Common use of Limitations and Restrictions Clause in Contracts

Limitations and Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Services or Polco Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: (a) copy, modify or create derivative works or improvements of the Services or Polco Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Polco Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part; (d) bypass or breach any security device or protection used by the Services or access or use the Services other than by an Authorized User through the use of his or her own then valid access credentials; (e) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services or Polco’s provision of services to any third party, in whole or in part; (f) access or use the Services or Polco Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Polco customer), or that violates any applicable law; (g) access or use the Services or Polco Materials for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product or any other purpose that is to Polco’s detriment or commercial disadvantage; or (h) otherwise access or use the Services or Polco Materials beyond the scope of the authorization granted under Section 3.1.

Appears in 4 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

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Limitations and Restrictions. Customer Subscriber agrees that it shall not, and shall not permit any other Person Third Party to, access directly or use the Services or Polco Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoingindirectly: (i) modify, Customer shall notalter, except as this Agreement expressly permits: (a) copyrevise, modify or decompile, disassemble, reverse engineer, create derivative works or improvements of the Services or Polco Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Polco Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the ServicesService or the API; (ii) assign, transfer, lease, rent, sublicense, distribute or otherwise make available the Service or the API, in whole or in part; , to any Third Party, including on a timesharing, software-as-a-service or other similar basis; (diii) bypass share Access Credentials or breach any security device or protection used by the Services or otherwise allow access or use the Services other than Service or the API to provide any service bureau services or any services on a similar basis; (iv) use the Service or the API in a way not authorized in writing by an Authorized User through DSI or for any unlawful purpose; (v) use the use Service or the API to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of his or her own then valid access credentials; Third Party privacy rights; (evi) damageattempt to tamper with, destroy, disruptalter, disable, impairhinder, by-pass, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Service or the API; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Service or the API; (ix) interfere with or otherwise impede disrupt the integrity or harm in any manner performance of the Services Service, the API or Polco’s provision of services to any third party, in whole or in part; the data contained therein; (fx) access or use the Services Service or Polco Materials the API in order to replicate applications, products or services offered by DSI and/or otherwise build a competitive product or service, copy any manner features, functions or graphics of the Service or the API or monitor the availability and/or functionality of the Service or the API for any purpose that infringesbenchmarking or competitive purposes; (xi) under any circumstances, misappropriates through a Third Party application, a Subscriber Application or otherwise violates any Intellectual Property Right otherwise, repackage or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of resell the data of any other Polco customer), or that violates any applicable law; (g) access or use the Services or Polco Materials for purposes of competitive analysis of the ServicesService, the developmentAPI or any DSI data received via the API; (xii) store, provision manipulate, analyze, reformat, print, and display the Content for personal use; and (xiii) upload or use of a competing software service or product insert code, scripts, batch files or any other purpose that is to Polco’s detriment form of scripting or commercial disadvantage; or (h) otherwise access or use coding into the Services or Polco Materials beyond the scope of the authorization granted under Section 3.1Service;.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

Limitations and Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Services or Polco Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: (a) copy, modify or create derivative works or improvements of the Services or Polco Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Polco Materials to any Person, including on or in connection with the internet or any time-time- sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part; (d) bypass or breach any security device or protection used by the Services or access or use the Services other than by an Authorized User through the use of his or her own then valid access credentials; (e) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services or Polco’s provision of services to any third party, in whole or in part; (f) access or use the Services or Polco Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Polco customer), or that violates any applicable law; (g) access or use the Services or Polco Materials for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product or any other purpose that is to Polco’s detriment or commercial disadvantage; or (h) otherwise access or use the Services or Polco Materials beyond the scope of the authorization granted under Section 3.1.

Appears in 2 contracts

Samples: Professional Services, Contract for Survey Software Services

Limitations and Restrictions. Customer Subscriber agrees that it shall not, and shall not permit any other Person Third Party to, access directly or use the Services or Polco Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoingindirectly: (i) modify, Customer shall notalter, except as this Agreement expressly permits: (a) copyrevise, modify or decompile, disassemble, reverse engineer, create derivative works or improvements of the Services or Polco Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Polco Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the ServicesService or API; (ii) assign, transfer, lease, rent, sublicense, distribute or otherwise make available the Service or API, in whole or in part; , to any Third Party, including on a timesharing, software-as-a-service or other similar basis; (diii) bypass share Access Credentials or breach any security device or protection used by the Services or otherwise allow access or use the Services other than Service or API to provide any service bureau services or any services on a similar basis; (iv) use the Service or API in a way not authorized in writing by an Authorized User through DSI or for any unlawful purpose; (v) use the use Service or API to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of his or her own then valid access credentials; Third Party privacy rights; (evi) damageattempt to tamper with, destroy, disruptalter, disable, impairhinder, by-pass, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Service or API; (vii) remove, obscure or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Service or API; (ix) interfere with or otherwise impede disrupt the integrity or harm in any manner performance of the Services Service, API or Polco’s provision of services to any third party, in whole or in part; the data contained therein; (fx) access or use the Services Service or Polco Materials API in order to replicate applications, products or services offered by DSI and/or otherwise build a competitive product or service, copy any manner features, functions or graphics of the Service or API or monitor the availability and/or functionality of the Service or API for any purpose that infringesbenchmarking or competitive purposes; (xi) under any circumstances, misappropriates through a Third Party application, a Subscriber Application or otherwise violates otherwise, repackage or resellthe Service, API or any Intellectual Property Right DSI data received via API; (xii) store, manipulate, analyze, reformat, print, and display the Content for personal use; and (xiii) upload or other right of any third party (including by any unauthorized access toinsert code, misappropriationscripts, use, alteration, destruction or disclosure of the data of any other Polco customer), or that violates any applicable law; (g) access or use the Services or Polco Materials for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product batch files or any other purpose that form of scripting or coding into the Service. Notwithstanding the foregoing restrictions, in the event Subscriber has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to Polco’s detriment or commercial disadvantage; or (h) otherwise access or use the Services Service to provide Third Party services in cases where such Third Parties access the Subscriber provided applications or Polco Materials beyond services, but where such Third Parties do not have the scope ability to install, configure, manage or have direct access to the Services. DSI hereby agrees, subject to payment of the authorization granted under Section 3.1applicable fees, to permit such use and the terms of this Agreement, including references to “internal use” and/or “internal business operations” shall be deemed to include and permit such use (hereafter referred to as “Commercial Use”).

