Protection and Restrictions. 7.1 Each party (the “Disclosing Party”) may disclose to the other (the “Receiving Party”) certain confidential technical and business information that the Disclosing Party desires the Receiving Party to treat as confidential. "
Protection and Restrictions. 4.1. You agree to take all reasonable steps to safeguard access to the Software to ensure that no unauthorized person has access thereto and that no unauthorized copy, publication, disclosure, or distribution, in whole or in part, in any form is made.
Protection and Restrictions. End User agrees to use its best efforts and take all reasonable steps to safeguard the Licensed Material to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form shall be made. End User acknowledges that the Licensed Material contains valuable confidential information and trade secrets and that unauthorized use and/or copying would be harmful to Kapow. End User may not: (i) use or copy the Software except as expressly allowed in this License Agreement; (ii) transfer, assign, publish, display, disclose, distribute, rent, lease, modify, loan, lend or use the Software for timesharing or service bureau purposes or otherwise for the benefit of any third party; (iii) modify, translate, adapt or create derivative works based on the Software or any part thereof or merge the Software with any other software; (iv) reverse engineer, decompile or disassemble the Software or otherwise attempt to create or discern the source code from the object code for the Software; (v) transmit the Software over any network or between any devices, although End User may use the Software to make such transmissions of other materials; or (vi) publicly disseminate performance information or analysis (including without limitation benchmarks) relating to the Software except with Kapow’s prior written consent. The Licensed Material may not be exported or re-exported in violation of any export regulations of any applicable jurisdiction.
Protection and Restrictions. Subscriber will take all reasonable steps to safeguard the Product to ensure that no unauthorized person has access and that no unauthorized copy, publication, disclosure or distribution, in any form is made. The Product contains valuable, confidential information and trade secrets and unauthorized use or copying is harmful to Forcepoint. Subscriber may use the Product only for the internal business purposes of Subscriber. Subscriber will not itself, or through any affiliate, employee, consultant, contractor, agent or other third-party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Product; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Product, in whole or in part, for competitive purposes or otherwise; (iii) conduct penetration testing on or within the Products for any reason; (iv) allow access to, provide, divulge or make available the Product to any user other than Subscriber’s employees and contractors who have a need to such access and who will be bound by nondisclosure obligations that are at least as restrictive as the terms of this Agreement; (v) write or develop any derivative works based upon the Product; (vi) modify, adapt, translate or otherwise make any changes to the Product or any part thereof; (vii) use the Product to provide processing services to third-parties, or otherwise use the same on a ‘service bureau’ basis; (viii) disclose or publish, without Forcepoint’s prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Product; (ix) otherwise use or copy the same except as expressly permitted herein; (x) use any third-party software included in the Product independently from the Forcepoint proprietary Product. Subject to the terms of this Agreement, Subscriber may allow its agents and independent contractors to use the Product solely for the benefit of Subscriber; provided, however, Subscriber remains responsible for any breach of this Agreement. Any other use of the Products by any other entity is forbidden and a violation of this Agreement. Subscriber must not use the Products to filter, screen, manage or censor Internet content for consumers without permission from the affected consumers and Forcepoint’s express prior written approval, which may be withheld in ...
Protection and Restrictions.
7.1 Each party (the “Disclosing Party”) may disclose to the other (the “Receiving Party”) certain confidential technical and business information that Disclosing Party desires Receiving Party to treat as confidential. "Confidential Information" means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, electronically or by inspection of tangible objects (including prototypes, technical data, trade secrets and know-how, product plans, Products, customer lists and customer information, prices and costs, databases, inventions, processes, hardware configuration information, finances, budgets and other business information), which is designated as "Confidential," "Proprietary" or some similar designation at or prior to the time of disclosure, or that should otherwise reasonably be considered confidential by Receiving Party. Confidential Information may also include information disclosed to a Disclosing Party by third parties. Confidential Information will not, however, include any information that Receiving Party can document (i) was publicly known and made generally available prior to the time of Disclosing Party’s disclosure; (ii) becomes publicly known and made generally available after disclosure through no action or inaction of Receiving Party; (iii) is already in Receiving Party’s possession at the time of disclosure; (iv) is lawfully obtained by Receiving Party from a third party without a breach of such third party's obligations of confidentiality; or (v) is independently developed by Receiving Party without use of or reference to Disclosing Party's Confidential Information. The Receiving Party will treat Disclosing Party’s Confidential Information as non-public confidential information and will not disclose it to any person other than Disclosing Party and employees and contractors of Receiving Party on a need to know basis and Receiving Party will protect the confidentiality of such Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event with less than a reasonable standard of care. Licensee’s use of the Products to process data is not a disclosure of Confidential Information to Forcepoint for purposes of this Section. Furthermore, neither party will use the Confidential Information of the other party for any purpose other than carrying out its rights and obligations under this Agreement.
