Common use of Use; Restrictions on Use Clause in Contracts

Use; Restrictions on Use. Reseller will not, and will not allow any End User or other third party to, use any Product, Service or Documentation, as applicable, for any purposes beyond the scope of license or access, as applicable, with respect thereto granted in the Agreement. Except as otherwise set forth in the Agreement, Reseller shall not (and shall not allow any End User or other third party to), directly or indirectly, (i) copy, modify or create derivative works of any Product, Service or Documentation, as applicable, in whole or in part, (ii) rent, lease, lend, resell, sell, license, sublicense, assign, distribute, publish, transfer or otherwise make available a Product, Service, or Documentation, (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code or software component of a Product or Service, in whole or in part, (iv) remove, alter, obscure or fail to reproduce in any way any proprietary notices from a Product, Service, or Documentation, as applicable, (v) use a Product, Service, or Documentation, as applicable, 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, (vi) use the Products or Services for Reseller’s own business use unless pursuant to a separate executed agreement between Appgate and Reseller, or (vii) disclose or publish performance benchmark results or test results with respect to the Products and Services. Reseller acknowledges that a threatened or actual breach by it of this Section 8(a) may result in immediate, irreparable harm to Appgate for which monetary damages may not be adequate compensation and, consequently, that Appgate shall be entitled, in addition to all other remedies available to it at law or equity, to seek (without any requirement to post bond) injunctive or other equitable relief to prevent such threatened or actual breach.

Use; Restrictions on Use. Reseller will not, MSP shall not (and will shall not allow any End Authorized User or other third party to) use the Software, use any Product, Service Hosted Services or Documentation, as applicable, for any purposes beyond the scope of license or access, as applicable, with respect thereto granted in the Schedule Agreement. Except as otherwise set forth in the Agreement, Reseller MSP shall not (and shall not allow any End Authorized User or other third party to), directly or indirectly, (i) copy, modify or create derivative works of any Productthe Software, Service Hosted Services or Documentation, as applicable, in whole or in part, (ii) rent, lease, lend, resell, sell, license, sublicense, assign, distribute, publish, transfer transfer, or otherwise make available (each a Product“Resale”) the Products (other than Hardware), Serviceunless MSP has obtained Appgate’s prior written consent to do so, or Documentationwhich can be withheld in Appgate’s sole and absolute discretion, (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code or software component of a Product the Software or ServiceHosted Services, in whole or in part, (iv) remove, alter, obscure or fail to reproduce in any way remove any proprietary notices from a Productthe Software, Service, Hosted Services or Documentation, as applicable, or (v) use a Productthe Software, Service, Hosted Services or Documentation, as applicable, 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, (vi) use the Products or Services for Reseller’s own business use unless pursuant to a separate executed agreement between Appgate and Reseller, or (vii) disclose or publish performance benchmark results or test results with respect to the Products and Services. Reseller MSP acknowledges that a threatened or actual breach by it of this Section 8(a) 3.a may result in immediate, irreparable harm to Appgate for which monetary damages may not be adequate compensation and, consequently, that Appgate shall be entitled, in addition to all other remedies available to it at law or equity, to seek (without any requirement to post bond) injunctive or other equitable relief to prevent such threatened or actual breach. Appgate may deploy the Software and/or Hosted Services with license key or other technology that prohibits use of the Software or Hosted Services, as applicable, beyond the applicable Software Term, license parameters, Hosted Service Term or grant of right to access and use.