Common use of THE APPLICATION Clause in Contracts

THE APPLICATION. 2.1 In consideration of the Client’s acceptance of this Agreement and the Client’s payment of the Fees set out in the Order Form, Acolyte shall provide access to the Application and hereby grants to the Client a non-exclusive and non-transferable Licence to use the Application on the terms set out in this Agreement. The rights provided under this clause are granted to the Client and to any other entity within the Client’s group of companies. 2.2 The Licence permits the Client to: 2.2.1 access and use the Application solely for their own internal business purposes and the purpose of assisting with its staffing needs; 2.2.2 access and use Insight Reports, as set out in the Order Form. 2.3 This Agreement shall not prevent Acolyte from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement. 2.4 Acolyte shall use reasonable endeavours to make the Application available at all times except during times of scheduled maintenance. Acolyte shall at all times use all reasonable endeavours to keep any service interruptions to a minimum and achieve the Service Levels. If Acolyte fails to meet a Service Level then, without prejudice to the remainder of this clause Acolyte shall use all reasonable endeavours to minimise the impact of such failure on the Client, and prevent such failure from recurring. 2.5 Acolyte warrants that: 2.5.1 The Application: (i) was developed in accordance with Good Industry Practice; (ii) complies with all applicable laws and regulations with respect to its functioning under this Agreement; and (iii) not infringe upon any Intellectual Property Rights of any third party. 2.5.2 it will use Good Industry Practice in compiling Intelligence Reports and Insight Reports; and 2.5.3 it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 2.6 If Acolyte receives written notice of any breach of warranty from the Client by Acolyte, then Acolyte shall at its own expense and within a reasonable time but no longer than 60 days (unless otherwise agreed by the Client) after receiving the notice use reasonable endeavours to remedy the defect in question. When notifying a defect the Client shall (so far as it is able) provide Acolyte with a documented example. 2.7 Except as expressly provided in this Agreement no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, performance, satisfactory quality or (in spite of anything contained in any Schedule) fitness for purpose of the Application is given by Acolyte and all such warranties, conditions, undertakings and terms are excluded. 2.8 Acolyte will have no obligation for any failure of the Application to operate substantially in accordance with this Agreement if the failure: 2.8.1 is due to a breach by the Client of this Agreement; 2.8.2 is caused by the Client’s negligence, abuse, misapplication, or misuse of the Application; 2.8.3 relates to or arises from the Client’s own computer equipment or computing environment; 2.8.4 cannot be remedied using commercially reasonable endeavours. 2.9 The Client understands that the Application is not accessible offline, and the Client shall remain responsible for being able to access the internet. The Client must ensure that its computer equipment and any third party software upon which the Application relies (such as an internet browser) are not malfunctioning in a way that adversely affects the operation of the Application. Acolyte will provide all reasonable assistance to Client to ensure Client can comply with this clause 2.9. 2.10 The Client shall reasonably co-operate with Acolyte’s personnel in the diagnosis of any error or defect in the Application to the extent necessary to enable Acolyte to perform its obligations under this Agreement. 2.11 Acolyte represents and warrants that the servers upon which the Application is hosted have been scanned for Malware using reputable commercially- available Malware-detection devices and software on a regular basis, and any detected Malware shall be promptly dealt with. 2.12 The Client is responsible for taking commercially reasonable measures to prevent Malware from entering its systems and to ensure the security of its systems and its access to and connection with the Application. 