4. AUTHORIZATION AND CUSTOMER RESTRICTIONS
4.1
Subject to and conditioned on Customer's payment of the Fees and compliance and performance in accordance
with
all other terms and conditions of this Agreement, Tara Intelligence Inc. hereby authorizes Customer to
access
and use, during the Term, the Services and its software application that provides remote access to the
Services. This authorization is non-exclusive and other than as may be expressly set forth in Section 10,
non-transferable.
4.2
For purposes of clarity and without limiting the generality of the foregoing, Customer shall not,
except
as
this Agreement expressly permits (a) copy, modify or create derivative works or improvements of the
Services;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available
any
Services to any other 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 Services,
in
whole or in part; (d) bypass or breach any security device or protection used by the Services or access or
use
the Services 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 Services, 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 Services or Tara
Intelligence
Inc.'s provision of services to any third party, in whole or in part; (g) remove, delete, alter or obscure
any
copyright, trademark, patent or other intellectual property or proprietary rights notices from any
Services;
(h) access or use the Services in any manner or for any purpose that infringes, misappropriates or
otherwise
violates any intellectual property right of any third party or that violates any applicable law; (i)
access
or
use the Services for purposes of competitive analysis of the Services, the development, provision or use
of
a
competing software service or product or any other purpose that is to Tara Intelligence Inc.'s detriment
or
commercial disadTara Intelligence Inc.ge; or (j) otherwise access or use the Services beyond the scope of
the
authorization granted under Section 4.1.
4.3
Further, Customer may not remove or export from the United States or allow the export or re-export of the
Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws
or
regulations of the United States Department of Commerce, the United States Department of Treasury Office
of
Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR
section
2.101, the Services and documentation are "commercial items" and according to DFAR section
252.2277014(a)(1)
and (5) are deemed to be "commercial computer software" and "commercial computer software documentation."
Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release,
performance, display, or disclosure of such commercial software or commercial software documentation by
the
U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to
the
extent expressly permitted by the terms of this Agreement.
4.4
Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed
to
connect to, access or otherwise use the Services, including, without limitation, modems, hardware,
servers,
software, operating systems, networking, web servers and the like (collectively, "Equipment"). Customer
shall
also be responsible for maintaining the security of the Equipment, Access Credentials and files, and for
all
uses of Access Credentials or the Equipment with or without Customer's knowledge or consent.