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Common use of License Restrictions Clause in Contracts

License Restrictions. You agree that You will not (nor allow third parties to): (i) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to You in object code form; (ii) sell, distribute, rent, loan or lease the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ix) disclose the results of any benchmarking or other competitive analysis relating to the Licensed Software without the prior written permission from NVIDIA; or (x) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX shall be construed to give You a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

License Restrictions. You agree that You you will not (nor allow authorize third parties to): (i) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software software provided to You you in object code form; (ii) sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internetparties; (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws laws, rules or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone productregulations; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ixviii) disclose the results of any benchmarking or other competitive analysis relating to use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application ("Critical Applications"), unless the prior written permission from NVIDIAparties have entered into a Critical Applications agreement; or (xix) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source Excluded License. "Excluded License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution that software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making modifications; or (c) be redistributable at no charge. Nothing in this XXXX SLA shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney's fees and costs incident to establishing the right of indemnification) arising out of or related to you and your or your permitted users use of Licensed Software outside of the scope of this SLA or any other breach of the terms of this SLA.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

License Restrictions. You Except as expressly authorized in this XXXX, you agree that You you will not (nor allow third parties to): (i) copy and use Software outside of the authorized software as a service solution; (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to You you in object code form; (iiiii) sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iiiiv) modify, translate or otherwise create any derivative works of any of the Licensed Software; (ivv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vvi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws laws, rules or regulations administered by the United States governmentregulations; (vivii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viiviii) sellbypass, transferdisable, sublicense circumvent or assign remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software to together with any third partyauthorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (viiiix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ixx) disclose use the results Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any benchmarking nuclear, avionics, navigation, military, medical, life support or other competitive analysis relating life critical application (“Critical Applications”), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software without under or by reference to the prior written permission from same name as used by NVIDIA; or (xxii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of the AGREEMENT or any other breach of the terms of this XXXX.

Appears in 3 contracts

Samples: End User License Agreement, Nvidia License Agreement for Grid, Cloud End User License Agreement

License Restrictions. Except as expressly authorized above in relation to the MDL Materials, You agree that You will not (nor allow third parties to): (i) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to You in object code form; (ii) sell, distribute, rent, loan loan, lease, sub-license or lease otherwise make available the Licensed Software or provide the Licensed Software or to third parties; (iii) make its functionality available to third parties (a) as an application services provider or service bureau, ; (b) by operating hosted/virtual system environments, ; (c) by hosting, time sharing or providing any other type of services, ; or (d) otherwise by means of the internet; internet (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ix) disclose the results of utilize any benchmarking equipment, device, software, or other competitive analysis relating means designed to circumvent or remove any form of copy protection used by NVIDIA in connection with the Licensed Software, or use the Licensed Software without the prior written permission from NVIDIAtogether with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; or (x) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License; or (xi) distribute any modified MDL definition supplied to You under or by reference to the same name as used by NVIDIA. Nothing in this XXXX shall be construed to give You a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

