YOUR USE OF THE PLATFORM. 1.1 Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Platform, Info-Tech agrees to grant you and your authorised users a non-exclusive, non-sublicensable and non-transferable licence to use the Platform insofar as owned by or licensed through us on any compatible device owned by you during the term of this Agreement, and only for your internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by Info-Tech. 1.2 Use of the Platform is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify Info-Tech and work with Info-Tech to promptly change your usage to comply with the limit. You agree and acknowledge that Info-Tech is entitled to invoice you for any usage exceeding the usage limit. 1.3 Access to some software components used in our Platform may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms. 1.4 You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to): (a) reproduce, transfer, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform; (b) modify or adapt the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you; (c) decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing; (d) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform; (e) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Platform; (f) use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Info-Tech; (g) use any automated process or service to access and/or use the Platform; (h) provide, distribute or share, or enable the provision, distribution or sharing of, the Platform (or any data associated therewith) with any third party; (i) reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner; (j) reproduce, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and (k) transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Platform. 1.5 You further undertake to: (a) at your sole responsibility and at your own cost: (i) obtain all necessary hardware, software and communications services necessary for your use of the Platform; and (ii) in the event where you subscribe to our on-premise software, install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software; (b) comply with all applicable laws; (c) where applicable, be solely responsible for payment of all relevant Fees for the use of the Platform, and abide by all applicable payment terms as we may make known to you from time to time on our Platform; and (d) procure that your authorised users use the Platform in accordance with this Agreement. You shall be responsible to Info-Tech for any breach of this Agreement by any of your authorised users. 1.6 You acknowledge and agree that: (a) when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Info-Tech also may offer other services from time to time, which are governed by different terms and conditions; (b) Info-Tech may establish general practices and limits concerning use of the Platform. You agree that Info-Tech has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Platform. You acknowledge that Info-Tech reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-Tech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice; (c) Info-Tech shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the Platform shall be without prejudice to our other rights and remedies available at law; (d) the intellectual property rights in all materials published on the Platform (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Info-Tech or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Platform; (e) the licences granted herein do not confer on you any rights to use any other intellectual property rights of Info-Tech, including the Info-Tech logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of Info-Tech; (f) we shall have the right to at any time and from time to time: (i) switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by Info- Tech in its sole and absolute discretion, without ascribing any reasons whatsoever; (ii) automatically update the Platform and its components, add or remove functionalities, features or services (collectively, "Platform Functions"), and; (iii) deny or restrict access to the Platform or any Platform Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to Info-Tech's or its affiliates' brand, reputation or business as determined by Info-Tech in its sole and absolute discretion, without ascribing any reasons whatsoever, and in any such event, you agree that no claims shall lie against us or our affiliates, employees, agents or our service providers (collectively, "Info-Tech Personnel") in connection therewith; and (g) unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the terms of this Agreement. 1.7 In the event where you subscribe for our subscription or maintenance services as set out in the quotation, such subscription or maintenance services shall include: (a) the hosting of data and attachments, regular backup and disaster recovery at Microsoft Azure Hong Kong data centre; (b) software updates in connection with government legislative changes, software patches and software enhancements; and (c) telephone support from 9 a.m. to 6 p.m. (local time in your territory), Monday to Friday, excluding public holidays in your territory. Any and all software or technical enquiry shall be raised through Info-Tech's ticketing system via the Platform, unless otherwise agreed in writing between the parties. 1.8 Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the Platform.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
YOUR USE OF THE PLATFORM. 1.1 Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Platform, Info-Tech agrees to grant you and your authorised users a non-exclusive, non-sublicensable and non-transferable licence to use the Platform insofar as owned by or licensed through us on any compatible device owned by you during the term of this Agreement, and only for your internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by Info-Tech.
1.2 Use of the Platform is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify Info-Tech and work with Info-Tech to promptly change your usage to comply with the limit. You agree and acknowledge that Info-Tech is entitled to invoice you for any usage exceeding the usage limit.
