Common use of Express Restrictions Clause in Contracts

Express Restrictions. a. On-Site Use: Customer may make each Product available for authorized use at the Licensed Site over a computer network to the number of concurrent users or numher of downloads listed in the Order Form for the relevant Product. b. Remote Use: Customer, if granted a remote-use license, defined in the Order Form for the relevant Product, may make such Products available to Customer's Authorized Users who are not at the Licensed Site; provided that such availability is limited to noncommercial academic, educational and research use by the number of concurrent users or number of downloads set forth in the Order Form(s) for the relevant Product(s), and is further subject to the following conditions: i. Authorized Users must access the Products only through the server or network located at the Licensed Site or through the server or network of a third party (e.g. the platform for national licenses at xxx.xxxxxxxxxxxxxxx.xx or a website hosting company hired by Customer) and the server or network, of Customer or a third party (such as access via the platform for national licenses at xxx.xxxxxxxxxxxxxxxx.xx or a website hosting company hired by Customer) must have adequate security to allow access to the remote access account setup by NewsBank only by Authorized Users. (For clarification, this provision is restricting remote access for any sites that are not a licensed under the Agreement. Use while at a License Site in not deemed remote use and does not apply here.) ii. Authorized Users must access the Products only through user authentication prograrns supplied to Customer by NewsBank. c. Without limiting any other restriction on use set forth in this Agreement, the following limitations apply to make sure that all use is for non-commercial academic, educational and research purposes and will not impair NewsBank's ability to market/license its products to other customers or other potential customers: i. Any permitted remote access is limited to use by Authorized Users on the Licensed Sites stated in the Order Form through their personal computers/devices for their own convenience and specifically excludes Authorized Users who access the Products through another school, library, college/university, corporation, business or other potential customer of NewsBank. Customer is specifically prohibited from granting any remote access to any entity including, but not limited to, any school, library, college/university, corporation, business or organization who are not Licensed Sited under this Agreement.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

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Express Restrictions. a. On-Site Use: Customer may make each Product available for authorized use at the Licensed Site over a computer network to the number of concurrent users or numher number of downloads listed in the Order Form for the relevant Product. b. Remote Use: Customer, if granted a remote-use license, defined in the Order Form for the relevant Product, may make such Products available to Customer's Authorized Users who are not at the Licensed Site; provided that such availability is limited to noncommercial personal non-commercial academic, educational and research use by the number of concurrent users or number of downloads set forth in the Order Form(s) for the relevant Product(s), and is further subject to the following conditions: i. Authorized Users must access the Products only through the server or network located at the Licensed Site or through the an off-site hosted proxy server and Customer's server or network of a third party (e.g. the platform for national licenses at xxx.xxxxxxxxxxxxxxx.xx or a website hosting company hired by Customer) and the server or network, of Customer or a third party (such as access via the platform for national licenses at xxx.xxxxxxxxxxxxxxxx.xx or a website hosting company hired by Customer) must have adequate security to allow access to the remote access account setup by NewsBank only by Authorized Users. (For clarification, this provision is restricting remote access for any sites that are not a licensed under the Agreement. Use while at a License Site in not deemed remote use and does not apply here.) ii. Authorized Users must access the Products only through user authentication prograrns programs supplied to Customer by NewsBank. In no event may Remote Access be used to avoid the need for any school, library, or other potential customer from subscribing to a Product. If NewsBank reasonably determines that Remote Access activities hereunder may be impairing NewsBank's ability to make sales of the Product or other NewsBank products to other customers or other potential customers of NewsBank, NewsBank may require such Remote Access activity to be modified or terminated, either entirely or with respect to the Customer's Authorized User(s) whose activity is impairing NewsBank's business. c. Without limiting any other restriction on use set forth in this Agreement, the following limitations apply to make sure that all use is for personal non-commercial academic, educational and research purposes and will not impair NewsBank's ’s ability to market/license its products to other customers or other potential customers: i. Any permitted remote access is limited to use by Authorized Users on the Licensed Sites stated in the Order Form through their personal computers/devices for their own convenience and specifically excludes Authorized Users who access the Products through another school, library, college/university, corporation, business or other potential customer of NewsBank. Customer is specifically prohibited from granting any remote access to any entity including, but not limited to, any school, library, college/university, corporation, business or organization who are organization. ii. Customer shall not Licensed Sited under this Agreementprovide any material from any Product to fulfill an interlibrary loan request from another library or organization.

Appears in 1 contract

Samples: License Agreement

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