License Restrictions. You agree that You will shall not, directly or indirectly: (a) use (including make any copies of) the Service beyond the scope of the license granted under Section 2; (b) use the Service in connection with an IoT Device which you have sold or otherwise transferred or you have no right to control; (c) except as expressly enabled within the Service, provide any Third Party with access to or use of the Service; (d) modify, translate, adapt or otherwise create derivative works, improvements or other modifications, whether or not patentable or copyrightable, of the Service or any part thereof; (nor allow third parties to): (ie) reverse engineer, disassemble, decompile, disassemble decode or otherwise attempt to derive or gain access to the source code of the Service or any part thereof; (f) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice provided on or with the Service, including any copy thereof; (g) copy the Service, in whole or in part; (h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service, or any features or functionality of the Service, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service; (i) use the Service in violation of any national, state, provincial and local Laws, rules, regulations, directives, statutes, orders, judgments, decrees, rulings, and enforceable regulatory guidance (“Law”) applicable to Your use; (j) use the Service for purposes of competitive analysis of the Service, the development of a competing website or app, product or service, or any other purpose that is to Pentair’s commercial disadvantage; (k) use the Service in connection with any sale, licensing or making available of Pentair’s competitor’s products, any copycat products or products which Pentair believes, in its sole opinion, infringe, misappropriate or violate Pentair’s intellectual property rights; (l) allow any content, images, information or any other part of the Service to be made available on any other platform, whether in print or electronic form, to any Third Party, except to the extent applicable laws that the Service’s functionality specifically requires that such activities be permittedallows this action; or (m) use any robot, spider, site search/retrieval application or attempt other manual or automatic device to derive the source coderetrieve, underlying ideasindex, algorithm “scrape,” “data mine” or structure of Software provided to You in object code form; (ii) sell, distribute, rent, loan or lease the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of servicesotherwise gather Service content, or (d) otherwise by means reproduce or circumvent the navigational structure or presentation of the internet; (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ix) disclose the results of any benchmarking or other competitive analysis relating to the Licensed Software Service without the Pentair’s express prior written permission from NVIDIA; or (x) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX shall be construed to give You a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpretedconsent.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

License Restrictions. You agree that You will shall not (nor and shall not allow any third parties party to): (ia) reverse engineer, decompile, disassemble (except to disassemble, or otherwise reverse engineer the extent applicable laws specifically requires that such activities be permitted) Software or Media Elements or attempt to derive the reconstruct or discover any source code, underlying ideas, algorithm algorithms, file formats or structure programming interfaces of the Software provided or Media Elements by any means whatsoever (except and only to You in object code formthe extent that applicable law prohibits or restricts reverse engineering restrictions); (iib) distribute, sell, distributesublicense, rent, loan lease or lease use the Licensed Software Software, Media Elements or provide the Licensed Software Sample Code (or make its functionality available to third parties (aany portion thereof) as an application services for time sharing, hosting, service provider or service bureaulike purposes, (b) by operating hosted/virtual system environments, except as expressly permitted under this Agreement; (c) by hostingremove any product identification, time sharing proprietary, copyright or providing any other type of servicesnotices contained in the Software, Media Elements or Sample Code; (d) otherwise by means modify any part of the internetSoftware, Media Elements or Sample Code, create a derivative work of any part of the Software, Media Elements, or Sample Code, or incorporate the Software, Media Elements or Sample Code into or with other software, except to the extent expressly authorized in writing by Tableau; (iiie) modifypublicly disseminate performance information or analysis (including, translate without limitation, benchmarks) from any source relating to the Software, Media Elements or otherwise create any derivative works of any of the Licensed SoftwareSample Code; (ivf) removeutilize any equipment, alterdevice, cover software, or obscure other means designed to circumvent or remove any proprietary notice that appears on form of Product Key or copy protection used by Tableau in connection with the Licensed Software, or use the Software together with any authorization code, Product Key, serial number, or any copies thereofother copy protection device not supplied by Tableau or through an Authorized Partner; (vg) use the Licensed Software, or allow its use, transfer, transmission or export in violation of Software to develop a product which is competitive with any export control laws or regulations administered by the United States governmentTableau product offerings; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viiih) use the Licensed Software for to develop a product that converts any Tableau file format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the purpose property of developing competing products or technologies or assisting a third party in such activities; (ix) disclose the results of any benchmarking or other competitive analysis relating to the Licensed Software without the prior written permission from NVIDIATableau; or (xi) use the Licensed Software unauthorized Product Keys or keycode(s) or distribute or publish keycode(s) except as may be expressly permitted by Tableau in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX shall be construed to give You a right to use, writing or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpretedrequired by law.