2.13 The Client shall not, and shall not allow any Authorised User or third party to, in whole or in part: 2.13.1 use the Application, Intelligence Reports or Insight Reports for the purposes of revenue generation on its own account, for instance through re-sale of Intelligence Reports, either during the Term or afterwards; 2.13.2 (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties) alter, adapt, merge, modify, port, translate, decompile, disassemble, create derivative works from or reverse engineer the Application, or otherwise attempt to derive the source code or engage in any other activities to obtain underlying information that is not visible to a user in connection with normal use of the Application, or make any copy of the Application or any part thereof in any form; 2.13.3 transfer, sublicense, rent, lease, distribute, sell, or grant any rights or otherwise commercially exploit, or make the Application or the Intelligence Reports available to anyone, except as expressly permitted; 2.13.4 use the Application or Intelligence Reports to provide services to third parties; 2.13.5 publicise or distribute any registration code algorithms, information or registration codes used by the Application or knowingly take any action that would cause any element of the Application to be placed in the public domain, except as expressly permitted; 2.13.6 gain or attempt to gain unauthorised access to the Application; 2.13.7 remove any proprietary notices or marks from the Application or Intelligence Reports or Insight Reports; 2.13.8 use or access the Application to build or commission a software application or process that competes with the Application; or 2.13.9 engage in any activity which would be unlawful or would constitute a breach of any applicable law or regulation or result in Acolyte being in a breach of any application law or regulation; 2.13.10 attempt to interfere with the proper functioning of the Application or attempt to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of, the Application, including transmitting any Malware; 2.13.11 attempt to circumvent, disable, or otherwise interfere with security- related features of the Application or features that enforce limitations on use of the Application. 2.13.12 access, store, distribute or transmit any Malware, or any material during the course of its use of the Application that are illegal or cause damage or injury to any person or property including the Application. 2.14 Acolyte reserves the right, without liability or prejudice to its other rights to the Client, to suspend or disable the Client’s access to the Application where there is evidence that the Client is in breach of the provisions of this clause.

THE APPLICATION. 2.1 In consideration of the Client’s acceptance of this Agreement and the Client’s payment of the Fees set out in the Order Form, Acolyte shall provide access to the Application and hereby grants to the Client a non-exclusive and non-transferable Licence to use the Application on the terms set out in this Agreement. The rights provided under this clause are granted to the Client and to any other entity within the Client’s group of companies. 2.2 The Licence permits the Client to: 2.2.1 access Access and use the Application solely for their own internal business purposes and the purpose of assisting with its staffing needs;. 2.2.2 access Access and use Insight Reports, as set out in the Order Form. 2.3 This Agreement shall not prevent Acolyte from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement. 2.4 Acolyte shall use reasonable endeavours to make the Application available at all times except during times of scheduled maintenance. Acolyte shall at all times use all reasonable endeavours to keep any service interruptions to a minimum and achieve the Service Levels. If Acolyte fails to meet a Service Level then, without prejudice to the remainder of this clause Acolyte shall use all reasonable endeavours to minimise the impact of such failure on the Client, and prevent such failure from recurring. 2.5 Acolyte warrants that: 2.5.1 The Application: (ia) was Was developed in accordance with Good Industry Practice; (iib) complies Complies with all applicable laws and regulations with respect to its functioning under this Agreement; and (iiic) not Not infringe upon any Intellectual Property Rights of any third party. 2.5.2 it It will use Good Industry Practice in compiling Intelligence Reports and Insight Reports; and 2.5.3 it It has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 2.6 If Acolyte receives written notice of any breach of warranty from the Client by Acolyte, then Acolyte shall at its own expense and within a reasonable time but no longer than 60 days (unless otherwise agreed by the Client) after receiving the notice use reasonable endeavours to remedy the defect in question. When notifying a defect the Client shall (so far as it is able) provide Acolyte with a documented example. 