Use of the Product. 4.1. As of the Effective Date of this Agreement, Axway grants to Customer, subject to the terms and conditions of this Agreement, a non-exclusive, non-assignable and non-transferable right to Use the Licensed Component for Customer’s own internal business purposes only. Any delay in any payment of the fees related to this Agreement as set forth in Article 8 thirty (30) days beyond the payment date will automatically suspend the right to Use the Licensed Component for Customer, upon written notice by Axway. The Product, including portions and information or materials thereof, may not be used for any purpose that would be a violation of this Agreement. All rights not addressed herein are specifically reserved by Axway. Customer shall not Use the Product to provide services to third parties, including ASP, facilities management, outsourcing, unless expressly provided for in an Order Form.
4.2. If Customer has purchased a license for Products which are used by Customer to distribute to any third party Trading Partner that has a business need to securely transfer files to or from Customer, then the sublicense such Trading Partner has conveys the right to Use the Product for the purpose of transferring files to and from Customer in the furtherance of Customer’s internal business purposes only.
4.3. If Customer wishes to permanently transfer the Licensed Component to a new Operating Environment, the Order Form associated with this Agreement will have to be updated accordingly. Once the transfer has been made to the new authorized Operating Environment, Customer shall erase the Licensed Component from the former Operating Environment, within the time frame allowed in the Order Form or, if none stated, then sixty days.
4.4. Customer has the right to make one back-up copy of the Licensed Component for archival purpose only. Any other copies, reproductions and summaries of the Licensed Component or Documentation are prohibited.
Use of the Product. 5.1 Licensee shall use the Product as a tool for gas turbine engine performance analysis.
5.2 Licensee shall not use the Product in any manner prohibited by any export laws, restrictions, or regulations (collectively the “Export Laws”). IN ADDITION, IF THE PRODUCT IS IDENTIFIED AS EXPORT CONTROLLED ITEM UNDER THE “EXPORT LAWS”, “LICENSEE” REPRESENTS AND WARRANTS NOT TO BE A CITIZEN, OR OTHERWISE LOCATED WITHIN, AN EMBARGOED NATION (INCLUDING WITHOUT LIMITATION IRAN, SYRIA, SUDAN, CUBA and NORTH KOREA) AND NOT TO BE OTHERWISE PROHIBITED UNDER THE “EXPORT LAWS” FROM RECEIVING THE PRODUCT. All rights to use the Product are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement.
Use of the Product. 7.1 You undertake with TalkTalk Business that throughout the Term you will and will take all reasonable steps to ensure that your employees will:
(a) provide TalkTalk Business with such information as TalkTalk Business reasonably request in connection with this Contract;
(b) notify TalkTalk Business (or the relevant mobile operator) immediately (and to confirm in writing) on becoming aware that any Equipment or SIM Card has been lost or stolen or that any person is making improper or illegal use of the Equipment, SIM Card or the Product. You will be responsible for any Charges incurred as a result of unauthorised use of any Equipment, or SIM Card, or the information contained within a SIM Card, until TalkTalk Business has received a request from you to suspend the Product to that Equipment or SIM Card;
(c) pay the standard charges levied by TalkTalk Business from time to time applicable to repair work on Equipment which is outside (in scope or time) the warranty provided under this Contract;
(d) use the Equipment and any Software (including any End-User Licensed Software) in accordance with any user guide or other reasonable instruction of any manufacturer or supplier of the same or reasonable instruction of TalkTalk Business and not to copy, reverse engineer or modify the Software or the End- User Licensed Software in any way save as permitted by law;
(e) generally observe the Wireless Telegraphy Acts 1949 to 1972, the Telecommunications Act 1984, the Communications Act 2003 and all other relevant legislation and statutory instruments ("Relevant Legislation") and comply with any directions made by any competent regulatory body, authority or officer;
(f) comply with any reasonable instructions issued by TalkTalk Business which concern your use of the Product or SIM Card including, without limitation, any codes of conduct which apply in relation to the Equipment and Product (as amended from time to time) supplied under this Contract;
(g) only use Equipment under this Contract which is approved for use with the Network;
(h) only use the Product in good faith and not so as to artificially increase or create revenues for telecommunications Product supplied by you or any person connected with it in any way; and
(i) notify TalkTalk Business immediately of any loss, theft or damage of any Equipment or SIM Cards (and confirm such notification in writing within 48 hours).
7.2 You will not:
(a) use the SIM Card or Equipment and the Product for any purpose other than...
