Common use of Limits on use of Website Clause in Contracts

Limits on use of Website. In the Licensee’s use of the Website, the Licensee must not (without the prior written consent of Nearmap): provide a link to another URL; upload content or other information to the Website (except as necessary to use the Products); do anything to damage, interfere or disrupt access to the Website or do anything which might impair its functionality; use the Website in any way to send any unsolicited email (commercial or otherwise) or any other material for marketing or publicity purposes; publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable confidential material or information; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software; remove any content or information from the Website, other than that permitted under the terms of this Licence; falsify the true ownership of a Product or other material or information made available via the Website; obtain or attempt to obtain unauthorised access, through whatever means, to the Website; use the Website other than in accordance with this Agreement; attempt any of the above acts or engage, encourage or permit another person to do any of the above acts; or provide or allow access to the Website which exceeds the total number of Seats in connection with use of the Product. Breach If the Licensee breaches any of clauses 2.1 to 2.7 inclusive, Nearmap reserves its rights to terminate the Agreement in accordance with clause 6.2, restrict the Licensee’s access to the Products and take any other steps available to it at law. THE LICENSEE’S ACCESS TO PRODUCTS AND SERVICES Password Any password issued by Nearmap to an Authoriser User is personal and confidential to that Authorised User. If Nearmap suspects that any password/ID is being used by an unauthorised person, by a different Authorised User who is not the person to whom it was issued, or the number of Seats has been exceeded, Nearmap may: cancel that user’s access; immediately cease the Licensee’s access to the Product; require the Licensee to pay for any additional fees due based on the standard Nearmap Fees for the applicable Product, in respect of any such unauthorised use; and/or exercise any other right available to Nearmap under the terms of this Agreement or at law. Downtime Nearmap will use reasonable endeavours to ensure that the Website and APIs remains available but cannot guarantee that this will be the case at all times. Nearmap agrees that, wherever possible, all planned maintenance will be done out of normal Operational Hours to ensure optimal uptime of the Website. The Licensee may elect to subscribe to the Nearmap status page at xxxxx://xxxxxx.xxxxxxx.xxx/ to receive notifications and updates relating to planned maintenance and uptime/downtime of the Website and APIs. As soon as Nearmap becomes aware of any Fault, Nearmap will use reasonable endeavours to: allocate such resources as may be necessary to remedy the Fault; and otherwise take all reasonable steps to remedy the Fault so as to minimise any disruption to the Licensee’s use of the Products. Expiry The Licensee’s Licence will expire at the end of the Term unless renewed in accordance with clause 1.3 and may be suspended or terminated in accordance with clause 6.2 if the Licensee is in breach of this Agreement.

Appears in 2 contracts

Samples: Products Agreement, Products Agreement

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Limits on use of Website. In the Licensee’s use of the Website, the Licensee must not (without the prior written consent of Nearmap): provide a link to another URL; upload content or other information to the Website (except as necessary to use the Products); do anything to damage, interfere or disrupt access to the Website or do anything which might impair its functionality; use the Website in any way to send any unsolicited email (commercial or otherwise) or any other material for marketing or publicity purposes; publish, post, distribute, disseminate or otherwise transmit, transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable confidential material or information; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software; remove any content or information from the Website, other than that permitted under the terms of this Licence; falsify the true ownership of a Product or other material or information made available via the Website; obtain or attempt to obtain unauthorised access, through whatever means, to the Website; use the Website other than in accordance with this Agreement; attempt any of the above acts or engage, encourage or permit another person to do any of the above acts; or provide or allow access to the Website which exceeds the total number of Seats in connection with use of the Product. Breach If the Licensee breaches any of clauses 2.1 to 2.7 inclusive, Nearmap reserves its rights to terminate the this Agreement in accordance with clause 6.2, restrict the Licensee’s access to the Products Products, and take any other steps available to it at law. THE LICENSEE’S ACCESS TO PRODUCTS AND SERVICES Password Any password issued by Nearmap to an Authoriser Authorised User is personal and confidential to that Authorised User. If Nearmap suspects that any password/ID is being used by an unauthorised person, by a different Authorised User who is not the person to whom it was issued, or the number of Seats has been exceeded, Nearmap may: cancel that user’s access; immediately cease the Licensee’s access to the Product; require the Licensee to pay for any additional fees due based on the standard Nearmap Fees for the applicable Product, in respect of any such unauthorised use; and/or exercise any other right available to Nearmap under the terms of this Agreement or at law. Downtime Nearmap will use reasonable endeavours to ensure that the Website and APIs remains available but cannot guarantee that this will be the case at all times. Nearmap agrees that, wherever possible, all planned maintenance will be done out of normal Operational Hours to ensure optimal uptime of the Website. The Licensee may elect to subscribe to the Nearmap status page at xxxxx://xxxxxx.xxxxxxx.xxx/ to receive notifications and updates relating to planned maintenance and uptime/downtime of the Website and APIs. As soon as Nearmap becomes aware of any Fault, Nearmap will use reasonable endeavours to: allocate such resources as may be necessary to remedy the Fault; and otherwise take all reasonable steps to remedy the Fault so as to minimise any disruption to the Licensee’s use of the Products. Expiry The Licensee’s Licence will expire at the end of the Term unless renewed in accordance with clause 1.3 and may be suspended or terminated in accordance with clause 6.2 if the Licensee is in breach of this Agreement.

