Common use of General Restrictions and Requirements Applicable to All Software and All Licensing Models Clause in Contracts

General Restrictions and Requirements Applicable to All Software and All Licensing Models. Except as otherwise expressly permitted under this Agreement, Customer shall not (and shall not authorize or permit Customer Developer(s) or any third party to): (a) use the Software in excess of or beyond the feature set(s), License Term, License Parameters, and/or other restrictions/limitations stated hereunder (or under the relevant Order); (b) download or use the Software on systems which are not owned or under the control of Customer (and/or its Affiliates or Licensed Developers); (c) use the Software in a Cloud Computing Environment; (d) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except and only to the extent any foregoing restriction is prohibited by applicable law; (e) modify any Software delivered in binary code; (f) use the Software in any way that is unlawful, malicious, or in violation in any applicable laws, ordinances, codes, regulations or third-party proprietary or property rights; (g) directly or indirectly export, import, use, transfer or re-export the Software, except in compliance with the applicable laws and regulations of the relevant government authorities; (h) distribute, sell, license or otherwise provide the Software to third parties; (i) use or permit the Software to be used to perform development or other services for third parties, whether on a service bureau, software as a service, time sharing basis or otherwise; (j) release, publish, and/or otherwise make available to any third party the results of any performance or functional evaluation of the Software without the prior written approval of BlackBerry; (k) disable or circumvent any access control or related device, process or procedure established with respect to the Software; (l) alter, cover or remove any proprietary or licensing notices or legends contained on or in the Software; (m) share License Certificates, License Keys or passwords to Developer Web Site with third parties; or (n) allow any competitor of BlackBerry to access or use or evaluate the Software, Software Center, or Developer Web Site for any reason, including in connection with developing competitive products. For the avoidance of doubt, all restrictions specified above with respect to Software apply to all components of the Software. Customer agrees that it is liable and responsible for any action or inaction of Customer Affiliate(s) and Customer Developer(s) which is in violation of the terms of this Agreement, and Customer agrees that any action or inaction by any Customer Affiliate(s) and Customer Developer(s) shall be deemed to be an action or inaction by Customer.

Appears in 3 contracts

Samples: QNX Development License Agreement, QNX Development License Agreement, QNX Development License Agreement

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General Restrictions and Requirements Applicable to All Software and All Licensing Models. With respect to any Software licensed by BlackBerry to Customer under this Agreement the following applies. Except as otherwise expressly permitted under this Agreement, Customer shall not (and shall not authorize or permit Customer Developer(s) or any third party to): (a) use the Software in excess of or beyond the feature set(s), License Term, License Parameters, and/or other restrictions/limitations stated hereunder (or under the relevant Order); (b) download or use the Software on systems which are not owned or under the control of Customer (and/or its Affiliates or Licensed Developers); (c) use the Software in a Cloud Computing Environment; (d) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except and only to the extent any foregoing restriction is prohibited by applicable law; (ed) modify any Software delivered in binary code; (fe) use the Software in any way that is unlawful, malicious, or in violation in any applicable laws, ordinances, codes, regulations or third-party proprietary or property rights; (gf) directly or indirectly export, import, use, transfer or re-export the Software, except in compliance with the applicable laws and regulations of the relevant government authorities; (hg) distribute, sell, license or otherwise provide the Software to third parties; (ih) use or permit the Software to be used to perform development or other services for third parties, whether on a service bureau, software as a service, time sharing basis or otherwise; (ji) release, publish, and/or otherwise make available to any third party the results of any performance or functional evaluation of the Software without the prior written approval of BlackBerry; (kj) disable or circumvent any access control or related device, process or procedure established with respect to the Software; (lk) alter, cover or remove any proprietary or licensing notices or legends contained on or in the Software; (ml) share License Certificates, License Keys or passwords to Developer Web Site with third parties; or (nm) allow any competitor of BlackBerry to access or use or evaluate the Software, Software Center, or Developer Web Site for any reason, including in connection with developing competitive products. For the avoidance of doubt, all restrictions specified above with respect to Software apply to all components of the Software. Customer agrees that it is liable and responsible for any action or inaction of Customer Affiliate(s) Affiliates and Customer Developer(s) which is in violation of the terms of this Agreement, and Customer agrees that any action or inaction by any Customer Affiliate(s) Affiliate and Customer Developer(s) shall be deemed to be an action or inaction by Customer.

Appears in 1 contract

Samples: QNX Development License Agreement

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General Restrictions and Requirements Applicable to All Software and All Licensing Models. Except as otherwise expressly permitted under this Agreement, Customer shall not (and shall not authorize or permit Customer Developer(s) or any third party to): (a) use the Software in excess of or beyond the feature set(s), License Term, License Parameters, and/or other restrictions/limitations stated hereunder (or under the relevant Order); (b) download or use the Software on systems which are not owned or under the control of Customer (and/or its Affiliates or Licensed Developers); (c) use the Software in a Cloud Computing Environment; (d) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except and only to the extent any foregoing restriction is prohibited by applicable law; (e) modify any Software delivered in binary code; (f) use the Software in any way that is unlawful, malicious, or in violation in any applicable laws, ordinances, codes, regulations or third-party proprietary or property rights; (g) directly or indirectly export, import, use, transfer or re-export the Software, except in compliance with the applicable laws and regulations of the relevant government authorities; (h) distribute, sell, license or otherwise provide the Software to third parties; (i) use or permit the Software to be used to perform development or other services for third parties, whether on a service bureau, software as a service, time sharing basis or otherwise; (j) release, publish, and/or otherwise make available to any third party the results of any performance or functional evaluation of the Software without the prior written approval of BlackBerry; (k) disable or circumvent any access control or related device, process or procedure established with respect to the Software; (l) alter, cover or remove any proprietary or licensing notices or legends contained on or in the Software; (m) share License Certificates, License Keys or passwords to Developer Web Site with third parties; or (n) use the Software in connection with developing competitive products or allow any competitor of BlackBerry to access or use or evaluate the Software, Software Center, or Developer Web Site for any reason, including in connection with developing competitive products. For the avoidance of doubt, all restrictions specified above with respect to Software apply to all components of the Software. Customer agrees that it is liable and responsible for any action or inaction of Customer Affiliate(s) and Customer Developer(s) which is in violation of the terms of this Agreement, and Customer agrees that any action or inaction by any Customer Affiliate(s) and Customer Developer(s) shall be deemed to be an action or inaction by Customer.

Appears in 1 contract

Samples: QNX Development License Agreement

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