Use of the Product. Product shall only be used for the following purpose [___________________]
Use of the Product. 3.1 You must ensure that the Product or Alternative Product is used properly, including but not limited to ensuring that the battery is kept properly and appropriately charged, and only for the purpose for which it was designed. You must not use or permit the Product or Alternative Product to be used for any unlawful or immoral purpose or in contravention of any legal requirement, in particular, but not limited to, the Use of Invalid Carriages on Highways Regulations 1988, which regulations detail the upper speed limits of Class 2 and Class 3 scooters and where these may and may not be used. The Product or Alternative Product may only be used by the Disabled Person.
3.2 You must keep the Product or Alternative Product under your control and not part with possession of the Product or Alternative Product other than in the ordinary course of its intended use nor sell, lease or lend the Product or Alternative Product or allow any other right to be created over the Product or Alternative Product. You must tell us as soon as possible and in any event within 5 working days if you change address or change the place at which the Product or Alternative Product is kept.
3.3 You will be responsible for the payment of all fees (including any licence fees that you will be required to obtain yourself), parking charges, fines and other outgoings in respect of the Product or Alternative Product, to the extent that they are payable or become payable during the Hire Term.
Use of the Product. 2.1 The Product includes the use of an automatic payment method for passage at the toll station at the motorway link across Storebælt for the following vehicles:
(a) Passenger cars and small vans Vehicles (i) up to 6 m in length, less than 3,500 kg, regardless of height; and (ii) vehicles over 6 m in length, less than 3,500 kg and less than 2.7 m in height.
(b) Large vans and lorries Vehicles (i) over 6 m in length, less than 3,500 kg and over 2.7 m in height; (ii) vehicles under 10 m in length, over 3,500 kg, regardless of height; and (iii) vehicles over 10 m in length, over 3,500 kg, regardless of height. Special conditions apply for special transports, see xxx.xxxxxxxxxx.xx.
(c) Coaches Vehicles which are clearly built and equipped to carry more than 9 persons including the driver, have a corresponding number of passenger seats for the vehicle and have not been adapted for any purpose other than carrying passengers when (i) the vehicle is less than 6 m in length; or (ii) the vehicle is more than 6 m and below 2.7 m in height; or (iii) the vehicle is 6-10 m in length and over 2.7 m in height; or (iv) the vehicle is 10-20 m in length and over 2.7 m in height.
Use of the Product. 9.1 The Licensee must (and the Licensee must ensure users) when using the Product:
(a) only authorise such additional users as noted in the Order Form to use and access the product (where applicable);
(b) only use or attempt to use the Product functionality “as is”;
(c) not attempt to access or control the server on which the Product is hosted, except through the client interface or as the Product otherwise provides;
(d) comply with the current editions of all Materials provided by the Licensor from time to time;
(e) comply with any operational guidelines or emergency directions issued by the Licensor;
(f) promptly report to the Licensor any errors, defects or malfunctions experienced or observed in the Product, in as much detail as possible;
(g) not do anything calculated to damage or impair the Product or the server on which the Product is hosted;
(h) not purport to grant any interest in, sub-licence of or derivative right to use the Product except as permitted by this Agreement;
(i) not do anything that is detrimental to the Licensor, its business, its officers, employees, distributors or agents; and
(j) comply with all laws.
9.2 The Licensee undertakes that:
(a) it will not allow or suffer any user account for the Product to be used by more than one individual user unless it has been reassigned in its entirety to another individual user, in which case the prior user shall no longer have any right to access or use the Product;
(b) each user shall keep a secure password for their use of the Product, that such password shall be changed no less frequently than once per month and that each user shall keep its password confidential;
(c) it shall maintain a written, up to date list of current users for the Product and provide such list to the Licensor within five (5) business days of the Licensor’s written request at any time or times;
(d) it shall permit the Licensor to audit the Product in order to establish the name and password of each user. Such audit may be conducted no more than once per quarter, at the Licensor’s expense, in such a manner as not to substantially interfere with the Licensee’s normal conduct of the Product;
(e) if any of the audits referred to in this clause 9.2 reveal that any password has been provided to any individual who is not a user of the Product, then without prejudice to the Licensor’s other rights, the Licensee shall promptly disable such passwords and the Licensor shall not issue any new passwords to any such individual;
(f)...
