed Services for any illegal, obscene, offensive or immoral purpose.
Appears in 2 contracts
Samples: Interoperability & Patient Access Solution Contract, Interoperability & Patient Access Solution Contract