(a) In all instances, the Console and the Services are not being sold to you; rather, you are being granted a limited and revocable license to access and use the Console and Services. Access to and use of the Console and Services is limited to internal business purposes that are non-competitive with ours (“Business Use”). By accessing and using the Console and the Services, you agree to: (i) use our Services solely for the Business Use; (ii) to keep strictly confidential all user content (including any user’s Account information), Service Content and other information accessed through the use of the Console and Services, as well as any technical, financial, strategic and other proprietary and confidential information relating to our or our business operations that you may access or that we may directly or indirectly provide (“Confidential Information”); (iii) not share any Confidential Information with anyone except to those employed by your employer, but only where the sharing of the Confidential Information is necessary to further the Business Purpose and only after those persons have been informed of these obligations of confidentiality and have agreed to be bound or are already bound by obligations of confidentiality at least as restrictive as those contained herein ; and (iv) not share your Account access information with any other user, including other employees of your employer.
(b) Access to and use of the Console and Services generally require that you have internet or data network access. You are responsible for obtaining all such access, along with the computers, mobile devices and other equipment necessary and any software necessary to access and use the Console and Services. We do not guarantee that the Console or Services, or any portion of them, will or will continue to function on or interoperate with any particular equipment, device, or software.
(c) You acknowledge that we reserve the right to discontinue access to or use of the Console and the Services, in whole or in part, at any time. When using the Console and Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright and privacy laws. Except as expressly permitted in these Terms or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
(d) Furthermore, except as expressly permitted in these Terms, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in, on, or through the Console, Services, or Service Content;
(ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict access to or the use of or copying of the Console, Services, or Service Content;
(iii) use an automatic device (such as a robot or spider) or manual process to monitor, copy, or “scrape” the Console, Services, or Service Content for any purpose without our express written permission;
(iv) collect or harvest any personally identifiable information or non-personally identifiable information from the Console, Services, or Service Content including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) use any device, software, or routine that interferes with the proper working of the Console, Services, or Service Content or enosix’s equipment, network, and systems;
(vii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(viii) impersonate or attempt to impersonate enosix, an enosix employee, another user, or any other person or entity (including, without limitation, by using email addresses or Accounts associated with any of the foregoing);
(ix) attempt to or interfere with the proper working of the Console, Services, or Service Content or impair, overburden, or disable the same;
(x) decompile, reverse engineer, or disassemble any portion of the Console, Services, or Service Content;
(xi) use network-monitoring software to monitor their availability or to determine architecture of or extract usage data from the Console, Services, or Service Content;
(xii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account);
(xiii) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
(xiv) use the Console, Services, or Service Content for purposes that are competitive with enosix; and/or
(xv) engage in any conduct that restricts or inhibits any other user from using or enjoying the Console, Services, or Service Content.
(e) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.