Use Restrictions. (a) Company will not do or attempt to do, and Company will not permit any other person or entity to do or attempt to do, any of the following, directly or indirectly:
(i) use any Proprietary Item for any purpose, at any location or in any manner not specifically authorized by this Agreement;
(ii) make or retain any copy of any Proprietary Item except as specifically authorized by this Agreement;
(iii) create, recreate or obtain the source code for any Proprietary Item;
(iv) refer to or otherwise use any Proprietary Item as part of any effort to develop other software, programs, applications, interfaces or functionalities or to compete with BNYM or a Third Party Provider;
(v) modify, adapt, translate or create derivative works based upon any Proprietary Item, or combine or merge any Proprietary Item or part thereof with or into any other product or service not provided for in this Agreement and not authorized in writing by BNYM;
(vi) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in any Proprietary Item, or fail to preserve all copyright and other proprietary notices in any copy of any Proprietary Item made by Company;
(vii) sell, transfer, assign or otherwise convey in any manner any ownership interest or Intellectual Property Right of BNYM, or market, license, sublicense, distribute or otherwise grant, or subcontract or delegate to any other person, including outsourcers, vendors, consultants, joint venturers and partners, any right to access or use any Proprietary Item, whether on Company’s behalf or otherwise;
(viii) subcontract for or delegate the performance of any act or function involved in accessing or using any Proprietary Item, whether on Company’s behalf or otherwise;
(ix) reverse engineer, re-engineer, decrypt, disassemble, decompile, decipher, reconstruct, re-orient or modify the circuit design, algorithms, logic, source code, object code or program code or any other properties, attributes, features or constituent parts of any Proprietary Item;
(x) take any action that would challenge, contest, impair or otherwise adversely effect an ownership interest or Intellectual Property Right of BNYM;
(xi) use any Proprietary Item to provide remote processing, network processing, network communications, a service bureau or time sharing operation, or services similar to any of the foregoing to any person or entity, whether on a fee basis or otherwise;
(xii) allow Harmful Co...
Use Restrictions. Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: You agree that you will not under any circumstances: · access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service, · collect or harvest any personal data of any user of the Site or the Service · use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise; · distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis); · use the Service for any unlawful purpose or for the promotion of illegal activities; · attempt to, or harass, abuse or harm another person or group; · use another user’s account without permission; · intentionally allow another user to access your account; · provide false or inaccurate information when registering an account; · interfere or attempt to interfere with the proper functioning of the Service; · make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; · bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; · circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or · publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
Use Restrictions. Licensee shall not, and shall require its Authorized Users not to, directly or indirectly:
3.1 use (including make any copies of) the Software or Documentation beyond the scope of the license granted under Section 2;
3.2 provide any other Person, including any subcontractor, independent contractor, affiliate, or service provider of Licensee, with access to or use of the Software or Documentation;
3.3 modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or Documentation or any part thereof;
3.4 combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;
3.5 reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
3.6 remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof;
3.7 except as expressly set forth herein, copy the Software or Documentation, in whole or in part;
3.8 rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time- sharing, service bureau, software as a service, cloud, or other technology or service;
3.9 use the Software or Documentation in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including:
(a) use the Software or Documentation in violation of any law, regulation, or rule; or
(b) use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Licensor’s commercial disadvantage.
Use Restrictions. Except as may be otherwise specifically permitted in Annex 1 or Annex 2 to this License Agreement, Licensee agrees not to:
2.1 Copy and/or distribute the Licensed Software, in whole or in part, for internal use without paying Licensor the applicable additional fees required by Licensor, except (i) for making a reasonable number of archival back-up copies; or (ii) as expressly authorized by Licensor in writing; or (iii) for making a reasonable number of copies of the Documentation supplied to Licensee by Licensor in electronic form. Licensee shall reproduce and affix all copyright and other proprietary rights notices appearing in or on the Licensed Software, including notices of all third party suppliers.
2.2 Use the Licensed Software for timesharing, facilities management, outsourcing, hosting, service bureau use, or for providing other application service (ASP) or data processing services to third parties or for like purposes.
2.3 Modify the Licensed Software or provide any person with the means to do the same.
2.4 Create derivative works of the Licensed Software, or translate, disassemble, recompile or reverse engineer the Licensed Software or attempt to do so (except to the extent applicable law specifically permits such activity).
2.5 Alter, destroy, or otherwise remove any proprietary notices or labels on or embedded within the Licensed Software or Documentation.
