Restricted Uses Generally. 4.1. You agree that, except as expressly permitted herein or by applicable law, you will not: 4.1.1. interfere or attempt to interfere in any manner with the functionality or proper working of the Service or the 4me Properties or hack, attempt to hack or break or attempt to breach any security mechanism(s); 4.1.2. compile or use the 4me Properties or the Service or any other information obtained through the Service for the purpose of direct marketing, spamming, unsolicited contacting of users of the Service, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations; 4.1.3. remove, obscure, or alter any notice of any intellectual property or proprietary right designation appearing on or contained within the Service or on any 4me Properties; 4.1.4. modify, alter, tamper with, repair, or otherwise create derivative works of any software included in or accessed via the Service or any of the 4me Properties; 4.1.5. reverse engineer, disassemble, or decompile the underlying software of the Service or any 4me Properties or apply any other process or procedure to derive the source code of any software included in or accessed via any of the Service or the 4me Properties; 4.1.6. allow access to the Services or the 4me Properties to third parties. However, you may choose to offer access to and use of the Services and 4me Properties to your affiliates (meaning any entity that directly or indirectly controls, is controlled by, or is under common control with you) (“Permitted Access”) provided that where you offer such Permitted Access (a) you shall ensure that all such use and access complies with this Agreement; (b) you shall remain the contracting party with us and you shall be responsible for the payment of all applicable fees; (c) you shall retain full responsibility for all acts and omissions of your affiliates in relation to such access to and use of the Service and you shall be liable for all acts and omissions of your affiliates as if they were your own acts or omissions. All passwords and other access details provided by us to you are confidential and you shall ensure that all those with Permitted Access are aware of the confidential nature of such details; 4.1.7. use or access the Service to create products or services which compete with the Service or underlying software; 4.1.8. knowingly upload a virus or other harmful code to the Service or use the Service in a manner that violates applicable data protection and privacy laws and regulations; 4.1.9. to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service or underlying software available to any third party except those with Permitted Access; 4.1.10. disclose the results of any Service or program benchmark tests to any third parties without 4me’s prior written consent; 4.1.11. employ any measure intended to circumvent limitations to purchased Service Credits or user limitations; or (i) use automated means, such as bots or crawlers, to access any 4me Properties or extract information therefrom (except such means as are expressly approved in advance in writing by 4me) or from the 4me website; 4.1.12. use the Service and the underlying software in any manner which will or may breach any laws, rules, regulations and/or codes which are legally binding and which are applicable to the use of the Service (and underlying software); and 4.1.13. use the Service in any manner or for a purpose not permitted by applicable export laws, regulations or sanctions; nor export or re-export the Service to any country, region, organization or individual that is named as a restricted area or person on any applicable export laws, regulations or sanctions.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Restricted Uses Generally. 4.1. You agree that, except as expressly permitted herein or by applicable law, you will not:
4.1.1. interfere or attempt to interfere in any manner with the functionality or proper working of the Service or the 4me Properties Company Products and Services or hack, attempt to hack or break or attempt to breach any security mechanism(s)) or to otherwise disrupt the operation of Company Products and Services;
4.1.2. compile or use the 4me Properties or the Service Company Products and Services or any other information obtained through the Service for the purpose of direct marketing, spamming, unsolicited contacting of users of the Service, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate any anti-spamming laws and regulationslaws, regulations or privacy protection acts, regardless of jurisdiction;
4.1.3. remove, obscure, or alter any notice of any copyright, trademark or other intellectual property or proprietary right designation appearing on or contained within the Service or on any 4me PropertiesCompany Products and Services;
4.1.4. modify, alter, tamper with, repair, or otherwise create derivative works of any Company Products and Services, including all software included in or accessed via the Service or any of the 4me PropertiesProducts and Services;
4.1.5. reverse engineer, disassemble, or decompile the underlying software of the Service or any 4me Properties Company Products and Services or apply any other process or procedure to derive the source code of any software included in or accessed via any of the Service or the 4me PropertiesCompany Products and Services;
4.1.6. allow access to the Products and Services or the 4me Properties to third parties. However, you may choose to offer access to and use of the Services and 4me Company Properties to your affiliates (meaning any entity that directly Affiliates to the extent authorized by the particular license or indirectly controlsOrder Form, is controlled by, or is and to independent contractors who are under common control with you) written contract to you to utilize the Company Products and Services on your behalf solely for your benefit (“Permitted Access”) provided that where you wish to offer such Permitted Access Access: (a) you shall obtain the Company’s permission in advance and ensure that all such use and access complies with this Agreement; (b) the Affiliate(s) or contractor(s) shall enter into an Order Form with the Company referencing this Agreement in the form provided by the Company;
(c) you shall remain the contracting party with us and you shall be responsible for the payment of all applicable fees; and (cd) you shall retain full unconditional responsibility for all acts and omissions of your affiliates such persons and entities in relation to such access to and use of the Service Company Products and Services and you shall be liable for all acts and omissions of your affiliates Affiliates as if they were your own acts or omissions. An “Affiliate” for this purpose means any entity that controls, is controlled by, or is under common control with an entity, and as it pertains to you, such Affiliate must also form an integral part of your overall operations. All passwords and other access details provided by us to you are confidential and you shall ensure that all those with Permitted Access are aware of the confidential nature of such details;
4.1.7. use or access the Service Company Products and Services to create any products or services which may or do compete with the Service any Company Products and Services or any related or underlying software;
