Common use of Restrictions on License Grant Clause in Contracts

Restrictions on License Grant. Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of TalentCare or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties: a. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement; b. You shall not republish, upload, post, transmit or distribute the Service or the Content in any way; c. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content; d. You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device; e. You shall not access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes; f. You shall not access the Service if you sell or provide any service, software, or product that may compete with TalentCare’s services, software, or products (a “Competitor”); g. You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of TalentCare or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; h. You shall not attempt to probe, scan or test the vulnerability of a system, account or network of TalentCare or any of its customers or suppliers, any TalentCare product or service, or those of any other party; i. You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software; j. You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to TalentCare or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity; k. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information; l. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any TalentCare (or TalentCare supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any TalentCare (or TalentCare supplier) facilities used to deliver the Service; and m. You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service. Because of the difficulty associated with quantifying damages, in addition to any other damages to which TalentCare may be entitled, if actual damages cannot be reasonably calculated then you agree to pay TalentCare liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay TalentCare’s actual damages, to the extent such actual damages can be reasonably calculated.

Restrictions on License Grant. Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of TalentCare or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties: a. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement; b. You shall not republish, upload, post, transmit or distribute the Service or the Content in any way; c. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content; d. You shall not provide, any Protected Health Information (“PHI”) as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or Sensitive Personal Information (“SPI”) consisting of date of birth, social security number, driver’s license or other state-issued identification number, or financial account information into or through the Service; e. You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device; e. f. You shall not access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes; f. g. You shall not access the Service if you sell or provide any service, software, or product that may compete with TalentCare’s services, software, or products (a “Competitor”); g. h. You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of TalentCare or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; h. i. You shall not attempt to probe, scan or test the vulnerability of a system, account or network of TalentCare or any of its customers or suppliers, any TalentCare product or service, or those of any other party; i. j. You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software; j. k. You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to TalentCare or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity; k. l. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information; l. m. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any TalentCare (or TalentCare supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any TalentCare (or TalentCare supplier) facilities used to deliver the Service; and; m. n. You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and o. You shall not knowingly use the Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights. Because of the difficulty associated with quantifying damages, in addition to any other damages to which TalentCare may be entitled, if actual damages cannot be reasonably calculated then you agree to pay TalentCare liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay TalentCare’s actual damages, to the extent such actual damages can be reasonably calculated.

Restrictions on License Grant. Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of TalentCare Talentcare or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties: a. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement; b. You shall not republish, upload, post, transmit or distribute the Service or the Content in any way; c. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content; d. You shall not provide, any Protected Health Information (“PHI”) as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or Sensitive Personal Information (“SPI”) consisting of date of birth, social security number, driver’s license or other state- issued identification number, or financial account information into or through the Service; e. You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device; e. f. You shall not access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes; f. g. You shall not access the Service if you sell or provide any service, software, or product that may compete with TalentCareTalentcare’s services, software, or products (a “Competitor”); g. h. You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of TalentCare Talentcare or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; h. i. You shall not attempt to probe, scan or test the vulnerability of a system, account or network of TalentCare Talentcare or any of its customers or suppliers, any TalentCare Talentcare product or service, or those of any other party; i. j. You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software; j. k. You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to TalentCare Talentcare or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity; k. l. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information; l. m. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any TalentCare Talentcare (or TalentCare Talentcare supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any TalentCare Talentcare (or TalentCare Talentcare supplier) facilities used to deliver the Service; and; m. n. You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and o. You shall not knowingly use the Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights. Because of the difficulty associated with quantifying damages, in addition to any other damages to which TalentCare Talentcare may be entitled, if actual damages cannot be reasonably calculated then you agree to pay TalentCare Talentcare liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay TalentCareTalentcare’s actual damages, to the extent such actual damages can be reasonably calculated.

Restrictions on License Grant. Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of TalentCare the Centaland Trust or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties: a. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “"Content”") or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement; b. You shall not copy, reproduce, republish, upload, post, transmit or distribute the Service or the Content in any way; c. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content; d. You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “"links” " to the Service or “"frame” " or “"mirror” " the Service on any other server or wireless or Internet-based device; e. You shall not access the Service for any reason, including without limitation, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes; f. You shall not access the Service if you sell or provide any service, software, or product that may compete with TalentCareCentaland Trust’s services, software, or products products, which include, but are not limited to, real estate referral systems and services (a “"Competitor”");; Page2 g. You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of TalentCare the Centaland Trust or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; h. You shall not attempt to probe, scan or test the vulnerability of a system, account or network of TalentCare the Centaland Trust or any of its customers or suppliers, any TalentCare Centaland product or service, or those of any other party; i. You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “"crack,” " or make unauthorized changes to, the software; j. You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-e- mail headers; collect responses from unsolicited bulk messages, falsify references to TalentCare the Centaland Trust or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s 's digital or manual signature, or perform any other similar fraudulent activity; k. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ' ability to use, send, or retrieve information; l. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any TalentCare Centaland Trust (or TalentCare Centaland Trust supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any TalentCare Centaland Trust (or TalentCare Centaland Trust supplier) facilities used to deliver the Service; and; m. You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and n. You shall not knowingly: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights. Page3 Because of the difficulty associated with quantifying damages, in addition to any other damages to which TalentCare Centaland Trust may be entitled, if actual damages cannot be reasonably calculated then you agree to pay TalentCare Centaland Trust liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay TalentCareCentaland Trust’s actual damages, to the extent such actual damages can be reasonably calculated.