Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription

Home Browse Search

users and obtaining any legally -required consents from your users concerning their use of the Service Offering. You are solely responsible for complying with any laws or regulations that might apply to Your Content. You are responsible for any losses or other consequences arising from your failure to encrypt or back up Your Content. 3. Acceptable Use. 3.1 General Restrictions. You and those accessing the Service Offering through you may not: (a) resell or sublicense the Service Offering; or (b) use or access the Service Offering: (i) in away prohibited by law, regulation, governmental order or decree; (ii) to violate any rights of others; (iii)to try to gain unauthorized access to, test the vulnerability of, or disrupt the Service Offering orany other service, device, data, account or network; (iv) to spam or distribute malware; (v) in a waythat could harm the Service Offering or impair anyone else's use of it; (vi) in a way intended towork around the Service Offering's technical limitations, recurring fees or usage limits; or (vii) in any application or situation where failure of the Service Offering could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage. You must ensure that your users comply with the terms of this Agreement, and you agree that if you become aware of any violation by one of your users, you will terminate that user's access to Your Content immediately. If we have reason to believe that you or your users have breached this Agreement, we orour designated representative may review your use of the Service Offering, including your account, Your Content, and your records, to verify your compliance with this Agreement. 3.2 Content Restrictions. You will take steps to ensure that those accessing any service you provide with the Service Offering do not post content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical ormental illness to anyone; (b) may create a risk of any other loss or damage to any person or property; (c) may constitute or contribute to a crime or tort; (d) contains any information or content that is illegal, unlawful, harmful, abusive, pornographic, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publiclyor otherwise), libelous, threatening, or otherwise objectionable; or (e) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You are solely responsible for any software, product or service that a third party licenses, sells or makes available to you that you install or use with the Service Offering. Your use of that software, product or service is governed by separate terms between you and thatthird party. We are not a party to and are not bound by any of those separate terms. You representand warrant that Your Content does not and will not violate any third -party rights, including any Intellectual Property Rights, and rights of publicity and privacy. You will ensure that your use ofthe Service Offering complies at all times with your privacy policies and all applicable laws and regulations, including any encryption requirements. 3.3 Violations of Acceptable Use. If you become aware that any of Your Content or your user's use of Your Content violates Section 3.1 or 3.2, you will take immediate action to remove the applicable part of Your Content or suspend the end user's access. If you fail to do so, we mayask you to do so. If you fail to comply with our request within twenty-four hours, we may suspend your account or disable access to Your Content until you comply with our request. 3.4 Notification of Infringement Concerns. If you believe that your copyrighted work has been copied and is accessible on our Service Offering in a way that constitutes copyright infringement, please send a notice to us as further detailed in Section 8 of the Community Terms of Use available at http://www.vmware.com/community_terms.html. 4. IP Ownership.