4.1.8. knowingly upload a virus or other harmful code to the Service Company Products and Services or use the Service Company Products and Services in a manner that violates applicable data protection and privacy laws and regulations;
4.1.9. to license, sell, resell (unless you have also entered into a Reseller Partner Agreement with the Company), rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service or underlying software available to any third party except those with Permitted Access;
4.1.10. disclose the results of any Service Company Product and Services or software program benchmark tests tests, reports, dashboards or related data to any third parties without 4methe Company’s prior written consent;
4.1.11. employ any measure intended to circumvent limitations to purchased Service Credits or licenses including user limitations; or (i) use automated means, such as bots or crawlers, to access any 4me Properties Company Products and Services or extract information therefrom (except such means as are expressly approved in advance in writing by 4methe Company) or from the 4me Company website;
4.1.12. use the Service Company Products and Services and the underlying software in any a manner not authorized by this Agreement or which will or may breach any laws, rules, regulations and/or codes which are legally binding and which are applicable to the use of the Service (and underlying software); and
4.1.13. use the Service Company Products and Services in any a manner or for a purpose not permitted by applicable export laws, regulations or sanctions; nor or export or re-export the Service to any country, region, organization or individual that is named as a restricted area or person on any applicable export laws, regulations or sanctions.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Restricted Uses Generally. 4.1. You agree that, except as expressly permitted herein or by applicable law, you will not:
4.1.1. interfere or attempt to interfere in any manner with the functionality or proper working of the Service or the 4me Properties Company Products and Services or hack, attempt to hack or break or attempt to breach any security mechanism(s)) or to otherwise disrupt the operation of Company Products and Services;
4.1.2. compile or use the 4me Properties or the Service Company Products and Services or any other information obtained through the Service for the purpose of direct marketing, spamming, unsolicited contacting of users of the Service, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate any anti-spamming laws and regulationslaws, regulations or privacy protection acts, regardless of jurisdiction;
4.1.3. remove, obscure, or alter any notice of any copyright, trademark or other intellectual property or proprietary right designation appearing on or contained within the Service or on any 4me PropertiesCompany Products and Services;
4.1.4. modify, alter, tamper with, repair, or otherwise create derivative works of any Company Products and Services, including all software included in or accessed via the Service or any of the 4me PropertiesProducts and Services;
4.1.5. reverse engineer, disassemble, or decompile the underlying software of the Service or any 4me Properties Company Products and Services or apply any other process or procedure to derive the source code of any software included in or accessed via any of the Service or the 4me PropertiesCompany Products and Services;
4.1.6. allow access to the Products and Services or the 4me Properties to third parties. However, you may choose to offer access to and use of the Services and 4me Company Properties to your affiliates (meaning any entity that directly Affiliates to the extent authorized by the particular license or indirectly controlsOrder Form, is controlled by, or is and to independent contractors who are under common control with you) written contract to you to utilize the Company Products and Services on your behalf solely for your benefit (“Permitted Access”) provided that where you wish to offer such Permitted Access Access: (a) you shall obtain the Company’s permission in advance and ensure that all such use and access complies with this Agreement; (b) the Affiliate(s) or contractor(s) shall enter into an Order Form with the Company referencing this Agreement in the form provided by the Company; (c) you shall remain the contracting party with us and you shall be responsible for the payment of all applicable fees; and (cd) you shall retain full unconditional responsibility for all acts and omissions of your affiliates such persons and entities in relation to such access to and use of the Service Company Products and Services and you shall be liable for all acts and omissions of your affiliates Affiliates as if they were your own acts or omissions. An “Affiliate” for this purpose means any entity that controls, is controlled by, or is under common control with an entity, and as it pertains to you, such Affiliate must also form an integral part of your overall operations. All passwords and other access details provided by us to you are confidential and you shall ensure that all those with Permitted Access are aware of the confidential nature of such details;
4.1.7. use or access the Service Company Products and Services to create any products or services which may or do compete with the Service any Company Products and Services or any related or underlying software;
4.1.8. knowingly upload a virus or other harmful code to the Service Company Products and Services or use the Service Company Products and Services in a manner that violates applicable data protection and privacy laws and regulations;
4.1.9. to license, sell, resell (unless you have also entered into a Reseller Partner Agreement with the Company), rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service or underlying software available to any third party except those with Permitted Access;
4.1.10. disclose the results of any Service Company Product and Services or software program benchmark tests tests, reports, dashboards or related data to any third parties without 4methe Company’s prior written consent;
4.1.11. employ any measure intended to circumvent limitations to purchased Service Credits or licenses including user limitations; or (i) use automated means, such as bots or crawlers, to access any 4me Properties Company Products and Services or extract information therefrom (except such means as are expressly approved in advance in writing by 4methe Company) or from the 4me Company website;
4.1.12. use the Service Company Products and Services and the underlying software in any a manner not authorized by this Agreement or which will or may breach any laws, rules, regulations and/or codes which are legally binding and which are applicable to the use of the Service (and underlying software); and
4.1.13. use the Service Company Products and Services in any a manner or for a purpose not permitted by applicable export laws, regulations or sanctions; nor or export or re-export the Service to any country, region, organization or individual that is named as a restricted area or person on any applicable export laws, regulations or sanctions.
Appears in 1 contract
Samples: Customer Agreement
