Common use of Use of the Gateway Clause in Contracts

Use of the Gateway. (a) The IT Vendor may only access and use, and allow Relevant Businesses and any Authorised User to access and use, the Gateway: (1) to carry out the functions specified in the Documentation; (2) for the sole purpose of undertaking Prescription Communications; and (3) otherwise in accordance with eRx’ reasonable directions (from time to time) and the Documentation. (b) The IT Vendor must not: (1) decompile, disassemble, reverse engineer, modify, enhance or alter the whole or any part of the Gateway; (2) allow, permit, apply or facilitate the IT Vendor’s Gateway Interface being used directly or indirectly for any purpose other than the Transmission of Prescription Data between Relevant Businesses (regardless of whether or not the IT Vendor’s Gateway Interface is (or might in future be) capable of such other use or purpose); or (3) copy, or allow a third party to copy, the eRx software or other third party software supporting or interfacing with the Gateway except to the extent reasonably necessary for backup purposes. (c) Prior to enabling an Authorised User to use the Gateway, the IT Vendor must make the Authorised User aware of the terms and conditions applying to such use. Regardless, the IT Vendor is (and remains) responsible for the acts and omissions of any Authorised User in connection with such Authorised User’s access to and use of the Gateway and/or the Services as if such acts and omissions were those of the IT Vendor itself. (d) The IT Vendor must not: (1) remove, deface or obscure any identification or copyright notices on eRx’ Intellectual Property (including the Gateway); or (2) copy eRx’ documentation (including the Documentation) other than for the purposes of fulfilling its obligations under this Agreement, without the prior written consent of eRx.

Appears in 2 contracts

Samples: Access Agreement, Erx Script Exchange Agreement

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Use of the Gateway. (a) The IT Vendor may only access and use, and allow Relevant Businesses and any Authorised User to access and use, the Gateway: (1) to carry out the functions specified in the Documentation; (2) for the sole purpose of undertaking Prescription Communications; and (3) otherwise in accordance with eRx’ reasonable directions (from time to time) and the Documentation. (b) The IT Vendor must not: (1) decompile, disassemble, reverse engineer, modify, enhance or alter the whole or any part of the Gateway; (2) allow, permit, apply or facilitate the IT Vendor’s Gateway Interface being used directly or indirectly for any purpose other than the Transmission of Prescription Data between Relevant Businesses (regardless of whether or not the IT Vendor’s Gateway Interface is (or might in future be) capable of such other use or purpose); or (3) copy, or allow a third party to copy, the eRx software or other third party software supporting or interfacing with the Gateway except to the extent reasonably necessary for backup purposes.. itself (c) Prior to enabling an Authorised User to use the Gateway, the IT Vendor must make the Authorised User aware of the terms and conditions applying to such use. Regardless, the IT Vendor is (and remains) responsible for the acts and omissions of any Authorised User in connection with such Authorised User’s access to and use of the Gateway and/or the Services as if such acts and omissions were those of the IT Vendor itself. (d) The IT Vendor must not: (1) remove, deface or obscure any identification or copyright notices on eRx’ Intellectual Property (including the Gateway); or (2) copy eRx’ documentation (including the Documentation) other than for the purposes of fulfilling its obligations under this Agreement, without the without the prior written consent of eRx.

Appears in 1 contract

Samples: Access Agreement

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Use of the Gateway. (a) The IT Vendor may only access and use, and allow Relevant Businesses and any Authorised User to access and use, the Gateway: (1) to carry out the functions specified in the Documentation; (2) for the sole purpose of undertaking Prescription Communications; and (3) otherwise in accordance with eRx’ reasonable directions (from time to time) and the Documentation. (b) The IT Vendor must not: (1) decompile, disassemble, reverse engineer, modify, enhance or alter the whole or any part of the Gateway; (2) allow, permit, apply or facilitate the IT Vendor’s Gateway Interface being used directly or indirectly for any purpose other than the Transmission of Prescription Data between Relevant Businesses (regardless of whether or not the IT Vendor’s Gateway Interface is (or might in future be) capable of such other use or purpose); or (3c) copy, or allow a third party to copy, the eRx software or other third party software supporting or interfacing with the Gateway except to the extent reasonably necessary for backup purposes. (c) . Prior to enabling an Authorised User to use the Gateway, the IT Vendor must make the Authorised User aware of the terms and conditions applying to such use. Regardless, the IT Vendor is (and remains) responsible for the acts and omissions of any Authorised User in connection with such Authorised User’s access to and use of the Gateway and/or the Services as if such acts and omissions were those of the IT Vendor itself. (d) The IT Vendor is responsible for any Non-Permitted Use by an Authorised User and/or Relevant Business where that use is known (or should have been known) to the IT Vendor. (e) The IT Vendor must not: (1) remove, deface or obscure any identification or copyright notices on eRx’ Intellectual Property (including the Gateway); or (2) copy eRx’ documentation (including the Documentation) other than for the purposes of fulfilling its obligations under this Agreement, without the prior written consent of eRx.

Appears in 1 contract

Samples: Erx Script Exchange Agreement

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