2.7 Except as expressly provided in this Agreement no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, performance, satisfactory quality or (in spite of anything contained in any Schedule) fitness for purpose of the Application is given by Acolyte and all such warranties, conditions, undertakings and terms are excluded. 2.8 Acolyte will have no obligation for any failure of the Application to operate substantially in accordance with this Agreement if the failure: 2.8.1 is Is due to a breach by the Client of this Agreement; 2.8.2 is Is caused by the Client’s negligence, abuse, misapplication, or misuse of the Application; 2.8.3 relates Relates to or arises from the Client’s own computer equipment or computing environment; 2.8.4 canCannot be remedied using commercially reasonable endeavours. 2.9 The Client understands that the Application is not accessible offline, and the Client shall remain responsible for being able to access the internet. The Client must ensure that its computer equipment and any third party software upon which the Application relies (such as an internet browser) are not malfunctioning in a way that adversely affects the operation of the Application. Acolyte will provide all reasonable assistance to Client to ensure Client can comply with this clause 2.9. 2.10 The Client shall reasonably co-operate with Acolyte’s personnel in the diagnosis of any error or defect in the Application to the extent necessary to enable Acolyte to perform its obligations under this Agreement. 2.11 Acolyte represents and warrants that the servers upon which the Application is hosted have been scanned for Malware using reputable commercially- available Malware-detection devices and software on a regular basis, and any detected Malware shall be promptly dealt with. 2.12 The Client is responsible for taking commercially reasonable measures to prevent Malware from entering its systems and to ensure the security of its systems and its access to and connection with the Application. 2.13 The Client shall not, and shall not allow any Authorised User or third party to, in whole or in part: 2.13.1 use Use the Application, Intelligence Reports or Insight and Reports for the purposes of revenue generation on its own account, for instance through re-sale of Intelligence Reports, either during the Term or afterwardsReports at any time; 2.13.2 (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties) alter, adapt, merge, modify, port, translate, decompile, disassemble, create derivative works from or reverse engineer the Application, or otherwise attempt to derive the source code or engage in any other activities to obtain underlying information that is not visible to a user in connection with normal use of the Application, or make any copy of the Application or any part thereof in any form; 2.13.3 transferTransfer, sublicense, rent, lease, distribute, sell, or grant any rights or otherwise commercially exploit, or make the Application or the Intelligence Reports available to anyone, except as expressly permitted; 2.13.4 use Use the Application or Intelligence Reports to provide services to third parties; 2.13.5 publicise Publicise or distribute any registration code algorithms, information or registration codes used by the Application or knowingly take any action that would cause any element of the Application to be placed in the public domain, except as expressly permitted; 2.13.6 gain Gain or attempt to gain unauthorised access to the Application; 2.13.7 remove Remove any proprietary notices or marks from the Application or Intelligence Reports or Insight Reports; 2.13.8 use Use or access the Application to build or commission a software application or process that competes with the Application; or 2.13.9 engage Engage in any activity which would be unlawful or would constitute a breach of any applicable law or regulation or result in Acolyte being in a breach of any application law or regulation; 2.13.10 attempt Attempt to interfere with the proper functioning of the Application or attempt to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of, the Application, including transmitting any Malware; 2.13.11 attempt Attempt to circumvent, disable, or otherwise interfere with security- related features of the Application or features that enforce limitations on use of the Application.; 2.13.12 accessAccess, store, distribute or transmit any Malware, or any material during the course of its use of the Application that are illegal or cause damage or injury to any person or property including the Application. 2.14 Acolyte reserves the right, without liability or prejudice to its other rights to the Client, to suspend or disable the Client’s access to the Application where there is evidence that the Client is in breach of the provisions of this clause.

