Restrictions and Limitations. (a) The Trust shall not lend assets of the Trust to any officer or Trustee of the Trust or to any officer, director, or stockholder (or partner of a stockholder) of, or person financially interested in, the investment adviser or any underwriter of the Trust, or to the investment adviser of the Trust or to any underwriter of the Trust.
(b) The Trust shall not restrict the transferability or negotiability of the shares of the Trust, except in conformity with the statements with respect thereto contained in the Trust's Registration Statement, and not in contravention of such rules and regulations as the SEC may prescribe.
(c) The Trust shall not permit any officer or Trustee of the Trust, or any officer, director, or stockholder (or partner of a stockholder) of the investment adviser or any underwriter of the Trust to deal for or on behalf of the Trust with himself as principal or agent, or with any partnership, association or trust in which he has a financial interest; provided that the foregoing provisions shall not prevent, to the extent consistent with applicable securities laws: (1) officers and Trustees of the Trust from buying, holding, redeeming, or selling shares in the Trust, or from being officers, directors, or stockholders (or partners of a stockholder) of or otherwise financially interested in the investment adviser or any underwriter of the Trust; (2) purchases or sales of securities or other property by the Trust from or to an affiliated person or to the investment adviser or any underwriter of the Trust, if such transactions are not prohibited by the 1940 Act or have been exempted by SEC order from the prohibitions of the 1940 Act; (3) purchases of investments for the portfolio of the Trust through a securities dealer who is, or one or more of whose partners, stockholders, officers, or directors is, an officer or Trustee of the Trust, if such transactions are handled in the capacity of broker only and commissions charged do not exceed customary brokerage charges for such services; (4) employment of legal counsel, registrar, transfer agent, dividend disbursing agent, or custodian who is, or has a partner, stockholder, officer, or director who is, an officer or Trustee of the Trust, if only customary fees are charged for services to the Trust; (5) sharing statistical research, legal and management expenses and office hire and expenses with any other investment company in which an officer or Trustee of the Trust is an officer, trustee, or direct...
Restrictions and Limitations. The amount of eligibility for benefits referred to herein are subject to the terms and conditions of the contract of the Insurer providing such benefits. Any dispute as to entitlement to benefits provided under the contract is between the employee and the Insurer. Certain limitations and exclusions for coverage may apply. Insurable benefits payable under OHIP or other Medicare plan equivalent to OHIP from another province or territory shall not be payable under the Health Plan.
Restrictions and Limitations. The Executive hereby accepts the Performance Share Grant and agrees to the following restrictions and conditions.
Restrictions and Limitations. 3.1 Except as permitted by applicable mandatory law you may not (i) decompile, reverse engineer, or disassemble the App; (ii) modify, rent, lease, loan, distribute, sublicense, create derivative works of, communicate and/or make the App available to the public; (iii) let any third-party access, install and/or use the App for any purpose including without limitation any outsourcing, hosting, business process outsourcing or any other arrangements pursuant to which any third- party accesses, installs and/or uses the App for any purpose.
3.2 To use the App on a subscription basis you must have and maintain an Internet connection allowing for communication between your equipment and Capture One’ equipment via the Internet for the purpose of Capture One being able to validate and reconfirm your valid subscription license including payment of applicable subscription license fees from time to time during the subscription period. You are solely responsible for establishing and maintaining an Internet connection throughout the subscription period including paying all costs incurred in this respect.
3.3 You may not use the App in any application or situation where any failure of the App could lead directly or indirectly to death, personal injury, or severe physical or environmental damage, including without limitation using the App for controlling the operation of equipment in any nuclear facilities; aircraft navigation, communications or flight control systems; air traffic control systems; mass transit systems; applicable medical equipment; or weapons systems.
3.4 Capture One may apply technical protection measures of whatsoever nature to ensure compliance with this Agreement, e.g. by utilizing licensing restriction mechanisms built-in to the relevant mobile application platforms and/or Relevant App Stores.
3.5 This Agreement only grants you limited rights to install and use the App and Capture One reserves all rights not explicitly granted.