Appears in 2 contracts

Samples: End User License Agreement, Quantity Purchase Agreement

License Restrictions. You Except as expressly authorized in this Agreement, you agree that You you will not (nor allow authorize third parties to): (i) copy and use software that was licensed to you for use in one or more devices in other unlicensed devices (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software software provided to You you in object code form; (iiiii) sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or or (d) otherwise by means of the internet; (iiiiv) modify, translate or otherwise create any derivative works of any of the Licensed Software; (ivv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vvi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws laws, rules or regulations administered by the United States government; regulations; (vivii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viiviii) sellbypass, transferdisable, sublicense circumvent or assign remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software to together with any third partyauthorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (viiiix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ixx) disclose use the results Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any benchmarking nuclear, avionics, navigation, military, medical, life support or other competitive analysis relating life critical application (“Critical Applications”), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software without under or by reference to the prior written permission from same name as used by NVIDIA; or (xxii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX Agreement shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of this Agreement or any other breach of the terms of this Agreement. “Open Source License” includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the software be (x) disclosed or distributed in source code form; (y) be licensed for the purpose of making derivative works; or (z) be redistributable at no charge.

Appears in 2 contracts

Samples: Software Developer Kits, Samples and Tools License Agreement, Software Developer Kits, Samples and Tools License Agreement

License Restrictions. You agree that You you will not (nor allow authorize third parties to): ): (i) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software software provided to You you in object code form; ; (ii) sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; parties; (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; ; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; ; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws laws, rules or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; regulations; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; ; (ixviii) disclose the results of any benchmarking or other competitive analysis relating to use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application ("Critical Applications"), unless the prior written permission from NVIDIAparties have entered into a Critical Applications agreement; or or (xix) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source Excluded License. "Excluded License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution that software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making modifications; or (c) be redistributable at no charge. Nothing in this XXXX SLA shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software software or any portion thereof is compiled or interpreted. You acknowledge that REPSTANCE does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and REPSTANCE shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless REPSTANCE and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney's fees and costs incident to establishing the right of indemnification) arising out of or related to you and your or your permitted users use of Licensed Software outside of the scope of this SLA or any other breach of the terms of this SLA.

Appears in 1 contract

Samples: Software License Agreement

License Restrictions. You agree that You will As a condition of your license, you shall not (nor and shall not allow any third parties party to): (ia) reverse engineer, decompile, disassemble (except to disassemble, or otherwise reverse engineer the extent applicable laws specifically requires that such activities be permitted) Software or Third Party Code or attempt to derive the reconstruct or discover any source code, underlying ideas, algorithm algorithms, file formats or structure programming interfaces of the Software provided to You in object code form; or Third Party Code by any means whatsoever (iib) distribute, sell, distributesublicense, rent, loan lease or lease use the Licensed Software Software, Third Party Code or provide the Licensed Software Sample Code (or make its functionality available to third parties (aany portion thereof) as an application services for time sharing, hosting, service provider or service bureaulike purposes, (b) except as expressly permitted by operating hosted/virtual system environments, AUREX through a written confirmation; (c) by hostingremove any product identification, time sharing or providing any other type of servicesproprietary, copyright trademark, service mark, or other notices contained in the Software, Third Party Code or Sample Code; (d) otherwise by means Modify any part of the internetSoftware, Third Party Code or Sample Code, create a derivative work of any part of the Software, Third Party Code, or Sample Code, or incorporate the Software, Third Party Code or Sample Code into or with other software, except to the extent expressly authorized in writing by AUREX; (iiie) modifypublicly disseminate performance information or analysis (including, translate or otherwise create without limitation, benchmarks) from any derivative works of any of source relating to the Licensed Software; (ivf) removeutilize any equipment, alterdevice, cover software, or obscure other means designed to circumvent or remove any proprietary notice that appears on form of Product Key or copy protection used by AUREX in connection with the Licensed Software, or use the Software together with any authorization code, Product Key, serial number, or any copies thereofother copy protection device not supplied by AUREX or through an Authorized Partner; (vg) use the Licensed SoftwareSoftware to develop a product which is competitive with any AUREX product offerings; (h) use unauthorized Product Keys or keycode(s) or distribute or publish keycode(s) except as may be expressly permitted by AUREX in writing; (i) as applicable to User-Based licenses, enable access to the Software for a greater number of Authorized Users than the sum quantity of licenses purchased on the applicable Ordering Document(s); (j) as applicable to User-Based licenses, reassign license rights between Authorized Users so frequently as to enable a single license to be shared between multiple users; (k) assert, nor will you authorize, assist or encourage any third-party to assert, against AUREX or any of its affiliates, customers, vendors, business partners, or allow its uselicensors, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ix) disclose the results of any benchmarking patent infringement or other competitive analysis relating to the Licensed Software without the prior written permission from NVIDIA; or (x) use the Licensed Software in intellectual property infringement claim regarding any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX shall be construed to give You a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled Support and Maintenance or interpretedProfessional Services you have purchased or used hereunder.