1.3 Access to some software components used in our Platform may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
1.4 You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
(a) reproduce, transfer, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform;
(b) modify or adapt the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
(c) decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
(d) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform;
(e) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Platform;
(f) use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Info-Info- Tech;
(g) use any automated process or service to access and/or use the Platform;
(h) provide, distribute or share, or enable the provision, distribution or sharing of, the Platform (or any data associated therewith) with any third party;
(i) reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner;
(j) reproduce, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and
(k) transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Platform.
1.5 You further undertake to:
(a) at your sole responsibility and at your own cost:
(i) i. obtain all necessary hardware, software and communications services necessary for your use of the Platform; and
(ii) . in the event where you subscribe to our on-premise software, install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software;
(b) comply with all applicable laws;
(c) where applicable, be solely responsible for payment of all relevant Fees for the use of the Platform, and abide by all applicable payment terms as we may make known to you from time to time on our Platform; and
(d) procure that your authorised users use the Platform in accordance with this Agreement. You shall be responsible to Info-Tech for any breach of this Agreement by any of your authorised users.
1.6 You acknowledge and agree that:
(a) when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Info-Tech also may offer other services from time to time, which are governed by different terms and conditions;
(b) Info-Tech may establish general practices and limits concerning use of the Platform. You agree that Info-Tech has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Platform. You acknowledge that Info-Tech reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-Tech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice;
(c) Info-Tech shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the Platform shall be without prejudice to our other rights and remedies available at law;
(d) the intellectual property rights in all materials published on the Platform (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Info-Tech or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Platform;
(ea) the licences granted herein do not confer on you any rights to use any other intellectual property rights of Info-Tech, including the Info-Tech logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of Info-Tech;
(fb) we shall have the right to at any time and from time to time:
(i) i. switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by Info- Tech in its sole and absolute discretion, without ascribing any reasons whatsoever;
(ii) . automatically update the Platform and its components, add or remove functionalities, features or services (collectively, "Platform Functions"), ) and;
(iii) . deny or restrict access to the Platform or any Platform Functions whether to any user or generally, or to block access from or to any resources, at any time, including resources in the event of a violation or alleged violation of this Agreement, or where your act or omission that causes harm to Info-Tech's or its affiliates' brand, reputation or business business, as determined by Info-Info Tech in its sole and absolute discretion, without ascribing any reasons whatsoever, c) and in any such event, you agree that no claims shall lie against us or our affiliates, employees, agents or our service providers (collectively, "Info-Tech Personnel") in connection therewith; and
(gd) unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the terms of this Agreement.
1.7 In the event where you subscribe for our subscription or maintenance services as set out in the quotation, such subscription or maintenance services shall include:
(a) the hosting of data and attachments, regular backup and disaster recovery at Microsoft Azure Hong Kong Australia data centre;
(b) software updates in connection with government legislative changes, software patches and software enhancements; and
(c) telephone support from 9 a.m. to 6 p.m. (local time in your territory), Monday to Friday, excluding public holidays in your territory. Any and all software or technical enquiry shall be raised through Info-Tech's ticketing system via the Platform, unless otherwise agreed in writing between the parties.
1.8 Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the Platform.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
YOUR USE OF THE PLATFORM. 1.1 Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Platform, Info-Tech agrees to grant you and your authorised users a non-exclusive, non-sublicensable and non-transferable licence to use the Platform insofar as owned by or licensed through us on any compatible device owned by you during the term of this Agreement, and only for your internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by Info-Tech.
1.2 Use of the Platform is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify Info-Tech and work with Info-Tech to promptly change your usage to comply with the limit. You agree and acknowledge that Info-Tech is entitled to invoice you for any usage exceeding the usage limit.
1.3 Access to some software components used in our Platform may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
1.4 You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
(a) reproduce, transfer, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform;
(b) modify or adapt the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
(c) decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
(d) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform;
(e) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Platform;
(f) use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Info-Tech;
(g) use any automated process or service to access and/or use the Platform;
(h) provide, distribute or share, or enable the provision, distribution or sharing of, the Platform (or any data associated therewith) with any third party;
(i) reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner;
(j) reproduce, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and
(k) transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Platform.
