1. General Restrictions re: Services and Alcumus Materials. Customer shall not do or attempt, or permit any of its Authorized Users or any third parties, to do any of the following with respect to any or all of the Services, Available Third Party Tools, or Alcumus Materials (including, without limitation, any APIs):
(a) use them to provide services for or on behalf of any third party, or commercially exploit them in any way, including by operating as a service bureau, by time-sharing, or other multiple User basis, or by framing or mirroring any part of them;
(b) sell, resell, license, sublicense, rent, lease, lend, copy, reproduce, distribute, redistribute, assign, transfer, publish, or make available any of them or any Intellectual Property Rights therein;
(c) use them in any manner that competes with Alcumus, such as to build a competitive product or service or otherwise modify them or create derivative works or make derivative works based on them, including to build a product or service using any similar ideas, features, functions or graphics of them or to copy or modify any or all of them;
(d) use any security testing tools in order to probe, scan or attempt to penetrate or ascertain their security, or to engage in denial of service attacks;
(e) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm them, in any manner, or Alcumus’ provision of services to any third party, in whole or in part, including to use any API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage;
(f) use them for purposes of monitoring their availability, performance or functionality, or for any other benchmarking, comparison or competitive purpose;
(g) disclose or publish any result of their performance;
(h) modify, reverse engineer, adapt, translate, decompile or otherwise derive their source code;
(i) use any software in connection with them that may require any or all of them, or other intellectual property of Alcumus or its suppliers or licensors, to be disclosed or distributed in source code form, made available free of charge to recipients, or modifiable without restriction;
(j) remove, modify or obscure any proprietary notices, labels or marks in or on any or all of them; or
(k) use them in a manner inconsistent with this Agreement, or in a manner that is contrary to applicable law, rule or regulation or Intellectual Property Rights, including privacy and export laws.
2. Unauthorized Access or Use. Customer shall not gain, or attempt to gain, or permit any third party to gain, unauthorized access to the Cloud Services, including without limitation through automated means not provided by Alcumus (e.g., APIs) or through means other than Access Methods. Without limiting the foregoing, Customer will not attempt to exceed or circumvent limitations on access, calls and use of any API. An Authorized User’s Access Method may not be shared with, or user identification reassigned to (unless reassigned as part of a concurrent user access right to a new individual replacing one who no longer requires ongoing use of the Services), any other Authorized User.
3. Customer Systems. Customer shall ensure that all Customer Systems (a) have antivirus protection with the most current patches and updates, and have been hardened for security by removing all unsecure and unnecessary services that may have the capability to extract, store or manipulate Alcumus’ Confidential Information or otherwise circumvent the security of the Cloud Services; (b) are configured in accordance with the “principle of least privilege”; and (c) will comply with any reasonable legal, technical and organizational security measures as may be specified by Alcumus from time-to-time.
4. Customer Data. Customer will not, nor will it permit its Users or any third parties to, or otherwise attempt to, upload, input, transmit, activate, process provide or make available via the Services or otherwise to Alcumus any Customer Data that (a) contains any Harmful Code; (b) is discriminatory, hateful, threatening, abusive, harassing, defamatory, libelous, obscene, deceptive, or fraudulent; (c) constitutes unsolicited commercial electronic messages, bulk e-mail, junk mail, or spam; (d) contains any personal or protected health information; (e) otherwise violates the Agreement; or (f) infringes, misappropriates or otherwise violates any Intellectual Property Right, right of confidentiality, right of privacy, right of publicity or other rights of any third party, or violates any applicable law, rule or regulation.