2.6 Use the Licensed Software in a manner other than as specifically permitted in this License Agreement.
Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Use Restrictions. You shall not, and shall not permit any other person to, access or use the SMA Offerings or Provider Materials except as expressly permitted by this Agreement and, in the case of Third-Party Integrations, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, you shall not, except as this Agreement expressly permits: (a) copy, modify, or create derivative works or improvements of the SMA Offerings; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any SMA Offerings to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Subscription Service or Legacy Software, in whole or in part; (d) bypass or breach any security device or protection used by the SMA Offerings or access or use the Subscription Service or Legacy Software other than by a User through the use of his or her own then valid Access Credentials; (e) input, upload, transmit, or otherwise provide to or through the Subscription Service or any information technology systems operated or controlled by us or our service providers, any information or materials that are unlawful or injurious, or contain, transmit, or activate any viruses, worms, time bombs, Trojan horses and any other harmful or malicious code, scripts, agents, files or any other similar software that may damage the operation of the Subscription Service or the information technology systems operated or controlled by us or our service providers; (f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the SMA Offerings or the information technology systems operated or controlled by us or our service providers, or our provision of SMA Offerings to any third party, in whole or in part; (g) remove, delete, alter, or obscure any trademarks, Documentation, or disclaimers, or any IP Rights notices from any SMA Offerings, including any copy thereof; (h) access or use the SMA Offerings in any manner or for any purpose that infringes, misappropriates, or otherwise violates any IP Rights or other rights of any third party, or that violates any applicable law; (i) access or use the Subscription Service or other SMA Offerings for purposes of comp...
Use Restrictions. Customer will not (i) use or access the Subscription Service in violation of applicable laws, rules and regulations, including data privacy laws and regulations; (ii) sell, resell, license, lease, redistribute, or otherwise commercially exploit or make the Subscription Service available to any third party other than to Users, or as otherwise expressly stated in an Order; (iii) use the Subscription Service to send or store infringing, libelous, or otherwise unlawful or tortious material, or to store or submit malicious or harmful code; (iv) intentionally interfere with or disrupt the integrity or performance of the Subscription Service or the data contained therein; (v) attempt to gain unauthorized access to the Subscription Service or its related systems or networks; (vi) duplicate or reverse engineer the Subscription Service, in whole or in part; or (vii) disclose the results of any benchmark or performance tests of the Subscription Service.
Use Restrictions. You are prohibited from:
(a) using the Certificate Service on behalf of any other entity;
(b) reselling or attempting to resell Your Certificate without the prior written consent of Starfield;
(c) performing Public or Private Key operations in connection with any domain name and/or entity other than those submitted by You when You applied for the Certificate;
(d) importing, exporting, or re-exporting directly or indirectly, any commodity, including Your Certificate, to any country in violation of the laws and regulations of any applicable jurisdiction;
(e) using the Certificate Service to transmit, receive, view or use information which may be associated with spam or morally objectionable activities. Morally objectionable activities include, but are not limited to, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way; or
(f) copying or decompiling (except where such decompilation is permitted by Section 50B of the Copyright, Designs, and Patent Act of 1988), enhancing, adapting, or modifying a Certificate(s), Private Key(s) or Public Key(s).
Use Restrictions. Redeveloper hereby represents and agrees that neither all nor any portion of the Project Area, Project Site, and/or New Building shall be used, directly or indirectly, for the following uses:
(a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except temporary signs advertising such lot is for sale or lease by the owner thereof;
(b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption on and off the premises (predominant shall mean retail gross sales of alcoholic beverages in excess of 50% of gross sales on the premises); except that up to 50% of the overall retail space contained in the New Building may be used for restaurants wherein the gross sales of alcoholic beverages exceed 50% of gross retail sales, provided such restaurants have a licensed kitchen and offer a full menu during the hours of 5:00 p.m. to 8:00 p.m. or any such business that has an unreasonable pattern of unlawful disturbances or liquor law violations (this restriction shall not include micro-breweries, craft distilleries, wine bars, pharmacies, or grocery stores);
(c) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores);
(d) any business operated or held out to the public as a sexually oriented business including any business in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service;
(e) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products;
(f) any business involving gambling or wagering even if otherwise permitted by law including keno, bingo, slot machines, video lottery machines, casino games, or off site pari- mutuel wagering sites, but excluding the retail sale of lottery tickets as permitted by applicable law;...
Use Restrictions. (i) Without approval from the applicable BTC Recipient (in its sole discretion), BTC Data will not be: (A) used by State Street other than is necessary for State Street’s performance of the Services under the applicable Service Module; (B) disclosed, sold, assigned, leased or otherwise provided to third parties by State Street other than as Confidential Information may be disclosed; or (C) commercially exploited (including, without limitation, via Processing or data mining) by or on behalf of State Street or any State Street Personnel.
(ii) State Street will not possess or assert liens or other rights in or to BTC Data.
(iii) State Street hereby irrevocably and perpetually assigns, transfers and conveys to the applicable BTC Recipients without further consideration all of its and their right, title and interest, if any, in and to BTC Data. At BTC’s request, State Street will execute and deliver to the BTC Recipients any financing statements or other documents that may be reasonably necessary or desirable under any Law to preserve, or enable such BTC Recipients to enforce, their rights hereunder with respect to BTC Data.
(iv) No removable media on which BTC Data is stored may be used or re-used to store data of any other customer of State Street or to deliver data to a third party, including another State Street customer, unless securely erased in a manner consistent with the Standard of Care. Master Services Agreement 28 BTC | State Street CONFIDENTIAL
(v) Each BTC Recipient will provide State Street with written notice of any applicable security or confidentiality obligations or disclosure, notification or consent requirements applicable to the use or transfer of the BTC Data transmitted to State Street that are in addition to the requirements set forth in this Agreement or any Service Module, provided, however, that any change to State Street’s obligations as a result thereof shall be subject to the Change Procedures.
