Common use of Restrictions of Use Clause in Contracts

Restrictions of Use. 6.1 The Customer shall not, and shall take all reasonable steps to ensure that any User does not, upload, access, store, distribute or transmit any viruses, or any material during the course of its use of the Purchased Service that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) is in breach of applicable legislation in respect to obscenity or indecency; (d) promotes violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or (f) causes damage or injury to any person or property. Element reserves the right, without liability to the Customer, to disable the Customer’s access to the Purchased Service as a result of a breach of the provisions of this clause, or where there has been unauthorised or suspected fraudulent or otherwise suspicious activity related to the Customer’s use of the Purchased Service. 6.2 Except to the extent expressly permitted under this Agreement and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, reproduce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Purchased Service whether the same constitute Element Proprietary Materials (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Element Proprietary Materials; or (b) access all or any part of the Element Proprietary Materials in order to build a product or service which competes with the Element Proprietary Materials; or (c) use the Element Proprietary Materials to provide services to third parties or offer any part of the Element Proprietary Materials for sale or distribution over any other medium; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Element Proprietary Materials and/or Documentation available to anyone except the Users; or (e) attempt to obtain, or assist third parties in obtaining, access to the Element Proprietary Materials; or (f) permit any third party to benefit from the use or functionality of the Element Proprietary Materials.

Restrictions of Use. 6.1 3.1 The Customer customer shall not, and shall take all reasonable reasona- ble steps to ensure that any User does its users do not, upload, access, store, distribute or transmit any viruses, or any material mate-rial during the course of its use of the Purchased Service ESS that: : (a) is unlawfulunlaw- ful, harmful, threatening, defamatory, obscene, infringinginfring- ing, harassing or racially or ethnically offensiveoffen-sive; (b) facilitates fa- cilitates illegal activity; (c) is in breach of applicable legislation in respect to obscenity or indecencyinde-cency; (d) promotes pro- xxxxx violence; (e) is discriminatory based on race, gendergen- der, colour, religious belief, sexual orientation, disabilitydisabil- ity, or any other illegal activity; or (f) causes damage or injury to any person or property. Element reserves the right, without liability to the Customer, to disable the Customer’s access to the Purchased Service as a result of a breach of the provisions of this clause, or where there has been unauthorised or suspected fraudulent or otherwise suspicious activity related to the Customer’s use of the Purchased Service. 6.2 3.2 Except to the extent expressly permitted under this Agreement that it has a contractual right to do so and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, reproducerepro-duce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute dis- tribute all or any portion of the Purchased Service whether the same constitute Element Proprietary Materials (as applicable) ESS in any form or media me- dia or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to humanhu- man-perceivable form all or any part of the Element Proprietary MaterialsESS; or (b) access all or any part of the Element Proprietary Materials ESS in order to build a product prod- uct or service which competes with the Element Proprietary MaterialsESS; or (c) use the Element Proprietary Materials ESS to provide services to third parties or offer any part of the Element Proprietary Materials ESS for sale or distribution over any other medium; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise other-wise make the Element Proprietary Materials and/or Documentation ESS available to anyone except the Usersits per-mitted users; or (e) attempt to obtain, or assist third parties in obtaining, access to the Element Proprietary MaterialsESS; or (f) permit any third party to benefit from the use or functionality func- tionality of the Element Proprietary MaterialsESS.

Restrictions of Use. 6.1 The Customer customer shall not, and shall take all reasonable reasona- ble steps to ensure that any User does its users do not, upload, access, store, distribute or transmit any viruses, or any material mate- rial during the course of its use of the Purchased Service ESS that: : (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensiveoffen- sive; (b) facilitates illegal activity; (c) is in breach of applicable legislation in respect to obscenity or indecencyinde- cency; (d) promotes violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or or (f) causes damage or injury to any person or property. Element reserves the right, without liability to the Customer, to disable the Customer’s access to the Purchased Service as a result of a breach of the provisions of this clause, or where there has been unauthorised or suspected fraudulent or otherwise suspicious activity related to the Customer’s use of the Purchased Service. 6.2 Except to the extent expressly permitted under this Agreement that it has a contractual right to do so and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, reproducerepro- duce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Purchased Service whether the same constitute Element Proprietary Materials (as applicable) ESS in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Element Proprietary MaterialsESS; or (b) access all or any part of the Element Proprietary Materials ESS in order to build a product or service which competes with the Element Proprietary MaterialsESS; or (c) use the Element Proprietary Materials ESS to provide services to third parties or offer any part of the Element Proprietary Materials ESS for sale or distribution over any other medium; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise other- wise make the Element Proprietary Materials and/or Documentation ESS available to anyone except the Usersits per- mitted users; or (e) attempt to obtain, or assist third parties in obtaining, access to the Element Proprietary MaterialsESS; or (f) permit any third party to benefit from the use or functionality of the Element Proprietary MaterialsESS.