Use of the Product. 7.1 Subject to certain limitations described in this section and elsewhere in this Purchase Agreement, the MSRB grants to Purchaser a limited non‐exclusive, non‐transferable (except as allowed herein), non‐sublicensable, license: (i) to make the Product available to designated employees for their own internal research and business use in the normal course of their employment; and (ii) to use and re‐disseminate the Product, subject to the limitations described in this Purchase Agreement. Purchaser also may permit access to and use of the Product by contractors solely for the purpose of such contractor(s) providing services to Purchaser, and Purchaser shall be responsible (including, without limitation, for indemnification and defense under Section 5 above) for any breach of this Purchase Agreement by its contractors to the same extent as if Purchaser had breached this Purchase Agreement. Purchaser may re‐disseminate the Product or portions thereof to Purchaser’s end user clients for their internal business purposes, including limited re‐distribution by Purchaser’s end user clients. End user clientshall mean any professional entity that utilizes the Product in the normal course of its business, which includes, the right of limited re‐distribution of such information to their clients; provided however, the term does not include those users who re‐distribute the Product or any portion thereof for a fee (other than customary printing, copying and similar charges) except as part of a derivative product produced by such end user client that would not reasonably be expected to serve as a substitute for the Product so as to bypass any applicable MSRB licensing or related fees. Purchaser is expressly prohibited from re‐disseminating the Product or any portion thereof to commercial vendors or other entities that are in the business of re‐ disseminating data or information for re‐dissemination other than as set forth in the immediately preceding sentence. Except as stated above, no permission is granted for Purchaser to re‐ disseminate the Product, or any portion thereof, to any party for the purpose of further re‐ dissemination. Purchaser agrees to inform such clients of this restriction and to take commercially reasonable steps to prevent such clients from re‐ disseminating the Product, or any portion thereof, in violation of this paragraph as soon as Purchaser is informed or otherwise becomes aware that such unauthorized re‐dissemination is occurring. Purchaser may...
Use of the Product. 6.1. Licensee is not permitted, nor may it permit any of its Affiliates, Authorized Users and/or third parties, to:
6.1.1. Use the Product for any purpose other than for Licensee’s or any of its Affiliates’ business.
6.1.2. Use the Product in a manner that is contrary to the Documentation or in a way that the Product is not intended to be used.
6.1.3. Cause or permit the transfer, export, loan, lease, or use of the Product to or for the benefit of any third party without the prior written consent of Priority Retail, unless otherwise provided in this XXXX or required to be permitted by applicable law.
6.1.4. Remove or alter any patent numbers, trade names, copyright notices, trademark notices, serial numbers, labels, tags or other identifying marks, symbols or legends included in and/or otherwise embedded in the Product;
6.1.5. Use the Product not in its original form, modify, reverse compile, reverse engineer, disassemble or otherwise attempt to discover the source code of the Software embedded in or provided with the Product, create any derivative works, or otherwise use the Product except as specifically permitted in this XXXX or with the explicit written consent of Priority Retail.
6.1.6. Use the Products to conduct any illegal or unlawful activity, solicit any illegal activity, or to engage in any activity that infringes upon the rights of Priority Retail and/or any third party.
6.1.7. Make any copies of Priority Retail’s Intellectual Property embodied in the Products – unless, and to the extent, any of the following conditions are met: (a) making such copies is allowed under any applicable law; (b) such copies are made for (1) backup; (2) a development server; (3) a testing server; and/or (4) a disaster recovery (DR) server - all subject to the making of no more than one for each of the purposes (1) through (4) above, and to the Licensee’s destroying any such copy when the need for its creation ends; or (c) the Licensee is explicitly authorized in writing by Priority Retail to make additional copies of Priority Retail’s Intellectual Property embodied in the Products.
6.2. In the event that, upon delivery of the Product, Priority Retail provided Licensee with an authorization or activation code or keys for the Product, then Licensee will not attempt to defeat, modify, copy, work around or duplicate any such codes or keys.
6.3. The Authorized Users’ user names and passwords used to access the Software shall be unique, may not be used by anyone except fo...
Use of the Product. 4.1. The Client shall only use any Product in accordance with the safety regulations, the operating instructions and other specifications of TriLite. Any other use of the Product is expressly prohibited. If damage arises from use contrary to the Agreement, the Client shall indemnify and shall hold TriLite harmless in this regard.
4.2. The use of any Product for military, clinical purposes of any kind is strictly prohibited.
4.3. The Client knows the Product and knows how dangerous it is. In particular, eyes can be damaged if the Product is used contrary to the Agreement, especially by shining directly into the eyes.