1.5 You further undertake to:
(a) at your sole responsibility and at your own cost:
(i) obtain all necessary hardware, software and communications services necessary for your use of the Platform; and
(ii) in the event where you subscribe to our on-premise software, install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software;
(b) comply with all applicable laws;
(c) where applicable, be solely responsible for payment of all relevant Fees for the use of the Platform, and abide by all applicable payment terms as we may make known to you from time to time on our Platform; and
(d) procure that your authorised users use the Platform in accordance with this Agreement. You shall be responsible to Info-Tech for any breach of this Agreement by any of your authorised users.
1.6 You acknowledge and agree that:
(a) when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Info-Tech also may offer other services from time to time, which are governed by different terms and conditions;
(b) Info-Tech may establish general practices and limits concerning use of the Platform. You agree that Info-Tech has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Platform. You acknowledge that Info-Tech reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-Tech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice;
(c) Info-Tech shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the Platform shall be without prejudice to our other rights and remedies available at law;
(d) the intellectual property rights in all materials published on the Platform (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Info-Tech or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Platform;
(e) the licences granted herein do not confer on you any rights to use any other intellectual property rights of Info-Tech, including the Info-Tech logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of Info-Tech;
(f) we shall have the right to at any time and from time to time:
(i) switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by Info- Tech in its sole and absolute discretion, without ascribing any reasons whatsoever;
(ii) automatically update the Platform and its components, add or remove functionalities, features or services (collectively, "Platform Functions"), and;
(iii) deny or restrict access to the Platform or any Platform Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to Info-Tech's or its affiliates' brand, reputation or business as determined by Info-Tech in its sole and absolute discretion, without ascribing any reasons whatsoever, and in any such event, you agree that no claims shall lie against us or our affiliates, employees, agents or our service providers (collectively, "Info-Tech Personnel") in connection therewith; and
(g) unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the terms of this Agreement.
1.7 In the event where you subscribe for our subscription or maintenance services as set out in the quotation, such subscription or maintenance services shall include:
(a) the hosting of data and attachments, regular backup and disaster recovery at Microsoft Azure Hong Kong Singapore data centre;
(b) software updates in connection with government legislative changes, software patches and software enhancements; and
(c) telephone support from 9 a.m. to 6 p.m. (local time in your territory), Monday to Friday, excluding public holidays in your territory. Any and all software or technical enquiry shall be raised through Info-Tech's ticketing system via the Platform, unless otherwise agreed in writing between the parties.
1.8 Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the Platform.
Appears in 1 contract
Samples: Terms of Service
YOUR USE OF THE PLATFORM. 1.1 Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Platform, Info-Tech agrees to grant you and your authorised users a non-exclusive, non-sublicensable and non-transferable licence 5.1. Your permission to use the Platform insofar as owned by or licensed through us on any compatible device owned by is personal to you during the term of this Agreementand non-transferable, and only you may not use the Platform for your internal business commercial purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by Info-Tech.
1.2 Use Your use of the Platform is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify Info-Tech and work with Info-Tech to promptly change conditional on your usage to comply compliance with the limit. You rules of conduct set forth in these Terms of Use and you agree and acknowledge that Info-Tech is entitled to invoice you will not:
a) Use the Platform for any usage exceeding fraudulent or unlawful purpose;
b) Use the usage limit.Platform to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
1.3 Access c) Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform or express or imply that we endorse any statement you make;
d) Interfere with or disrupt the operation of the Platform or the servers or networks used to some software components used make the Platform available or violate any requirements, procedures, policies or regulations of such networks;
e) Transmit or otherwise make available in our connection with the Platform any virus, worm or other computer code that is harmful or invasive or may be offered under third party licences as we may notify you or is intended to damage the operation of, in which case your or to monitor the use of those components is governed by such terms to the extent only of of, any inconsistency between this Agreement and those terms.hardware, software, or equipment;
1.4 You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
(af) reproduce, transferReproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Platformof, use of the Platformof, or access to the Platform;
(bg) modify Modify, adapt, translate, reverse engineer, decompile or adapt the whole or disassemble any part portion of the Platform, or permit the Platform or any part of it . If you wish to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
(c) decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
(d) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform;
(e) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Platform;
(f) use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Info-Tech;
(g) use any automated process or service to access and/or use the Platform;
(h) provide, distribute or share, or enable the provision, distribution or sharing of, the Platform (or any data associated therewith) with any third party;
(i) reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in to create an information retrieval system except interoperable program you must contact us and we may provide interface data subject to the extent permitted verification of your identity and with our prior written permission and/or that of the relevant rights ownerother information;
(jh) reproduceRemove any copyright, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and
(k) transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Platform.
