Common use of Your Undertakings Clause in Contracts

Your Undertakings. 22.1 You must ensure that you and those who you are responsible for including your Users: a) only use the Portal Services for the intended purpose as contemplated under this Agreement and in accordance with the Agreement and at all times only for lawful purposes; b) do not copy the Portal Software; c) do not translate, adapt, vary or modify the Portal Software; d) do not reverse engineer, decompile, or disassemble the Portal Software in an attempt to duplicate the Portal Software or imitate any of its functions or otherwise; e) do not remove or obscure any copyright, trademark or other proprietary notice on the Portal Software and ensure that any back-up copy of the Portal Software includes Eftpos New Zealand’s copyright notice; f) do not sell, lease, sub-licence, lend, assign, host or transfer, in whole or in part, or provide unlicensed third parties access to the Portal Software (including for hosting purposes) or purport to do any of these things without EFTPOS New Zealand’s prior written consent; g) use all reasonable efforts to protect the Portal Software from unauthorised use, reproduction, distribution or publication and keep the Portal Software confidential; h) accept and install all Updates notified to you by EFTPOS New Zealand at your own risk; i) install, support and maintain appropriate anti-virus software and other network security measures to include, but not limited to, the use of firewalls as appropriate, in line with the PCI DSS requirements; j) keep all login details and passwords secure at all times and ensure that the Portal Services are not accessed or used by any unauthorized user; k) notify us immediately if any login details or passwords are misused, lost or stolen or used without authority or any other breach or potential breach of security; l) do not access or attempt to access or use the Portal Services if Your permission or a User’s permission to access and use the Portal Services has been revoked; and m) in any way which may compromise or impair the functionality or otherwise undermine the security or integrity of the Portal Services, Portal Software or any of EFTPOS New Zealand other systems or networks.

Appears in 3 contracts

Samples: Eftpos Services Agreement, Eftpos Services Agreement, Eftpos Services Agreement

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Your Undertakings. 22.1 You must ensure that you and those who you are responsible for including your Users: a) only use the Portal Services for the intended purpose as contemplated under this Agreement and in accordance with the Agreement and at all times only for lawful purposes; b) do not copy the Portal Software; c) do not translate, adapt, vary vary, or modify the Portal Software; d) do not reverse engineer, decompile, or disassemble the Portal Software in an attempt to duplicate the Portal Software or imitate any of its functions or otherwise; e) do not remove or obscure any copyright, trademark or other proprietary notice on the Portal Software and ensure that any back-up copy of the Portal Software includes Eftpos New Zealand’s copyright notice; f) do not sell, lease, sub-licence, lend, assign, host or transfer, in whole or in part, or provide unlicensed third parties access to the Portal Software (including for hosting purposes) or purport to do any of these things without EFTPOS New Zealand’s prior written consent; g) use all reasonable efforts to protect the Portal Software from unauthorised use, reproduction, distribution distribution, or publication and keep the Portal Software confidential; h) accept and install all Updates notified to you by EFTPOS New Zealand at your own risk; i) install, support support, and maintain appropriate anti-virus software and other network security measures to include, but not limited to, the use of firewalls as appropriate, in line with the PCI DSS requirements; j) keep all login details and passwords secure at all times and ensure that the Portal Services are not accessed or used by any unauthorized unauthorised user; k) notify us immediately if any login details or passwords are misused, lost lost, or stolen or used without authority or any other breach or potential breach of security; l) do not access or attempt to access or use the Portal Services if Your permission or a User’s permission to access and use the Portal Services has been revoked; and m) in any way which may compromise or impair the functionality or otherwise undermine the security or integrity of the Portal Services, Portal Software or any of EFTPOS New Zealand other systems or networks.

Appears in 1 contract

Samples: Eftpos Services Agreement

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Your Undertakings. 22.1 29.1 You must ensure that you and those who you are responsible for including your Usersfor: a) only use the Portal Services E-Commerce Gateway Software for the intended purpose as contemplated under this Agreement and in accordance with the Agreement and at all times only for lawful purposesof facilitating E-Commerce Transactions; b) do not copy the Portal E-Commerce Gateway Software; c) do not translate, adapt, vary vary, or modify the Portal E-Commerce Gateway Software; d) do not reverse engineer, decompile, or disassemble the Portal E-Commerce Gateway Software in an attempt to duplicate the Portal E-Commerce Gateway Software or imitate any of its functions or otherwise; e) do not remove or obscure any copyright, trademark or other proprietary notice on the Portal Software and ensure that any back-up copy of the Portal E-Commerce Gateway Software includes Eftpos New Zealand’s copyright notice; f) do not sell, lease, sub-licence, lend, assign, host or transfer, in whole or in part, or provide unlicensed third parties access to the Portal E-Commerce Gateway Software (including for hosting purposes) or purport to do any of these things without EFTPOS New Zealand’s prior written consent; g) use all reasonable efforts to protect the Portal E-Commerce Gateway Software from unauthorised use, reproduction, distribution distribution, or publication and keep the Portal Software confidential; h) accept and install all Updates notified to you by EFTPOS New Zealand at your own risk; i) resolve any dispute between you and any of your customers involving or relating to any Transactions provided that if the dispute relates to the authorisation of any Transactions using the E-Commerce Gateway Solution Eftpos New Zealand agrees to provide reasonable assistance in resolving the dispute should you require it; and j) install, support support, and maintain appropriate anti-virus software and other network security measures to include, but not limited to, the use of firewalls as appropriate, in line with the PCI DSS requirements;. j) keep all login details and passwords secure at all times and ensure that 29.2 You will not conduct, attempt to conduct, or solicit a third-party to conduct penetration testing or other vulnerability assessments of the Portal Services are not accessed or used by any unauthorized user; k) notify us immediately if any login details or passwords are misused, lost or stolen or used without authority or any other breach or potential breach of security; l) do E-Commerce Gateway Solution. You will not access or use, or attempt to access or use use, the Portal Services if Your permission E-Commerce Gateway Solution in a manner intended to or a User’s permission to access and use with the Portal Services has been revoked; and m) in any way which may compromise or impair effect of negatively impacting the functionality or otherwise undermine the security or integrity performance of the Portal Services, Portal Software or any of EFTPOS New Zealand other systems or networksE-Commerce Gateway Solution. We may disable Your access to the E-Commerce Gateway Solution without notice should You violate these restrictions.

Appears in 1 contract

Samples: Eftpos Services Agreement

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