Prohibited Applications Clause Samples
The Prohibited Applications clause defines specific uses or activities that are not allowed under an agreement, typically relating to products, services, or intellectual property. It outlines particular scenarios or industries where the subject matter cannot be used, such as for illegal activities, in high-risk environments, or in ways that could harm third parties. By clearly delineating these restrictions, the clause helps prevent misuse, limits liability, and ensures compliance with legal and ethical standards.
Prohibited Applications. You may not use the Sierra Solutions in any application (a) where the failure of the Sierra Solutions to function as intended could result in personal injury, death, or severe physical or environmental damage (“Safety-Critical Environments”), (b) that is regulated by agencies with authority over licensing and approval of health and medical applications, including the U.S. Food and Drug Administration, or (c) that violates the acceptable use policy of any Carrier.
Prohibited Applications. You may not use the Connectivity Services for or in connection with (a) communication to networks that are used for any premium and special rate services, toll-free numbers, special caller assistance services or other similar services; (b) remote monitoring to provide life-sustaining medical care for any individual; (c) monitoring of third parties without their express consent; or (d) emergency calling to 911 or equivalent emergency telephone numbers. These prohibitions are in addition to any prohibitions specified elsewhere in the Agreement.
Prohibited Applications. Each of the Hong Kong Underwriters agrees and undertakes that (except to the extent the SEHK’s consent is not required under Appendix F1 to the Listing Rules (the “Placing Guidelines”) or has been obtained pursuant to paragraph 5 of the Placing Guidelines): (1) it and the placees procured by it and their respective ultimate beneficial owners are third parties independent of the Company; (2) none of the securities in the Company placed by or through it have been or will be allocated to any: (a) “core connected persons” (as defined in the Listing Rules) of the Company, any directors or existing shareholders of the Company (or any of their respective “close associates”) (as defined in the Listing Rules), whether in their own name or through nominees; or (b) “connected clients” of the Overall Coordinator, any syndicate member(s) (other than the Overall Coordinator) or any distributor(s) (other than syndicate member(s)); or (c) person who is a nominee company (unless the names of the ultimate beneficiaries are disclosed to the SEHK); or (d) person acting in such manner which does not comply with the laws, practices and/or regulations of the jurisdiction in which the application by, or the solicitation of, such person takes place (or to which such application or the solicitation is otherwise subject) including but not limited to the Placing Guidelines; or (e) person who has purchased or will purchase International Offer Shares under the International Offering; and (3) the placees procured by it and their respective ultimate beneficial owners have the financial capacity to meet all obligations arising from such orders, and are not financed directly or indirectly by, or accustomed to taking instructions from, the Company, any of the directors, chief executives, controlling shareholder(s), substantial shareholder(s) or existing shareholder(s) of the Company or any of its subsidiaries, or a close associate of any of them.
Prohibited Applications. Each of the International Underwriters agrees and undertakes that (except to the extent the SEHK’s consent is not required under Appendix F1 to the Listing Rules (the “Placing Guidelines”) or has been obtained pursuant to paragraph 5 of the Placing Guidelines): (1) it and the placees procured by it and their respective ultimate beneficial owners are third parties independent of the Company; (2) none of the securities in the Company placed by or through it have been or will be allocated to any: (a) “core connected persons” (as defined in the Listing Rules) of the Company, any directors or existing shareholders of the Company (or any of their respective “close associates”) (as defined in the Listing Rules), whether in their own name or through nominees; or (b) “connected clients” of the Overall Coordinator, any syndicate member(s) (other than the Overall Coordinator) or any distributor(s) (other than syndicate member(s)); or
Prohibited Applications. Each of the International Underwriters agrees and undertakes that (except to the extent SEHK’s consent is not required under Appendix 6 to the Listing Rules (the “Placing Guidelines”) or has been obtained pursuant to paragraph 5 of the Placing Guidelines): (1) it and the placees procured by it and their respective ultimate beneficial owners are third parties independent of the Company; and (2) none of the securities in the Company placed by or through it have been or will be allocated to any: (a) “core connected persons” (as defined in the Listing Rules) of the Company, any directors or existing shareholders of the Company (or any of their respective “close associates”) (as defined in the Listing Rules), whether in their own name or through nominees; or
Prohibited Applications. You may not use or permit anyone else to use the Connectivity Services for or in connection with: (a) remote monitoring to provide life-sustaining medical care for any individual; (b) feature phones, smart phones, tablets, laptops, Wi-Fi hotspots, drones, or inmate locators; (c) mobile personal emergency response services, or any product that provides emergency calling to 911 or equivalent emergency telephone numbers; (d) medical devices (i.e. “Devices” as defined in the U.S. Food, Drug and Cosmetic Act; “Medical Devices” as defined in European Union Medical Devices Directive (Directive93/42/EEC), the Active Implantable Medical Devices Directive (Directive 90/385/EEC), or the EU In Vitro Diagnostic Medical Devices Directive (Directive 98/79/0C), or any devices regulated by the local equivalents of such legislation in other territories, or by any successor legislation); (e) the monitoring of third parties without their permission; (f) any life or safety critical systems, in hazardous environments, or any other environments requiring fail-safe performance, including without limitation in the operation of nuclear facilities, aircraft navigation, air traffic control systems, life-saving or life-sustaining systems; or in any other application, where a failure or malfunction of the service may result in personal injury, death or severe damage to property or the environment; or (g) any primarily non-data purpose, including but not limited to services which primarily offer voice communications (i.e.. where voice is sold, or available, as a stand-alone offering).
Prohibited Applications. Each of the Hong Kong Underwriters agrees and undertakes that (except to the extent SEHK’s consent is not required under Appendix 6 to the Listing Rules (the “Placing Guidelines”) or has been obtained pursuant to paragraph 5 of the Placing Guidelines): (1) it and the placees procured by it and their respective ultimate beneficial owners are third parties independent of the Company; and (2) none of the securities in the Company placed by or through it have been or will be allocated to any: (a) “core connected persons” (as defined in the Listing Rules) of the Company, any directors or existing shareholders of the Company (or any of their respective “close associates”) (as defined in the Listing Rules), whether in their own name or through nominees; or