1.5 You further undertake to:
(a) at your sole responsibility and at your own cost:
(i) obtain all necessary hardware, software and communications services necessary for your use of the Platform; and
(ii) in the event where you subscribe to our on-premise software, install antivirus trade mark or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software;
(b) comply with all applicable laws;
(c) where applicable, be solely responsible for payment of all relevant Fees for the use of the Platform, and abide by all applicable payment terms as we may make known to you from time to time on our Platform; and
(d) procure that your authorised users use the Platform in accordance with this Agreement. You shall be responsible to Info-Tech for any breach of this Agreement by any of your authorised users.
1.6 You acknowledge and agree that:
(a) when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Info-Tech also may offer other services from time to time, which are governed by different terms and conditions;
(b) Info-Tech may establish general practices and limits concerning use of the Platform. You agree that Info-Tech has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Platform. You acknowledge that Info-Tech reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-Tech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice;
(c) Info-Tech shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content proprietary rights notice from the Platform shall be without prejudice to our other rights and remedies available at law;
(d) the intellectual property rights in all or materials published on the Platform (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Info-Tech or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through originating from the Platform;
(ei) the licences granted herein do not confer on you Frame or mirror any rights to use any other intellectual property rights of Info-Tech, including the Info-Tech logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of Info-TechPlatform without our express prior written consent;
(fj) Create a database by systematically downloading and storing Platform content;
k) Use any manual or automatic device in any way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the foregoing, we shall have grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
5.2. We reserve the right to at any time and from time to time:
(i) switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by Info- Tech revoke these exceptions either generally or in its sole and absolute discretion, without ascribing any reasons whatsoever;
(ii) automatically update the Platform and its components, add or remove functionalities, features or services (collectively, "Platform Functions"), and;
(iii) deny or restrict access to the Platform or any Platform Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to Info-Tech's or its affiliates' brand, reputation or business as determined by Info-Tech in its sole and absolute discretion, without ascribing any reasons whatsoever, and in any such event, you agree that no claims shall lie against us or our affiliates, employees, agents or our service providers (collectively, "Info-Tech Personnel") in connection therewith; and
(g) unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the terms of this Agreementspecific instances.
1.7 In the event where you subscribe for our subscription or maintenance services as set out in the quotation, such subscription or maintenance services shall include:
(a) the hosting of data and attachments, regular backup and disaster recovery at Microsoft Azure Hong Kong data centre;
(b) software updates in connection with government legislative changes, software patches and software enhancements; and
(c) telephone support from 9 a.m. to 6 p.m. (local time in your territory), Monday to Friday, excluding public holidays in your territory. Any and all software or technical enquiry shall be raised through Info-Tech's ticketing system via the Platform, unless otherwise agreed in writing between the parties.
1.8 Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the Platform.
Appears in 1 contract
Samples: Terms and Conditions
YOUR USE OF THE PLATFORM. 1.1 Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Platform, Info-Tech agrees to grant you and your authorised users a non-exclusive, non-sublicensable and non-transferable licence 5.1. Your permission to use the Platform insofar as owned by or licensed through us on any compatible device owned by is personal to you during the term of this Agreementand non-transferable, and only you may not use the Platform for your internal business commercial purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by Info-Tech.