Restrictions and Limitations. (a) The license grant under Article 3.1 shall not include any rights other than those expressly set forth in Article 3.1 and it shall, in particular and without limitation to the generality of the foregoing, exclude the right (i) to make any use of the Licensed Materials that is not the Agreed Use or that is not any of the intended uses of the Licensed Materials, as provided for in the Documentation and the standard functionalities of the Software; (ii) to make any use of the Licensed Materials for the purpose of offering, directly or indirectly, any products or services that compete with any of Licensor's business, own products or services to third parties; (iii) to make any use of the Licensed Materials in a clinical diagnostic setting, to provide a diagnostic service or product, or to otherwise use the Licensed Materials for clin- ical diagnostic purposes; (iv) to make any amendment or modification to or to create any derivative work of the Licensed Materials or any part thereof; (v) to make the Licensed Materials or any part thereof available to any third party (other than, in case of an Multi System Site License, a Single System License or a Single System View-Only License, to Licensee's own employees on a need-to-know basis in accordance with this Agreement);
(vi) to reverse engineer, decompile, decrypt, disassemble the Software or any part thereof (except as may be permitted under mandatory applicable law); and (vii) to remove or alter any copyright notice or other proprietary rights notices placed on or embedded in the Li- censed Materials or any part thereof. Further, Licensee shall not make any unlawful use of the Licensed Materials.
(b) Unless as expressly set forth otherwise in Article 3.1, the Parties agree that the rights granted under an Academic Single System License, a Single System License, or a Single System View-Only License do, in each case, not include the right to make any use of the Licensed Materials for or on behalf of any third party (e.g., such as for providing any kind of services or work product, whether for commercial purposes or otherwise, to third parties which involve, in their provision or preparation, any use of the Licensed Materials). Such right shall, subject to the restrictions and limitations set forth otherwise in Article 3.2, be deemed included only in the Multi System License and only provided that the respective services or work product is offered and provided by Licensee solely to non-commercial academic third ...
Restrictions and Limitations. So long as any shares of the Series B Preferred Stock remain outstanding, the Corporation may not, without the vote or written consent by the holders of a majority of the outstanding shares of the Series B Preferred Stock, voting as a separate class:
a. Effect any sale, license, conveyance, exchange or transfer of all or substantially all of the assets of the Corporation or take any other action which will result in the holders of the Corporation's capital stock prior to the transaction owning less than 50% of the voting power of the Corporation's capital stock after the transaction; or
b. Amend or otherwise change the Corporation's Articles of Incorporation, bylaws or certificate of designation of any stock; or
c. Change the nature of the business of the Corporation or any of its subsidiaries; or
d. Make any distributions on, or redemption of, any capital stock, other than distributions or redemptions made pursuant to the certificates of designations of the Series A Preferred Stock, the Series B Preferred Stock or the Series C $100 Redeemable 9% Convertible Preferred Stock; or
e. Authorize, issue, obligate itself to issue, or agree to the authorization or issuance by any of the subsidiaries of the Corporation of, any capital stock or securities convertible into or exercisable for any capital stock, other than issuance of the Common Stock upon the conversion of shares of the Corporation's preferred stock or upon the exercise of any options or warrants which have been disclosed to the Holder in that certain Securities Purchase Agreement between the Corporation and the Holder dated as of even date herewith; or
f. Make acquisitions of fixed assets or capital stock or capital expenditures, except for the purchase of inventory or other assets in the ordinary course of business, in any 12-month period during which the aggregate amount of all such transactions exceeding $100,000; or
g. Enter into any credit facility or issue any debt, except for increases in debt under existing credit facilities as of the date hereof and the increase of trade credit or accounts payable in the ordinary course of business, involving any amount exceeding $100,000 in a single transaction or a series of transactions; or
h. Increase the number of directors on the Board above five; or
i. Enter into any transaction with any affiliate (as such term is used in Rule 144 promulgated pursuant to the Securities Act of 1933, as amended) of the Corporation or modify any existing agreement or und...