Appears in 1 contract

Samples: Software License Agreement

License Restrictions. You agree that You will All Software is licensed, not (nor allow third parties sold. The restrictions in this Agreement represent conditions of the Customer’s license. In addition to the Product Specific Terms, Customer specifically agrees not to): : (i) sub-license, rent, sell, lease, distribute or otherwise transfer the Software or any part thereof or use the Offering, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit of any third party (other than Affiliates of the Customer); (ii) attempt to reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) disassemble, or attempt to derive the source code, code or underlying ideas, algorithm ideas or structure of Software provided to You in object code form; (ii) sell, distribute, rent, loan or lease the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means algorithms of the internetSoftware and/or Third Party Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable law; (iii) modify, translate port, translate, localise or otherwise create any derivative works of any of the Licensed Software, the Third Party Software, the Documentation and/or Reports; (iv) removeuse the Offering: (a) in violation of any law, alterstatute, cover ordinance or obscure regulation applicable to the Customer (including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, and/or anti- discrimination, in each case that are applicable to the Customer); or (b) negligently or intentionally or wilfully propagate any proprietary notice that appears on virus, worms, Trojan horses or with the Licensed Software other programming routine intended to damage any system or any copies thereofdata; (v) use transmit or provide access to the Licensed Software, or allow its use, transfer, transmission or export Offering save as provided in violation of any export control laws or regulations administered by the United States governmentthis Agreement; (vi) distributeremove or modify any acknowledgements, permit access to, credits or sublicense legal notices contained on the Licensed Software as a stand-alone productOffering or any part thereof; (vii) sell, transfer, sublicense or assign install and/or run on the Licensed Hardware and software applications other than the Software to any third partyand Third Party Software installed by Darktrace on such Hardware; (viii) use collect any information from or through the Licensed Software for the purpose of developing competing products Offering using any automated means (other than Darktrace approved APIs), including without limitation any script, spider, “screen scraping,” or technologies “database scraping” application or assisting a third party in such activitiesgain or attempt to gain unpermitted access by any means to any Darktrace computer system, network, or database; and/or (ix) disclose file copyright or patent applications that include the results of any benchmarking or other competitive analysis relating to the Licensed Software without the prior written permission from NVIDIA; or (x) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX shall be construed to give You a right to use, or otherwise obtain access to, any source code from which the Software Offering or any portion thereof is compiled thereof. Prior to the disposal of any media or interpretedHardware containing the Software, Customer shall permanently erase the Software contained therein.

Appears in 1 contract

Samples: Master Customer Agreement

License Restrictions. You agree that You you will not (nor allow authorize third parties to): (i) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software software provided to You you in object code form; (ii) use, copy, sell, offer to sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing for any other type of services, or (d) otherwise by means of the internetcommercial purposes; (iii) modify, enhance, translate or otherwise change or create any derivative works of any of the Licensed Software; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws laws, rules or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone productregulations; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ixviii) disclose the results of any benchmarking or other competitive analysis relating to use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application ("Critical Applications"), unless the prior written permission from NVIDIAparties have entered into a Critical Applications agreement; (ix) publish or provide any Licensed Software benchmark or comparison test results to any third party or (x) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source Excluded License. "Excluded License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution that software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making modifications; or (c) be redistributable at no charge. Nothing in this XXXX shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software software or any portion thereof is compiled or interpreted. You agree that you will not have any right to use the trademarks, service marks or logos, intellectual property rights, industrial property, patents, software, trade secrets, of PathPartner or its licensors, other than as explicitly stated in this Agreement. You acknowledge that PathPartner does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and PathPartner shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless PathPartner and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to legal fees and costs incident to establishing the right of indemnification) arising out of or related to you and your or your permitted users use of Licensed Software outside of the scope of this XXXX or any other breach of the terms of this XXXX. PathPartner reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PathPartner, and you agree to cooperate with our defense of these claims. PathPartner will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Appears in 1 contract

