ALLFINANZ NOVA Acceptable Use Policy
1. Acceptable Use Policy. Customer shall comply with the licensing terms and conditions with respect to the Hosted Services herein. In relation to restrictions on the Hosted Services:
(a) Prohibited Materials. Customer shall not store, distribute or transmit any Virus, or any material through the Hosted Services (1) that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, (2) that infringes third party rights including but not limited to third party Intellectual Property Rights, proprietary rights or privacy rights, (3) that contains software or data that is unlawful or obtained illegally or without licence, (4) that advances conduct that violates (or would violate) Applicable Law, (5) that facilitates illegal activity, that is harmful to minors, that depicts sexually explicit images, or promotes any hate-related or violent material or material advocating discrimination against individuals or groups based on race, gender, colour, religious belief, sexual orientation or disability, (6) that advocates support for any religious, ethnic or political group, (7) that advocates or advances criminal hacking, cracking or phishing or any other illegal activities; or (ix) that damages the Hosted Services.
(b) Prohibited Actions. Customer shall not, and shall ensure that each of its Permitted Third Parties and customers shall not, do any of the following in connection with its access to and use of the Hosted Services: (1) attempt to copy, adapt, duplicate, modify, create derivative works from or distribute any portion of the Standard Software (except as may be allowed by any applicable law which is incapable of exclusion by agreement), (2) access any part of Hosted Services in order to build a product or service which competes with the Hosted Services, (3) use the Hosted Services to provide services to third parties outside of the scope of the licensed purpose granted in clause 4.4 of the ALLFINANZ NOVA Subsciptions Terms and Condition Schedule, or to provide service bureau operations or outsourcing services or to transfer, temporarily or permanently, any of its rights under this Agreement, (4) attempt to obtain, or allow or assist unauthorised third parties to obtain access to and/or use the Hosted Services; Customer shall promptly notify the Supplier of any such unauthorised access or use; (5) distribute, sell, sublicense, rent, lease or use the Hosted Services for time sharing, hosting, service provider or like purposes; (6) remove any product identification, proprietary, copyright, trademark, service mark, or other notices contained in the Hosted Services; (7) impersonate any person or act in a way which may reasonably be judged injurious to third parties; (8) use the Hosted Services outside usage limits and terms set out in the Service Level Agreement; (9) provide back-doors or poorly secured access mechanisms into the Hosted Services through insufficient or unenforced security processes or controls, including but not limited to log-in controls, password complexity, physical access controls; (10) harvest information from any website or service to discover email addresses or other customer information; (11) sell, share, transfer or distribute to a third party any person’s personal data without that person’s consent; (12) perform load or security testing on the Hosted Service without first obtaining Supplier’s written consent; (13) infringe other customers’ use and enjoyment of the Hosted Services; (14) use any manual or automated means, including without limitation, agents, robots, screen- scrapers, spiders or scripts to access, monitor or copy any part of the Hosted Services without the Supplier’s prior written consent; (15) install monitoring software, rate limiting software or security software or any other software that materially alters or controls the Customer’s access to or use of the Hosted Services without the Supplier’s prior written consent; (16) use the Hosted Services in a manner that disparages the Supplier; (17) allow any Supplier Competitor to access the Hosted Services or Hosted Environment for any purpose, including, but not limited to giving demonstrations of functionality, providing performance information, descriptions of workflows, descriptions of functionality, screen images, pricing or billing information or Hosted Services descriptions; (18) display images of the Hosted Services in marketing or advertising without the Supplier’s prior written consent; (19) use the Hosted Services for demonstrations to third parties without the prior written consent of Supplier; or (20) allow the Hosted Services Output derived from Rulebook Designer to be used in conjunction with any software other than the Standard Software.
(c) Supplier may update and amend the list of Prohibited Materials and Prohibited Actions set out at clauses 1(a) and (b) of this schedule provided that such revisions (i) are substantially in line with industry standards in Ireland, (ii) do not adversely affect the performance of the Hosted Services, and (iii) any material revisions are notified to the Customer
2 Customer may not use any of Supplier’s proprietary software or Confidential Information provided by the Supplier or obtained by the Customer during any such reduction permitted under clause 1.(b)(1) of this policy to create any software whose expression is substantially similar to that of the Hosted Services nor use such information in any manner which would be restricted by any copyright subsisting in it.