Restrictions and Limitations. You agree you will not use the Mobile Deposit Service to deposit any of the following Items: ● Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into. ● Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn. ● Checks payable jointly, unless deposited into an account in the name of all payees. ● Checks previously converted to a substitute check, as defined in Reg. CC. ● Checks drawn on a financial institution located outside the United States. ● Checks that are remotely created checks, as defined in Reg. CC. ● Checks not payable in United States currency. ● Checks dated more than six (6) months prior to the date of deposit. ● Checks or items prohibited by Aspiration’s current procedures relating to Mobile Deposit Service or which are otherwise not acceptable under the terms of your Account. ● Checks payable on sight or payable through drafts. ● Checks with any endorsement on the back other than that specified in the Customer Account Agreement or this Addendum. ● Checks that have previously been submitted through Mobile Deposit Service or through a mobile deposit capture service offered at any other financial institution.
Restrictions and Limitations. Shares of Series A Preferred Stock shall be subject to the restrictions and limitations set forth in Article VI of the Charter.
Restrictions and Limitations. You agree not use the Mobile Deposit Service to deposit any of the following Items:
a. Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
b. Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
c. Checks payable jointly, unless deposited into an account in the name of all payees.
d. Checks previously converted to a substitute check, as defined in Reg. CC.
e. Checks drawn on a financial institution located outside the United States.
f. Checks that are remotely created checks, as defined in Reg. CC.
g. Checks not payable in United States currency.
h. Checks dated more than 6 months prior to the date of deposit.
i. Checks or items prohibited by FMB's current procedures relating to Mobile Deposit or which are otherwise not acceptable under the terms of your FMB account.
j. Checks payable on sight or payable through Drafts.
k. Checks with any endorsement on the back other than that specified in this agreement.
l. Checks that have previously been submitted through Mobile Deposit or through a Mobile deposit capture service offered at any other financial institution.
m. Checks or items that are drawn or otherwise issued by the n. U.S. Treasury Department
Restrictions and Limitations. (i) Reseller may not use the Licensed IP on the Internet (except to identify itself to consumers as an “Authorized Reseller of Navico Products,” using the format provided or approved by Navico).
(ii) Reseller shall ensure that the Licensed IP is: (a) used in conjunction with the ® or TM designations as directed by Navico; (b) not modified in any manner without the prior written consent of Navico; (c) used alone without any other terms, marks, or designs which may detract from the Licensed IP; and (d) displayed according to specifications which Navico may provide or amend from time to time.
(iii) Reseller shall perform all acts requested by Navico to ensure that the nature and quality of Reseller’s use of the Licensed IP is consistent with and does not detract from the goodwill associated with the Licensed IP. Reseller is specifically prohibited from registering or using any domain name containing any of Navico’s trademarks.
(iv) Reseller shall have no right, title, or interest in the Licensed IP. All use of the Licensed IP and the goodwill associated therewith shall inure to the benefit of Navico. Reseller shall not do anything inconsistent with Navico’s ownership of the Licensed IP, including, but not limited to, using, causing or permitting another party to use the Licensed IP as any part of a uniform resource locator (“URL”), meta data tag, or as a keyword or search engine term. Reseller shall not, during the Term or thereafter, challenge the validity of the Licensed IP or Navico’s title to or rights in the Licensed IP.
(v) Reseller shall not use the Licensed IP in a manner that disparages Navico or the Products, blurs, dilutes or otherwise diminishes the Licensed IP, or portrays Navico or the Products in a false, competitively adverse or poor light.
(vi) Except for a sixty (60) day sell-through period from the date of termination of this Agreement, upon termination of this Agreement Reseller shall immediately discontinue and abandon its use of the Licensed IP, shall cease to advertise or represent itself as an Authorized Reseller, and shall cease to market, advertise, offer to sell, and/or sell the Products. Reseller must promptly return to Navico all Confidential Information (as defined in Section 15 below) including, but not limited to, all documents and information concerning prices, marketing, advertising and promotional activities.
(vii) Reseller shall promptly inform Navico of any action or conduct of any person which may infringe upon any of Nav...