Samples: End User License Agreement

License Restrictions. You agree that You will shall not, directly or indirectly: (a) use (including make any copies of) the Service beyond the scope of the license granted under Section 2; (b) use the Service in connection with an IoT Device which you have sold or otherwise transferred or you have no right to control; (c) except as expressly enabled within the Service, provide any Third Party with access to or use of the Service; (d) modify, translate, adapt or otherwise create derivative works, improvements or other modifications, whether or not patentable or copyrightable, of the Service or any part thereof; (nor allow third parties to): (ie) reverse engineer, disassemble, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) decode or otherwise attempt to derive or gain access to the source code, underlying ideas, algorithm or structure of Software provided to You in object code form; (ii) sell, distribute, rent, loan or lease the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; Service or any part thereof; (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; (ivf) remove, alterdelete, cover alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice that appears provided on or with the Licensed Software Service, including any copy thereof; (g) copy the Service, in whole or in part; (h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service, or any copies thereof; features or functionality of the Service, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (vWAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service; (i) use the Licensed Software, or allow its use, transfer, transmission or export Service in violation of any export control laws or regulations administered by the United States government; national, state, provincial and local Laws, rules, regulations, directives, statutes, orders, judgments, decrees, rulings, and enforceable regulatory guidance (vi“Law”) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; applicable to Your use; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viiij) use the Licensed Software Service for the purpose purposes of developing competing products or technologies or assisting a third party in such activities; (ix) disclose the results of any benchmarking or other competitive analysis relating of the Service, the development of a competing website or app, product or service, or any other purpose that is to the Licensed Software without the prior written permission from NVIDIA; or Pentair’s commercial disadvantage; (xk) use the Licensed Software Service in connection with any manner that would cause sale, licensing or making available of Pentair’s competitor’s products, any copycat products or products which Pentair believes, in its sole opinion, infringe, misappropriate or violate Pentair’s intellectual property rights; (l) allow any content, images, information or any other part of the Licensed Software Service to become subject be made available on any other platform, whether in print or electronic form, to an Open Source License. Nothing in this XXXX shall be construed to give You a right to useany Third Party, or any other publication, re-use or re-dissemination of such content, images, or information; and (m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise obtain access togather Service content, any source code from which or reproduce or circumvent the Software navigational structure or any portion thereof is compiled or interpretedpresentation of the Service without Pentair’s express prior written consent.

Appears in 1 contract

Samples: Terms of Service

License Restrictions. You Except as expressly authorized in the AGREEMENT, you agree that You you will not (nor allow third parties to): (i) copy and use Software that was licensed to you for use in one or more devices in other unlicensed devices (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to You you in object code form; (iiiii) sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iiiiv) modify, translate or otherwise create any Modifications or derivative works of any of the Licensed Software; (ivv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vvi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (vivii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viiviii) sellbypass, transferdisable, sublicense circumvent or assign remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software to together with any third partyauthorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (viiiix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ixx) disclose the results of any benchmarking or other competitive analysis relating to the Licensed Software without the prior written permission from NVIDIA; (xi) distribute any Modification you make to Software under or by reference to the same name as used by NVIDIA; (xxii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License; (xiii) access or attempt to access the administrative portions of a NVIDIA Cloud Subscription solution; or (xiv) engage in activities that interfere with or disrupts a NVIDIA Cloud Subscription solution, including interfering with other users’ enjoyment of the solution. Nothing in this XXXX the AGREEMENT shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted.