1.2 Use Your use of the Platform is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify Info-Tech and work with Info-Tech to promptly change conditional on your usage to comply compliance with the limit. You rules of conduct set forth in these Terms of Use and you agree and acknowledge that Info-Tech is entitled to invoice you will not:
a) Use the Platform for any usage exceeding fraudulent or unlawful purpose;
b) Use the usage limit.Platform to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
1.3 Access c) Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform or express or imply that we endorse any statement you make;
d) Interfere with or disrupt the operation of the Platform or the servers or networks used to some software components used make the Platform available or violate any requirements, procedures, policies or regulations of such networks;
e) Transmit or otherwise make available in our connection with the Platform any virus, worm or other computer code that is harmful or invasive or may be offered under third party licences as we may notify you or is intended to damage the operation of, in which case your or to monitor the use of those components is governed by such terms to the extent only of of, any inconsistency between this Agreement and those terms.hardware, software, or equipment;
1.4 You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
(af) reproduce, transferReproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Platformof, use of the Platformof, or access to the Platform;
(bg) modify Modify, adapt, translate, reverse engineer, decompile or adapt the whole or disassemble any part portion of the Platform, or permit the Platform or any part of it . If you wish to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
(c) decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
(d) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform;
(e) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Platform;
(f) use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Info-Tech;
(g) use any automated process or service to access and/or use the Platform;
(h) provide, distribute or share, or enable the provision, distribution or sharing of, the Platform (or any data associated therewith) with any third party;
(i) reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in to create an information retrieval system except interoperable program you must contact us and we may provide interface data subject to the extent permitted verification of your identity and with our prior written permission and/or that of the relevant rights ownerother information;
(jh) reproduceRemove any copyright, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and
(k) transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Platform.
1.5 You further undertake to:
(a) at your sole responsibility and at your own cost:
(i) obtain all necessary hardware, software and communications services necessary for your use of the Platform; and
(ii) in the event where you subscribe to our on-premise software, install antivirus trade xxxx or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software;
(b) comply with all applicable laws;
(c) where applicable, be solely responsible for payment of all relevant Fees for the use of the Platform, and abide by all applicable payment terms as we may make known to you from time to time on our Platform; and
(d) procure that your authorised users use the Platform in accordance with this Agreement. You shall be responsible to Info-Tech for any breach of this Agreement by any of your authorised users.
1.6 You acknowledge and agree that:
(a) when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Info-Tech also may offer other services from time to time, which are governed by different terms and conditions;
(b) Info-Tech may establish general practices and limits concerning use of the Platform. You agree that Info-Tech has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Platform. You acknowledge that Info-Tech reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-Tech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice;
(c) Info-Tech shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content proprietary rights notice from the Platform shall be without prejudice to our other rights and remedies available at law;
(d) the intellectual property rights in all or materials published on the Platform (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Info-Tech or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through originating from the Platform;
(ei) the licences granted herein do not confer on you Frame or mirror any rights to use any other intellectual property rights of Info-Tech, including the Info-Tech logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of Info-TechPlatform without our express prior written consent;
(fj) Create a database by systematically downloading and storing Platform content;
k) Use any manual or automatic device in any way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the foregoing, we shall have grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
5.2. We reserve the right to at any time and from time to time:
(i) switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by Info- Tech revoke these exceptions either generally or in its sole and absolute discretion, without ascribing any reasons whatsoever;
(ii) automatically update the Platform and its components, add or remove functionalities, features or services (collectively, "Platform Functions"), and;
(iii) deny or restrict access to the Platform or any Platform Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to Info-Tech's or its affiliates' brand, reputation or business as determined by Info-Tech in its sole and absolute discretion, without ascribing any reasons whatsoever, and in any such event, you agree that no claims shall lie against us or our affiliates, employees, agents or our service providers (collectively, "Info-Tech Personnel") in connection therewith; and
(g) unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the terms of this Agreementspecific instances.
1.7 In the event where you subscribe for our subscription or maintenance services as set out in the quotation, such subscription or maintenance services shall include:
(a) the hosting of data and attachments, regular backup and disaster recovery at Microsoft Azure Hong Kong data centre;
(b) software updates in connection with government legislative changes, software patches and software enhancements; and
(c) telephone support from 9 a.m. to 6 p.m. (local time in your territory), Monday to Friday, excluding public holidays in your territory. Any and all software or technical enquiry shall be raised through Info-Tech's ticketing system via the Platform, unless otherwise agreed in writing between the parties.
