L imitations. Notwithstanding anything to the contrary in this Agreement, Subscriber shall not, alone, through an Authorized User, an Affiliate or a Third Party (or allow an Authorized User, an Affiliate or a Third Party to):
(a) modify the Service or underlying components;
(b) reverse compile, reverse assemble, reverse engineer or otherwise translate all or any portion of the Service or underlying components;
(c) pledge, rent, lease, share, distribute, sell or create derivative works of the Service;
(d) use the Service on a time sharing, service bureau, application service provider (ASP), rental or other similar basis, except (i) when acting under the terms of a separate contractual agreement with Immuta that allows for such usage, or except when either (ii) using the Service as a data brokerage or (iii) when allowing third parties to expose data to the Subscriber for the Subscriber’s internal use;
(e) make copies of the Service or underlying components;
(f) remove, obscure, alter or deface any proprietary notice, label or mark in or on the Service;
(g) distribute any copy of the Service or underlying components to any Third Party;
(h) disclose any results of testing or benchmarking of the Service or underlying components to any Third Party;
(i) deactivate, modify or impair the functioning of any disabling code in the Service or underlying components;
(j) circumvent or disable Immuta’s copyright protection mechanisms or license management mechanisms;
(k) access, manage, modify, delete, login at the operating system, Kubernetes, or container level, destroy, or otherwise interfere or interact with components of the Service provisioned by the Service in the Subscriber’s Cloud Provider account by any mechanism other than a user interface or API that is a documented part of the service;
(l) use the Service in violation of any applicable Law or to support any illegal activity or activity that is threatening, damaging to Immuta’s reputation, infringing, fraudulent, libelous, tortious or in violation of third-party rights;
(m) to build or promote software, services, or other products that are competitive in nature to the Service or Immuta products or to use the Service when building, designing, or otherwise contemplating the creation of services, products, or software that would be competitive to the Service or an Immuta product; (n) or attempt any of the foregoing.
L imitations. Nothing in this Section 12.3 shall preclude recovery of: (i) Liquidated Damages in accordance with the Contract Documents; (ii) third-party claims, Claims, and indemnity requirements of Section 8.2 of these General Conditions; (iii) Claims, damages, costs, or expenses due to violations of Applicable Laws; (iv) Claims, damages, costs, or expenses relating to fraud, gross negligence, or willful misconduct; (v) Claims, damages, costs, or expenses covered by any insurance policy; (vi) Claims, damages, costs, or expenses due to Design-Builder’s refusal to perform in accordance with the Contract Documents; or (vii) breach of any intellectual property or confidentiality obligations.
L imitations. Notwithstanding any Regulations or other similar provisions at law or in equity that would otherwise impose a lesser period of time for claims to be brought by the Parties, the limitations period for all claims pursuant to or arising out of this Lease is to be the greater of ten (10) years from the date that the claim arose or such other longer period of time as may be allowed at law or in equity, irrespective of whether the claimant was aware of the material facts which gave rise to the claim or not.
L imitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement.
L imitations. Notwithstanding the provisions of Section 9.1, Ivanti will have no liability for (a) any infringement claims alleging infringement by third party products or other completed product or any assembly, circuit, combination, method, or process in which any of the Wavelink Products may be used but not covering the Wavelink Products standing alone, (b) any trademark infringements involving any marking or branding not applied by or requested by Ivanti, or involving any marking or branding applied by Ivanti at the request of Reseller, or (c) any modification of the Wavelink Products, or part thereof, (unless such modification was made by Ivanti) where such infringement would not have occurred but for such modifications.
L imitations. No Cloud Bigtable Data Location Setting will apply to Core Cloud Bigtable Customer Data copied by Customer or a Customer End User to another location or used with other Google products and services (including other Services, except to the extent Customer has selected the same Data Location Setting for that other Service).
L imitations. 3.1 The rights granted to Licensee herein do not abrogate or nullify the City's rights and interests in and to City Right-of-Way. Further, the license granted herein is subject to any rights of third parties in the City Right-of-Way and the City makes no warranty regarding Licensee’s right to use said City Right-of-Way except as regards to the rights the City retains therein.
3.2 The license granted herein shall not be construed as a waiver of the requirements of the Naperville Municipal Code, as amended from time to time, including but not limited to the City Zoning Code, subdivision regulations, and building codes.
3.3 The City shall not be liable to Licensee or any third party for any damage to real or personal property or personal injury that may result from or arise out of the construction, repair, maintenance, or use of the Improvements.
3.4 Licensee shall be subject to all the risks and liabilities associated with encroaching on City property, including but not limited to the risk that the City may remove all or a portion of the Improvements without prior notice to Licensee. Licensee shall be solely responsible for the City’s cost to remove the Improvements to gain access to City’s right-of-way for any purpose.
3.5 The City shall not be responsible for any costs incurred by Licensee to repair or replace the Improvements if they are damaged or destroyed by the City, or City’s subcontractors, employees, or agents in accessing or otherwise using City Right-of-Way on which the Improvements are located.
3.6 Licensee accepts the City Right-of-Way AS-IS in its present condition.
L imitations. Koverse will not be responsible in any manner for the infringement remedy under Section 9.2 (Infringement Remedy) for claims arising out of: (a) causes external to the Licensed Software including equipment, third party software, third party content, and third party telecommunications or data lines; (b) Customer's use of the Licensed Software in a manner or on equipment that does not conform to Koverse’s specifications; (c) any defect, infringement or non-conformity not reported by Customer in accordance with this Agreement; (d) any use of the Licensed Software in combination with or as part of any products or equipment of Customer or any third party; (e) any modifications to the Licensed Software made by any party other than Koverse or Customer acting at Koverse’s express direction; or (f) Customer’s breach of this Agreement. Without limiting the generality of the exclusions set forth in this Section 9.3 (Limitations), and except as otherwise provided in this Agreement, Customer will be exclusively responsible for, and Koverse makes no warranty or representation with respect to: (i) determining whether the Licensed Software will achieve the results desired by Customer; (ii) selecting, procuring, installing, operating, and maintaining equipment or third party software required to satisfy Customer’s requirements; (iii) training Customer’s personnel in computer operations, other than such Koverse-provided training as may be expressly set forth in an Order or other written agreement between the parties; or (iv) whether the Licensed Software will at all times be uninterrupted or error-free or secure.
L imitations. No Compute Engine Data Location Setting will apply to Core Compute Engine Customer Data copied by Customer or a Customer End User to another location or used with other Google products and services (including other Services, except to the extent Customer has selected the same Data Location Setting for that other Service).
L imitations. CDT shall obtain Owner’s prior written approval for (i) contracts in excess of ten thousand dollars ($10,000), (ii) contracts in excess of twelve (12) months in duration unless the same can be terminated upon thirty (30) days written notice without cost or fee to Owner, and (iii) contracts with affiliates of CDT.