Appears in 1 contract

Samples: Products Agreement

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Limits on use of Website. In the Licensee’s use of the Website, the Licensee must not (without the prior written consent of Nearmap): provide a link to another URL; upload content or other information to the Website (except as necessary to use the Products); do anything to damage, interfere or disrupt access to the Website or do anything which might impair its functionality; use the Website in any way to send any unsolicited email (commercial or otherwise) or any other material for marketing or publicity purposes; publish, post, distribute, disseminate or otherwise transmit, transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable confidential material or information; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software; remove any content or information from the Website, other than that permitted under the terms of this Licence; falsify the true ownership of a Product or other material or information made available via the Website; obtain or attempt to obtain unauthorised access, through whatever means, to the Website; use the Website other than in accordance with this Agreement; attempt any of the above acts or engage, encourage or permit another person to do any of the above acts; or provide or allow access to the Website which exceeds the total number of Seats in connection with use of the Product. Breach If the Licensee breaches any of clauses 2.1 to 2.7 inclusive, Nearmap reserves its rights to terminate the this Agreement in accordance with clause 6.2, restrict the Licensee’s access to the Products Products, and take any other steps available to it at law. THE LICENSEE’S ACCESS TO PRODUCTS AND SERVICES Password Any password issued by Nearmap to an Authoriser Authorised User is personal and confidential to that Authorised User. If Nearmap suspects that any password/ID is being used by an unauthorised person, by a different Authorised User who is not the person to whom it was issued, or the number of Seats has been exceeded, Nearmap may: cancel that user’s access; immediately cease the Licensee’s access to the Product; require the Licensee to pay for any additional fees due based on the standard Nearmap Fees for the applicable Product, in respect of any such unauthorised use; and/or exercise any other right available to Nearmap under the terms of this Agreement or at law. Downtime Nearmap will use reasonable endeavours to ensure that the Website and APIs remains available but cannot guarantee that this will be the case at all times. Nearmap agrees that, wherever possible, all planned maintenance will be done out of normal Operational Hours to ensure optimal uptime of the Website. The Licensee may elect to subscribe to the Nearmap status page at xxxxx://xxxxxx.xxxxxxx.xxx/ to receive notifications and updates relating to planned maintenance and uptime/downtime of the Website and APIs. As soon as Nearmap becomes aware of any Fault, Nearmap will use reasonable endeavours to: allocate such resources as may be necessary to remedy the Fault; and otherwise take all reasonable steps to remedy the Fault so as to minimise any disruption to the Licensee’s use of the Products. Expiry The Licensee’s Licence will expire at the end of the Term unless renewed in accordance with clause 1.3 and may be suspended or terminated in accordance with clause 6.2 if the Licensee is in breach of this Agreement.

Appears in 1 contract

Samples: Products Agreement

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