THE APPLICATION. 2.1 In consideration of the Client’s acceptance of this Agreement and the Client’s payment of the Fees set out in the Order Form, Acolyte shall provide access to the Application and hereby grants to the Client a non-exclusive and non-transferable Licence to use the Application on the terms set out in this Agreement. The rights provided under this clause are granted to the Client and to any other entity within the Client’s group of companies. 2.2 The Licence permits the Client to: 2.2.1 access Access and use the Application solely for their own internal business purposes and the purpose of assisting with its staffing assistingwithitsstaffing needs; 2.2.2 access Access and use Insight Reports, as set out in the Order Form. 2.3 This Agreement shall not prevent Acolyte from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement. 2.4 Acolyte shall use reasonable endeavours to make the Application available at all times except during times of scheduled maintenance. Acolyte shall at all times use all reasonable endeavours to keep any service interruptions to a minimum and achieve the Service Levels. If Acolyte fails to meet a Service Level then, without prejudice to the remainder of this clause Acolyte shall use all reasonable endeavours to minimise the impact of such failure on the Client, and prevent such failure from recurring. 2.5 Acolyte warrants that: 2.5.1 The Application: (ia) was Was developed in accordance with Good Industry Practice; (iib) complies Complies with all applicable laws and regulations with respect to its functioning under this Agreement; and (iiic) not Not infringe upon any Intellectual Property Rights of any third party. 2.5.2 it It will use Good Industry Practice in compiling Intelligence Reports and Insight Reports; and 2.5.3 it It has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 2.6 If Acolyte receives written notice of any breach of warranty from the Client by Acolyte, then Acolyte shall at its own expense and within a reasonable time but no longer than 60 days (unless otherwise agreed by the Client) after receiving the notice use reasonable endeavours to remedy the defect in question. When notifying a defect the Client shall (so far as it is able) provide Acolyte with a documented example. 2.7 Except as expressly provided in this Agreement no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, performance, satisfactory quality or (in spite of anything contained in any Schedule) fitness for purpose of the Application is given by Acolyte and all such warranties, conditions, undertakings and terms are excluded. 2.8 Acolyte will have no obligation for any failure of the Application to operate substantially in accordance with this Agreement if the failure: 2.8.1 is Is due to a breach by the Client of this Agreement; 2.8.2 is Is caused by the Client’s negligence, abuse, misapplication, or misuse of the Application; 2.8.3 relates Relates to or arises from the Client’s own computer equipment or computing environment; 2.8.4 canCannot be remedied using commercially reasonable endeavours. 2.9 The Client understands that the Application is not accessible offline, and the Client shall remain responsible for being able to access the internet. The Client must ensure that its computer equipment and any third party software upon which the Application relies (such as an internet browser) are not malfunctioning in a way that adversely affects the operation of the Application. Acolyte will provide all reasonable assistance to Client to ensure Client can comply with this clause 2.9. 2.10 The Client shall reasonably co-operate with Acolyte’s personnel in the diagnosis of any error or defect in the Application to the extent necessary to enable Acolyte to perform its obligations under this Agreement. 2.11 Acolyte represents and warrants that the servers upon which the Application is hosted have been scanned for Malware using reputable commercially- available Malware-detection devices and software on a regular basis, and any detected Malware shall be promptly dealt with. 2.12 The Client is responsible for taking commercially reasonable measures to prevent Malware from entering its systems and to ensure the security of its systems and its access to and connection with the Application. 2.13 The Client shall not, and shall not allow any Authorised User or third party to, in whole or in part: 2.13.1 use Use the Application, Intelligence Reports or Insight Reports for the purposes of revenue generation on its own account, for instance through re-sale of Intelligence Reports, either during the Term or afterwards; 2.13.2 (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties) alter, adapt, merge, modify, port, translate, decompile, disassemble, create derivative works from or reverse engineer the Application, or otherwise attempt to derive the source code or engage in any other activities to obtain underlying information that is not visible to a user in connection with normal use of the Application, or make any copy of the Application or any part thereof in any form; 2.13.3 transferTransfer, sublicense, rent, lease, distribute, sell, or grant any rights or otherwise commercially exploit, or make the Application or the Intelligence Reports available to anyone, except as expressly permitted; 2.13.4 use Use the Application or Intelligence Reports to provide services to third parties; 2.13.5 publicise Publicise or distribute any registration code algorithms, information or registration codes used by the Application or knowingly take any action that would cause any element of the Application to be placed in the public domain, except as expressly permitted; 2.13.6 gain Gain or attempt to gain unauthorised access to the Application; 2.13.7 remove Remove any proprietary notices or marks from the Application or Intelligence Reports or Insight Reports; 2.13.8 use Use or access the Application to build or commission a software application or process that competes with the Application; or 2.13.9 engage Engage in any activity which would be unlawful or would constitute a breach of any applicable law or regulation or result in Acolyte being in a breach of any application law or regulation; 2.13.10 attempt Attempt to interfere with the proper functioning of the Application or attempt to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of, the Application, including transmitting any Malware; 2.13.11 attempt Attempt to circumvent, disable, or otherwise interfere with security- related features of the Application or features that enforce limitations on use of the Application. 2.13.12 accessAccess, store, distribute or transmit any Malware, or any material during the course of its use of the Application that are illegal or cause damage or injury to any person or property including the Application. 2.14 Acolyte reserves the right, without liability or prejudice to its other rights to the Client, to suspend or disable the Client’s access to the Application where there is evidence that the Client is in breach inbreach of the provisions of this clause.

