Common use of Restrictions and Limitations Clause in Contracts

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 party customers, it being understood and agreed that the provision of any services or work product to non-academic or commercial third parties is not permitted. (c) Licensee shall not use the Software to practice the SWATH method as claimed in any valid claim of a patent belonging to the family WO2012035412 "DATA INDEPENDENT ACQUISITION OF PRODUCT ION SPECTRA AND REFERENCE SPECTRA LIBRARY MATCHING", unless Licensee has a valid copy of the Analyst® software installed or with the approval of the respective patent owner (which Licensee alone shall be responsible to obtain). Without limitation to Article 9(a), Licensor may from time to time communicate fur- ther use restrictions that may result under third party controlled patent claims known to Licensor via xxxxx://xxx.xxxxxxxxx.xxx/general-software-license.

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 party customers, it being understood and agreed that the provision of any services or work product to non-academic or commercial third parties is not permitted. (c) Licensee shall not use the Software to practice the SWATH method as claimed in any valid claim of a patent belonging to the family WO2012035412 "DATA INDEPENDENT ACQUISITION ACQUI- SITION OF PRODUCT ION SPECTRA AND REFERENCE SPECTRA LIBRARY MATCHINGMATCH- ING", unless Licensee has a valid copy of the Analyst® software installed or with the approval ap- proval of the respective patent owner (which Licensee alone shall be responsible to obtain). Without limitation to Article 9(a), Licensor may from time to time communicate fur- ther further use restrictions that may result under third party controlled patent claims known to Licensor via xxxxx://xxx.xxxxxxxxx.xxx/general-software-license.

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 party customers, it being understood and agreed that the provision of any services or work product to non-academic or commercial third parties is not permitted. (c) Licensee shall not use the Software to practice the SWATH method as claimed in any valid claim of a patent belonging to the family WO2012035412 "DATA INDEPENDENT ACQUISITION OF PRODUCT ION SPECTRA AND REFERENCE SPECTRA LIBRARY MATCHING", unless Licensee has a valid copy of the Analyst® software installed or with the approval of the respective patent owner (which Licensee alone shall be responsible to obtain). Without limitation to Article 9(a), Licensor may from time to time communicate fur- ther use restrictions that may result under third party controlled patent claims known to Licensor via xxxxx://xxx.xxxxxxxxx.xxx/general-software-license.