Product Use Restrictions

Product Use Restrictions

The following exemplar imposes certain restrictions on a customer’s use of and access to a supplier’s licensed products, such as those available under a SaaS or other subscription-based model, including limits on quantities that can be used and who can use them, and prohibitions on copying and/or making derivative works:

Exemplar C57-1

Customer shall not (directly or indirectly): (a) copy or reproduce the Products or the Documentation except as permitted under this Agreement; (b) exceed the subscribed quantities, users or other entitlement measures of the Products as set forth in the applicable Order; (c) remove or destroy any copyright, trademark or other proprietary marking or legends placed on or contained in the Products, Documentation or Supplier Intellectual Property; (d) assign, sell, resell, sublicense, rent, lease, time-share, distribute or otherwise transfer the rights granted to Customer under this Agreement to any third party except as expressly set forth herein; (e) modify, reverse engineer or disassemble the Products; (f) except to the limited extent applicable laws specifically prohibit such restriction, decompile, attempt to derive the source code or underlying ideas or algorithms of any part of the Products, attempt to recreate the Products or use the Products for any competitive or benchmark purposes; (g) create, translate or otherwise prepare derivative works based upon the Products, Documentation or Supplier Intellectual Property; (h) interfere with or disrupt the integrity or performance of the Products; (i) attempt to gain unauthorized access to the Products or its related systems or networks, or perform unauthorized penetrating testing on the Products; (j) use the Products in a manner that infringes on the Intellectual Property rights, publicity rights, or privacy rights of any third party, or to store or transfer defamatory, trade libelous or otherwise unlawful data; or (k) except as otherwise agreed by the Parties in the applicable BAA, store in or process with the Products any personal health data, credit card data, personal financial data or other such sensitive regulated data not required by the Documentation, or any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the United States Department of State. Fees for the Products are based on use of the Products in a manner consistent with the Documentation. If Customer uses the Products in a manner that is outside or in violation of the Documentation, then Customer will cooperate with Supplier to address any applicable burden on the Products or pay an additional mutually agreed upon fee.