Acceptable Use Policy

Definitions

Any capitalized terms used herein and not defined below shall have the meaning ascribed to them in the relevant Cloud Services Agreement (the “Agreement”).

“Access Credentials” means any username, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the Services.

“Authorized User” means Customer’s employees, consultants, contractors, and agents (a) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to the Agreement; and (b) for whom access to the Services has been purchased thereunder.

“Harmful Code” means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent Customer or any Authorized User from accessing or using the Services or Provider Systems as intended by the Agreement. Harmful Code does not include any Provider disabling device.

Use Restrictions. Customer shall not, and shall not permit any other person to, directly or indirectly, access or use the Cloud Services or Provider Materials except as expressly permitted by the relevant Cloud Services Agreement and, in the case of Third-Party materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as an effective Cloud Services Agreement expressly permits:

(a)        copy, modify, or create derivative works or improvements of the Cloud Services or Provider Materials;

(b)        rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Cloud Services or Provider Materials 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 Cloud Services or Provider Materials, in whole or in part;

(d)       bypass or breach any security device or protection used by the Cloud Services or Provider Materials or access or use the Cloud Services or Provider Materials other than by an Authorized User through the use of his or her own then valid Access Credentials;

(e)        input, upload, transmit, or otherwise provide to or through the Cloud Services or Provider Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;

(f)        damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Cloud Services, Provider Systems, or Provider’s provision of services to any third party, in whole or in part;

(g)        remove, delete, alter, or obscure any trademarks, Documentation, licenses, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Cloud Services or Provider Materials, including any copy thereof;

(h)        access or use the Cloud Services or Provider Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Provider customer), or that violates any applicable Law;

(i)         access or use the Cloud Services or Provider Materials for purposes of competitive analysis of the Cloud Services or Provider Materials, the development, provision, or use of a competing software service or product or any other purpose that is to the Provider’s detriment or commercial disadvantage;

(j)         Except as specified in Provider Materials, access or use the Cloud Services or Provider Materials in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems, or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Cloud Services could lead to personal injury or severe physical or property damage; or

(k)        otherwise access or use the Cloud Services or Provider Materials beyond the scope of the authorization granted under this Policy, the applicable Cloud Service Agreement, or Order Form.