THE APPLICATION. 2.1 In consideration of the Client’s acceptance of this Agreement and the Client’s payment of the Fees set out in the Order Form, Acolyte shall provide access to the Application and hereby grants to the Client a non-exclusive and non-transferable Licence to use the Application on the terms set out in this Agreement. The rights provided under this clause are granted to the Client and to any other entity within the Client’s group of companies. 2.2 The Licence permits the Client to: 2.2.1 access Access and use the Application solely for their own internal business purposes and the purpose of assisting purposeofassisting with its staffing needsitsstaffingneeds; 2.2.2 access Access and use Insight Reports, as set out in the Order Form. 2.3 This Agreement shall not prevent Acolyte from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement. 2.4 Acolyte shall use reasonable endeavours to make the Application available at all times except during times of scheduled maintenance. Acolyte shall at all times use all reasonable endeavours to keep any service interruptions to a minimum and achieve the Service Levels. If Acolyte fails to meet a Service Level then, without prejudice to the remainder of this clause Acolyte shall use all reasonable endeavours to minimise the impact of such failure on the Client, and prevent such failure from recurring. 2.5 Acolyte warrants that: 2.5.1 The Application: (ia) was Was developed in accordance with Good Industry Practice; (iib) complies Complies with all applicable laws and regulations with respect to its functioning under this Agreement; and (iiic) not Not infringe upon any Intellectual Property Rights of any third party. 2.5.2 it It will use Good Industry Practice in compiling Intelligence Reports and Insight Reports; and 2.5.3 it It has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 2.6 If Acolyte receives written notice of any breach of warranty from the Client by Acolyte, then Acolyte shall at its own expense and within a reasonable time but no longer than 60 days (unless otherwise agreed by the Client) after receiving the notice use reasonable endeavours to remedy the defect in question. When notifying a defect the Client shall (so far as it is able) provide Acolyte with a documented example. 2.7 Except as expressly provided in this Agreement no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, performance, satisfactory quality or (in spite of anything contained in any Schedule) fitness for purpose of the Application is given by Acolyte and all such warranties, conditions, undertakings and terms are excluded. 2.8 Acolyte will have no obligation for any failure of the Application to operate substantially in accordance with this Agreement if the failure: 2.8.1 is Is due to a breach by the Client of this Agreement; 2.8.2 is Is caused by the Client’s negligence, abuse, misapplication, or misuse of the Application; 2.8.3 relates Relates to or arises from the Client’s own computer equipment or computing environment; 2.8.4 canCannot be remedied using commercially reasonable endeavours. 2.9 The Client understands that the Application is not accessible offline, and the Client shall remain responsible for being able to access the internet. The Client must ensure that its computer equipment and any third party software upon which the Application relies (such as an internet browser) are not malfunctioning in a way that adversely affects the operation of the Application. Acolyte will provide all reasonable assistance to Client to ensure Client can comply with this clause 2.9. 2.10 The Client shall reasonably co-operate with Acolyte’s personnel in the diagnosis of any error or defect in the Application to the extent necessary to enable Acolyte to perform its obligations under this Agreement. 2.11 Acolyte represents and warrants that the servers upon which the Application is hosted have been scanned for Malware using reputable commercially- available Malware-detection devices and software on a regular basis, and any detected Malware shall be promptly dealt with. 2.12 The Client is responsible for taking commercially reasonable measures to prevent Malware from entering its systems and to ensure the security of its systems and its access to and connection with the Application. 