Appears in 1 contract

Samples: End User License Agreement

License Restrictions. You agree that You you will not (nor allow authorize third parties to): ): (i) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software software provided to You you in object code form; ; (ii) sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; parties; (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; ; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; ; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws laws, rules or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; regulations; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (ixviii) disclose the results of any benchmarking or other competitive analysis relating to use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application ("Critical Applications"), unless the prior written permission from NVIDIAparties have entered into a Critical Applications agreement; or or (xix) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source Excluded License. "Excluded License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution that software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making modifications; or (c) be redistributable at no charge. Nothing in this XXXX SLA shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software software or any portion thereof is compiled or interpreted. You acknowledge that REPSTANCE does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and REPSTANCE shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless REPSTANCE and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney's fees and costs incident to establishing the right of indemnification) arising out of or related to you and your or your permitted users use of Licensed Software outside of the scope of this SLA or any other breach of the terms of this SLA.

Appears in 1 contract

Samples: Software License Agreement

License Restrictions. You agree that You you will not (nor allow authorize third parties to): ): (i) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software software provided to You you in object code form; ; (ii) sell, transfer, assign, distribute, rent, loan loan, lease, sublicense or lease otherwise make available the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; parties; (iii) modify, translate or otherwise create any derivative works of any of the Licensed Software; ; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; ; (v) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws laws, rules or regulations administered by the United States government; (vi) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; regulations; (vii) sell, transfer, sublicense or assign the Licensed Software to any third party; (viii) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; ; (ixviii) disclose the results of any benchmarking or other competitive analysis relating to use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application ("Critical Applications"), unless the prior written permission from NVIDIAparties have entered into a Critical Applications agreement; or or (xix) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source Excluded License. "Excluded License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution that software be : (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making modifications; or (c) be redistributable at no charge. Nothing in this XXXX shall be construed to give You you a right to use, or otherwise obtain access to, any source code from which the Software software or any portion thereof is compiled or interpreted. You acknowledge that REPSTANCE does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and REPSTANCE shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless REPSTANCE and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney's fees and costs incident to establishing the right of indemnification) arising out of, or related to, you and/or your permitted users, use of the Licensed Software outside of the scope of this XXXX or any other breach of the terms of this XXXX.

Appears in 1 contract

Samples: End User License Agreement

License Restrictions. You agree that You will Except as expressly authorized by these Singularity Terms, Customer may not (nor allow third parties to): do any of the following: (i) reverse engineermodify, decompiledisclose, disassemble alter, translate or create derivative works of the Singularity Platform (except to the extent applicable laws specifically requires that such activities be permittedor any components thereof) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to You in object code formany accompanying Documentation; (ii) selllicense, sublicense, resell, distribute, lease, rent, loan lend, transfer, assign or lease the Licensed Software or provide the Licensed Software or make its functionality available to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means dispose of the internetSingularity Platform (or any components thereof) or any Documentation; (iii) modifyuse the Singularity Platform other than as permitted under these Singularity Terms, translate as directly related to Customer’s internal business operations and in conformity with the Documentation, and not otherwise use the Singularity Platform for any other commercial or otherwise create business use, including without limitation, offering any derivative works of any portion of the Licensed SoftwareSingularity Platform as benefits or services to third parties; (iv) removeuse the Singularity Platform in violation of any laws or regulations, alterincluding, cover without limitation, to store or obscure any proprietary notice that appears on transmit infringing, libelous or with the Licensed Software otherwise unlawful or any copies thereoftortious material, or material in violation of third-party privacy rights; (v) use the Licensed SoftwareSingularity Platform to store, transmit or test for any viruses, software routines or other code designed to permit unauthorized access, disable, erase or otherwise harm software, hardware or data, or allow its use, transfer, transmission or export in violation of to perform any export control laws or regulations administered by the United States governmentother harmful actions; (vi) distributeprobe, permit access toscan or test the efficacy or vulnerability of the Singularity Platform, or sublicense take any action in an effort to circumvent or undermine the Licensed Software Singularity Platform, except for the legitimate testing of the Singularity Platform in coordination with SentinelOne, in connection with considering a subscription to the Singularity Platform as a stand-alone productlicensed herein; (vii) sellattempt or actually disassemble, transferdecompile or reverse engineer, sublicense copy, frame or assign mirror any part or content of the Licensed Software to Singularity Platform, or otherwise derive any third partyof the Singularity Platform’s source code; (viii) access, test, and/or use the Licensed Software for Singularity Platform in any way to build a competitive product or service, or copy any features or functions of the purpose of developing competing products or technologies or assisting a third party in such activitiesSingularity Platform; (ix) interfere with or disrupt the integrity or performance of the Singularity Platform; (x) attempt to gain unauthorized access to the Singularity Platform or their related systems or networks; (xi) disclose the results of to any benchmarking third party or other competitive publish in any media any performance information or analysis relating to the Licensed Software without Singularity Platform; (xii) fail to maintain all copyright, trademark and proprietary notices on the prior written permission from NVIDIASingularity Platform and any permitted copy thereof; or (xxiii) use cause or permit any Singularity Platform user or third party to do any of the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this XXXX shall be construed to give You a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpretedforegoing.

