29.148Subject to applicable laws and regulations in relation to our provision of the Software to you, you acknowledge and agree that the following restrictions exist in relation to your use of the Software: (a)you must (and you must ensure your End Users must) use industry-standard physical, logical, and electronic security and confidentiality systems to protect the Software, using at least the same degree of care you utilise for the protection of your own software and other confidential and proprietary information; (b)you must not share with or assign, copy, sublicense, transfer, lease, rent, sell, distribute, install, or otherwise provide to any other person (other than End Users) your licence to the Software, the Software itself, any use or application of the Software or any other rights under your agreement with us; (c)you must (and you must ensure your End Users must) use the Software solely for your internal use with your ordinary business operations, only in accordance with all applicable laws and regulations, and in a manner consistent with your agreement with us any supplemental limitations specified or referenced in the relevant agreement, if any; (d)you must not (and you must ensure your End Users must not) use the Software except as specified or referenced in the Documentation or use the Documentation except for supporting your authorised use of the Software; (e)you must (and you must ensure your End Users must) not modify, adapt, translate, duplicate (except as expressly allowed in your agreement with us), disassemble, decompile, reverse assemble, reverse compile, or reverse engineer, or take similar action with respect to the Software for any purpose, or otherwise attempt to discover the underlying source code of the Software, for any purpose (unless enforcement is prohibited by applicable law and then, to only the extent specifically permitted by applicable law, and only upon providing Telstra with reasonable advance written notice and opportunity to respond); (f)for the purpose of designing, modifying, or developing software or services similar in purpose, scope, or function to the Software, you must not (and you must ensure your End Users must not) engage in competitive analysis, benchmarking, use, evaluation or viewing of the Software or Documentation or create any Derivatives based upon the Software, whether for your internal use or for license or for resale; (g)you must not (and you must ensure your End Users must not) use the Software, and must ensure that the Software is not used, in or in conjunction with any applications where product failure could lead to injury to persons, loss of life or severe property or environmental damage; (h)if you use the Software to manage Compatible Devices running on the operating system known as "iOS" from Apple, you must not (and you must ensure your End Users must not) use the Software without first obtaining your own APNs Certificate from Apple; and (i)you must not permit any person (including an End User), whether acting directly or on your behalf, to breach or violate any of the restrictions set forth in this section. 29.149You acknowledge and agree that Telstra’s licensor retains all ownership and intellectual property rights to the Software at all times. Title to the Software does not pass to you, the End User, or any third party. Telstra and its licensors disclaim, to the extent permitted by applicable law, its liability for any damages, whether direct, indirect, incidental, or consequential, arising from the use of the Software. Telstra and its licensors will not be required to perform any obligations, nor will Telstra or its licensors incur any liability, except as previously agreed between them in writing. 29.150You acknowledge and agree that the Software is subject to United States of America export control laws and regulations and may be subject to export or import regulations in other countries. These laws and regulations include licensing requirements and restrictions on destinations, end users, and end use. You agree to comply with all United States of America domestic and international export and import laws and regulations that apply to the Software and acknowledge that you have the responsibility to obtain any and all necessary licenses to export, re-export, or import the Software. More specifically, you covenant that you will not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any the Software, source code, or technology (including products derived from or based on such technology) received from Telstra under your agreement with Telstra, to any other person, entity, or destination prohibited by the laws or regulations of the United States of America, without obtaining prior authorisation from the competent government authorities as required by those laws and regulations.
T-MDM Dedicated Platform – Supplier End User Terms (Citrix)
29.151In this Supplier End User Terms section: (a)“you” or “your” means the customer; (b)“we”, “us” or “our” means Telstra; and (c)T-MDM service means the XenMobile Service. 29.152You: (a)must not resell or resupply the T-MDM service without our prior written consent; (b)must use the T-MDM service in accordance with applicable laws; (c)must provide us (and our subcontractors) with all information we request in connection with the T-MDM service, including but not limited to: (i)the address of your registered office and other office locations; (ii)the locations from which you will use the T-MDM service; and (iii)the locations at which you will install software we provide to you as part of the T-MDM service; (d)must not change the location, or install at another location, software we provide to you as part of the T-MDM service unless we agree otherwise with you; (e)must comply with our reasonable directions in relation to your use of the T-MDM service; (f)must comply with all our directions in relation to your use of software we provide you with as part of the T-MDM service; (g)agree that we may suspend our supply of the T-MDM service where that supply is, or is likely to be, contrary to law (including any export control laws); (h)except where permitted by law, must not modify or reverse engineer the object code of the any software we provide you as part of the T-MDM service without our prior written consent; (i)must not use the T-MDM service in a way that interferes (or threatens to interfere) with the efficiency and security of the T-MDM service or another person’s services; (j)must not use the T-MDM service to distribute any form of malicious, destructive or harmful code (including without limitation Trojan horses and worms) or any instructions activating such code; (k)must not use the T-MDM service to menace, harass or stalk any person whether intentionally or unintentionally; (l)must not use the T-MDM service to distribute material that is defamatory, obscene or could cause offence or harm; and (m)must not use the T-MDM service in a manner that infringes any other person’s intellectual property rights, confidential information or other rights.
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