1.8 Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the Platform.
Appears in 1 contract
Samples: Terms and Conditions
YOUR USE OF THE PLATFORM. 1.1 2.1 Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Platform, Info-Tech Digisme agrees to grant you and your authorised users a non-exclusive, non-sublicensable and non-transferable licence to use the Platform insofar as owned by or licensed through us on any compatible device owned by you during the term of this Agreement, and only for your internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by Info-TechDigisme.
1.2 2.2 Use of the Platform is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify Info-Tech Digisme and work with Info-Tech Digisme to promptly change your usage to comply with the limit. You agree and acknowledge that Info-Tech Digisme is entitled to invoice you for any usage exceeding the usage limit.
1.3 2.3 Access to some software components used in our Platform may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
1.4 2.4 You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
(a) reproduce, transfer, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform;
(b) modify or adapt the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
(c) decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
(d) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform;
(e) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Platform;
(f) use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Info-TechDigisme;
(g) use any automated process or service to access and/or use the Platform;
(h) provide, distribute or share, or enable the provision, distribution or sharing of, the Platform (or any data associated therewith) with any third party;
(i) reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner;
(j) reproduce, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and
(k) transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Platform.
1.5 2.5 You further undertake to:
(a) at your sole responsibility and at your own cost:
(i) obtain all necessary hardware, software and communications services necessary for your use of the Platform; and
(ii) in the event where you subscribe to our on-premise software, install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software;
(b) comply with all applicable laws;
(c) where applicable, be solely responsible for payment of all relevant Fees for the use of the Platform, and abide by all applicable payment terms as we may make known to you from time to time on our Platform; and
(d) procure that your authorised users use the Platform in accordance with this Agreement. You shall be responsible to Info-Tech Digisme for any breach of this Agreement by any of your authorised users.
1.6 2.6 You acknowledge and agree that:
(a) when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Info-Tech Digisme also may offer other services from time to time, which are governed by different terms and conditions;
(b) Info-Tech Digisme may establish general practices and limits concerning use of the Platform. You agree that Info-Tech Digisme has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Platform. You acknowledge that Info-Tech Digisme reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-Tech Digisme reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice;
(c) Info-Tech Digisme shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the Platform shall be without prejudice to our other rights and remedies available at law;
(d) the intellectual property rights in all materials published on the Platform (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Info-Tech Digisme or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Platform;
(e) the licences granted herein do not confer on you any rights to use any other intellectual property rights of Info-TechDigisme, including the Info-Tech Digisme logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of Info-TechDigisme;
(f) we shall have the right to at any time and from time to time:
(i) switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by Info- Tech Digisme in its sole and absolute discretion, without ascribing any reasons whatsoever;
(ii) automatically update the Platform and its components, add or remove functionalities, features or services (collectively, "Platform Functions"), and;
(iii) deny or restrict access to the Platform or any Platform Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to Info-TechDigisme's or its affiliates' brand, reputation or business as determined by Info-Tech Digisme in its sole and absolute discretion, without ascribing any reasons whatsoever, and in any such event, you agree that no claims shall lie against us or our affiliates, employees, agents or our service providers (collectively, "Info-Tech Digisme Personnel") in connection therewith; and
(g) unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the terms of this Agreement.
1.7 2.7 In the event where you subscribe for our subscription or maintenance services as set out in the quotation, such subscription or maintenance services shall include:
(a) the hosting of data and attachments, regular backup and disaster recovery at Microsoft Azure Hong Kong Singapore data centre;
(b) software updates in connection with government legislative changes, software patches and software enhancements; and
(c) telephone support from 9 a.m. to 6 p.m. (local time in your territory), Monday to Friday, excluding public holidays in your territory. Any and all software or technical enquiry shall be raised through Info-TechDigisme's ticketing system via the Platform, unless otherwise agreed in writing between the parties.
1.8 2.8 Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the Platform.
Appears in 1 contract
Samples: Terms of Service