Appears in 1 contract

Samples: Master Subscription Agreement

License Restrictions. You agree that to use the Licensed Application only in compliance with the terms of this Agreement and any applicable federal, state, and local law, statutes, regulations (“Applicable Law”), or generally accepted practices or guidelines in the relevant jurisdictions. You will shall not: a) copy, modify, alter, or transfer the Licensed Application, except as expressly permitted by this license; b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not (nor allow third parties to): (ipatentable, of the Licensed Application; c) reverse engineer, disassemble, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) decode, creative derivative works of, or otherwise attempt to derive or gain access to the source codecode of the Licensed Application or any part thereof; d) remove, underlying ideasdelete, algorithm alter, or structure of Software provided to You in object code form; (iiobscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Licensed Application, including any copy thereof; e) rent, lease, lend, sell, sublicense, assign, distribute, rentpublish, loan transfer, or lease otherwise make available the Licensed Software Application, or provide any features or functionality of the Licensed Software or make its functionality Application, to any third party for any reason, including by making the Licensed Application available to third parties (aon a network where it is capable of being accessed by more than one device at any time; f) as an application services provider or service bureauremove, (b) by operating hosted/virtual system environmentsdisable, (c) by hostingcircumvent, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iii) modify, translate or otherwise create or implement any derivative works of workaround to any of copy protection, rights management, or security features in or protecting the Licensed SoftwareApplication; (iv) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vor g) use the Licensed SoftwareApplication in, or allow its usein association with, transferthe design, transmission construction, maintenance, or export in violation operation of any export hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control laws or regulations administered by the United States government; (vi) distribute, permit access tosystems, or sublicense the Licensed Software any other transport management systems; safety- critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. Except as a stand-alone product; (vii) sellexpressly provided herein, transfer, sublicense COX does not grant to You any express or assign the Licensed Software implied right to XXX’x or any third party; (viii) ’s intellectual property. You may not sell, offer for sale, copy, modify, alter, create derivative works from, upload, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Licensed Software for the purpose of developing competing products Content and Services, in whole or technologies or assisting a third party in such activities; (ix) disclose the results of any benchmarking or other competitive analysis relating to the Licensed Software without the prior written permission from NVIDIA; or (x) use the Licensed Software part thereof, in any manner that would cause way, unless expressly permitted to do so by COX. You are also prohibited from publishing broadcasting, framing, excerpting any of the Licensed Software to become subject to an Open Source LicenseContent and Services. Nothing You are also prohibited from in this XXXX shall be construed to give You a right to use, or otherwise obtain access to, any source code from which way commercially exploiting any of the Software or any portion thereof is compiled or interpretedContent and Services.

Appears in 1 contract

Samples: Mobile Application End User License Agreement