2.13 The Client shall not, and shall not allow any Authorised User or third party to, in whole or in part: 2.13.1 use the Application, Intelligence Reports or Insight Reports for the purposes of revenue generation on its own account, for instance through re-sale of Intelligence Reports, either during the Term or afterwards; 2.13.2 (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties) alter, adapt, merge, modify, port, translate, decompile, disassemble, create derivative works from or reverse engineer the Application, or otherwise attempt to derive the source code or engage in any other activities to obtain underlying information that is not visible to a user in connection with normal use of the Application, or make any copy of the Application or any part thereof in any form; 2.13.3 transfer, sublicense, rent, lease, distribute, sell, or grant any rights or otherwise commercially exploit, or make the Application or the Intelligence Reports available to anyone, except as expressly permitted; 2.13.4 use the Application or Intelligence Reports to provide services to third parties; 2.13.5 publicise or distribute any registration code algorithms, information or registration codes used by the Application or knowingly take any action that would cause any element of the Application to be placed in the public domain, except as expressly permitted; 2.13.6 gain or attempt to gain unauthorised access to the Application; 2.13.7 remove any proprietary notices or marks from the Application or Intelligence Reports or Insight Reports; 2.13.8 use or access the Application to build or commission a software application or process that competes with the Application; or 2.13.9 engage in any activity which would be unlawful or would constitute a breach of any applicable law or regulation or result in Acolyte being in a breach of any application law or regulation; 2.13.10 attempt to interfere with the proper functioning of the Application or attempt to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of, the Application, including transmitting any Malware; 2.13.11 attempt to circumvent, disable, or otherwise interfere with security- related features of the Application or features that enforce limitations on use of the Application. 2.13.12 access, store, distribute or transmit any Malware, or any material during the course of its use of the Application that are illegal or cause damage or injury to any person or property including the Application. 2.14 Acolyte reserves the right, without liability or prejudice to its other rights to the Client, to suspend or disable the Client’s access to the Application where there is evidence that the Client is in breach of the provisions of this clause.

THE APPLICATION. 2.1 In consideration of the Client’s acceptance of this Agreement and the Client’s payment of the Fees set out in the Order Form, Acolyte shall provide access to the Application and hereby grants to the Client a non-exclusive and non-transferable Licence to use the Application on the terms set out in this Agreement. The rights provided under this clause are granted to the Client and to any other entity within the Client’s group of companies. 2.2 The Licence permits the Client to: 2.2.1 access and use the Application solely for their own internal business purposes and the purpose of assisting with its staffing assistingwithitsstaffing needs; 2.2.2 2.2.1 access and use Insight Reports, as set out in the Order Form. 2.3 This Agreement shall not prevent Acolyte from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement. 2.4 Acolyte shall use reasonable endeavours to make the Application available at all times except during times of scheduled maintenance. Acolyte shall at all times use all reasonable endeavours to keep any service interruptions to a minimum and achieve the Service Levels. If Acolyte fails to meet a Service Level then, without prejudice to the remainder of this clause Acolyte shall use all reasonable endeavours to minimise the impact of such failure on the Client, and prevent such failure from recurring. 2.5 Acolyte warrants thatAcolytewarrantsthat: 2.5.1 The Application: (i) was developed in accordance with Good Industry Practice; (ii) complies with all applicable laws and regulations with respect to its functioning under this Agreement; and (iii) not infringe upon any Intellectual Property Rights of any third party. 2.5.2 it It will use Good Industry Practice in compiling useGoodIndustryPracticeincompiling Intelligence Reports and Insight Reports; and 2.5.3 it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 2.6 If Acolyte receives written notice of any breach of warranty from the Client by Acolyte, then Acolyte shall at its own expense and within a reasonable time but no longer than 60 days (unless otherwise agreed by the Client) after receiving the notice use reasonable endeavours to remedy the defect in question. When notifying a defect the Client shall (so far as it is able) provide Acolyte with a documented example. 