Appears in 1 contract

Samples: Master Subscription Agreement

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Limitations and Restrictions. Customer User shall not, and shall not permit any other Person to, access or use the Services or Polco Straumann Materials except as expressly permitted by this AgreementAgreement and, in the case of Third- Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer User shall not, and shall not permit any other Person to, except as this Agreement expressly permits: (a) :  copy, modify or create derivative works or improvements of the Services or Polco Materials; (b) Straumann Materials or integrate the Services with services not provided by Straumann;  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Polco Straumann Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) ;  reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the ServicesServices or Straumann Materials, in whole or in part; (d) ;  bypass or breach any security device or protection used by the Services or Straumann Materials (including those used to safeguard the confidentiality, integrity or accessibility of any information stored or to restrict access solely to the class of persons expressly authorized) or access or use the Services or Straumann Materials other than by an as a member of User’s Authorized User Workforce through the use of his or her own then valid access credentials; (e) Access Credentials;  input, upload, transmit or otherwise provide to or through the Services or Straumann Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;  damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services Services, Straumann Systems or PolcoStraumann’s provision of services to any third party, in whole or in part; (f) , or alter or destroy any information housed in the Services;  remove, delete, alter or obscure any trademarks, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or Straumann Materials, including any copy thereof;  access or use the Services or Polco Straumann Materials in any manner or for any purpose (including uploading, reproducing, distributing, or publishing information or content on or through the Services), including through Network Communications or Messaging, that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Polco customeruser of the Services), or that violates any applicable law; (g) laws and regulations, including the Privacy Laws;  use the Services, including through Network Communication or Messaging, to transmit illegal, obscene, threatening, libelous, defamatory, harassing, or offensive messages or otherwise unlawful material;  access or use the Services or Polco Straumann Materials for purposes of competitive analysis of the ServicesServices or Straumann Materials, the development, provision or use of a competing software service or product or any other purpose that is to Polcothe Straumann’s detriment or commercial disadvantage; or (h)  access the Services through other than a commercial browser or use the Services in any manner that violates Straumann’s Policies and Procedures; or  otherwise access or use the Services or Polco Straumann Materials beyond the scope of the authorization license granted under this Section 3.13.

Appears in 1 contract

Samples: Services and Business Associate Agreement

Limitations and Restrictions. Customer Subscriber agrees that it shall not, and shall not permit any other Person Third Party to, access directly or use the Services or Polco Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoingindirectly: (i) modify, Customer shall notalter, except as this Agreement expressly permits: (a) copyrevise, modify or decompile, disassemble, reverse engineer, create derivative works or improvements attempt to derive the source code of the Services or Polco Materials; any Service; (bii) rentassign, transfer, lease, lend, sellrent, sublicense, assign, distribute, publish, transfer distribute or otherwise make available any Services or Polco Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the ServicesService, in whole or in part; , to any Third Party, including on a timesharing, software-as-a-service or other similar basis; (diii) bypass share Account login information or breach any security device or protection used by the Services or otherwise allow access or use the Services other than to provide any service bureau services or any services on a similar basis; (iv) use any Service in a way not intended by an Authorized User through the use of his or her own then valid access credentials; (e) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services or Polco’s provision of services to any third party, in whole or in part; (f) access or use the Services or Polco Materials in any manner DSI or for any purpose that infringesunlawful purpose; (v) use any Service to store or transmit infringing, misappropriates libelous, or otherwise violates any Intellectual Property Right unlawful or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Polco customer)tortious material, or that violates to store or transmit material in violation of Third Party privacy rights; (vi) copy, frame or mirror any applicable law; (g) access part or use the Services or Polco Materials for purposes of competitive analysis content of the Services, other than copying or framing on Subscriber’s own intranets or otherwise for Subscriber’s own internal business purposes; (vii) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the developmentServices; (viii) remove, provision obscure, cover or use of a competing software service alter any copyright, trademark, patent or product proprietary notice affixed or displayed by or in the Services or related documentation; (ix) perform load tests, network scans, penetration tests, ethical hacks or any other purpose that is to Polco’s detriment security auditing procedures on the Services; (x) interfere with or commercial disadvantage; or (h) otherwise access disrupt the integrity or use performance of the Services or Polco Materials the data contained therein; (xi) access any Service in order to build a competitive product or service, copy any features, functions or graphics of any Service or monitor the availability and/or functionality of any Service for any benchmarking or competitive purposes; (xii) store, manipulate, analyze, reformat, print, and display the Content for personal use; (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Services; and (xiv) store Highly-Sensitive Personal Information. Highly-Sensitive Personal Information should not be entered into the Services, as there are no data fields requesting this type of information. It is the Subscriber’s responsibility to enforce this policy for fields beyond DSI’s control such as a description or notes field. DSI reserves the scope of right in the authorization granted under Section 3.1.future to scan input data and block certain information such as social security numbers or credit card numbers

Appears in 1 contract

Samples: Online Subscription Agreement

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