2.7 Except as expressly provided in this Agreement no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, performance, satisfactory quality or (in spite of anything contained in any Schedule) fitness for purpose of the Application is given by Acolyte and all such warranties, conditions, undertakings and terms are excluded. 2.8 Acolyte will have no obligation for any failure of the Application to operate substantially in accordance with this Agreement if the failure: 2.8.1 is due to a breach by the Client of this Agreement; 2.8.2 is caused by the Client’s negligence, abuse, misapplication, or misuse of the Application; 2.8.3 relates to or arises from the Client’s own computer equipment or computing environment; 2.8.4 cannot be remedied using commercially reasonable endeavours. 2.9 The Client understands that the Application is not accessible offline, and the Client shall remain responsible for being able to access the internet. The Client must ensure that its computer equipment and any third party software upon which the Application relies (such as an internet browser) are not malfunctioning in a way that adversely affects the operation of the Application. Acolyte will provide all reasonable assistance to Client to ensure Client can comply with this clause 2.9. 2.10 The Client shall reasonably co-operate with Acolyte’s personnel in the diagnosis of any error or defect in the Application to the extent necessary to enable Acolyte to perform its obligations under this Agreement. 2.11 Acolyte represents and warrants that the servers upon which the Application is hosted have been scanned for Malware using reputable commercially- available Malware-detection devices and software on a regular basis, and any detected Malware shall be promptly dealt with. 2.12 The Client is responsible for taking commercially reasonable measures to prevent Malware from entering its systems and to ensure the security of its systems and its access to and connection with the Application. 2.13 The Client shall not, and shall not allow any Authorised User or third party to, in whole or in part: 2.13.1 use the Application, Intelligence Reports or Insight Reports for the purposes of revenue generation on its own account, for instance through re-sale of Intelligence Reports, either during the Term or afterwards; 2.13.2 (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties) alter, adapt, merge, modify, port, translate, decompile, disassemble, create derivative works from or reverse engineer the Application, or otherwise attempt to derive the source code or engage in any other activities to obtain underlying information that is not visible to a user in connection with normal use of the Application, or make any copy of the Application or any part thereof in any form; 2.13.3 transfer, sublicense, rent, lease, distribute, sell, or grant any rights or otherwise commercially exploit, or make the Application or the Intelligence Reports available to anyone, except as expressly permitted; 2.13.4 use the Application or Intelligence Reports to provide services to third parties; 2.13.5 publicise or distribute any registration code algorithms, information or registration codes used by the Application or knowingly take any action that would cause any element of the Application to be placed in the public domain, except as expressly permitted; 2.13.6 gain or attempt to gain unauthorised access to the Application; 2.13.7 remove any proprietary notices or marks from the Application or Intelligence Reports or Insight Reports; 2.13.8 use or access the Application to build or commission a software application or process that competes with the Application; or 2.13.9 engage in any activity which would be unlawful or would constitute a breach of any applicable law or regulation or result in Acolyte being in a breach of any application law or regulation; 2.13.10 attempt to interfere with the proper functioning of the Application or attempt to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of, the Application, including transmitting any Malware; 2.13.11 attempt to circumvent, disable, or otherwise interfere with security- related features of the Application or features that enforce limitations on use of the Application. 2.13.12 access, store, distribute or transmit any Malware, or any material during the course of its use of the Application that are illegal or cause damage or injury to any person or property including the Application. 2.14 Acolyte reserves the right, without liability or prejudice to its other rights to the Client, to suspend or disable the Client’s access to the Application where there is evidence that the Client is in breach inbreach of the provisions of this clause.