2.2 Restrictions. You agree that you will not, and will not assist, permit, authorize, or enable others to, do any of the following (each, a “Restriction”) without our express written consent: (i) reverse engineer, modify decompile the Software or any component thereof in any way, or attempt to create a substitute or similar service through use of or access to the Software (ii) copy, rent, lease, sell, transfer, assign, sublicense, or alter any part of the software including but not limited to the following: Threat Extinguisher Threat Alert System server software; Threat Extinguisher Threat Alert System manager client; Threat Extinguisher Threat Alert System desktop (“Basic”) client; all firmware, and any hardware products; (iii) use Threat Extinguisher’s name to endorse or promote any product; (iv) use the Threat Extinguisher Properties which include the Threat Alert System, Threat Extinguisher Hardware, or Threat Extinguisher Software or any product sold by Threat Extinguisher for any illegal, unauthorized, or otherwise improper purposes, or in any manner which would violate this Agreement; (v) remove any legal, copyright, trademark, or other proprietary rights notices contained in or on the THREAT EXTINGUISHER Properties; (vi) use the THREAT EXTINGUISHER Properties in a manner that, as determined by THREAT EXTINGUISHER, in our sole discretion, exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the THREAT EXTINGUISHER Properties documentation; (vii) imply inaccurate creation, affiliation, sponsorship, or endorsement of you; or (viii) use the THREAT EXTINGUISHER properties on or in connection with any website.
2.3 Updates and Modifications. THREAT EXTINGUISHER may, at its sole discretion, release subsequent versions of the THREAT EXTINGUISHER Software and THREAT ALERT SYSTEM SOFTWARE and underlying data and transmit new code and data to the devices you currently have in service from THREAT EXTINGUISHER to obtain and use the most current version. Before major modifications are made and deployed to the THREAT ALERT SYSTEM, or THREAT EXTINGUISHER PRODUCTS, Threat Extinguisher will provide you sufficient advanced notice along with technical support needed to enable you to make the necessary modifications to your software to insure continued compatibility. If a subsequent version is unacceptable to you, you may discontinue use of the THREAT EXTINGUISHER SOFTWARE AND HARDWARE at any time by simply removing the software and hardware from the installed facility. If you continue to use the Software or Hardware, you will be deemed to have accepted any modifications and new versions.
2.5 Usage Limitations. The Threat Alert System does not impose any usage limitations as to the number of activations per month or desktop messages sent per month. Other Threat Extinguisher products may have limitations and restrictions.
3.1 Device Policy. You are solely responsible and liable for the devices installed and connected to Threat Extinguisher Properties including but not limited to the Threat Alert System, and for supporting and maintaining these devices. You represent and warrant that your usage of the device(s) will not: (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v)be modified to contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) be used in making or as part of a harmful device.
3.3 You understand that the Threat Alert System is designed to communicate through various possible technologies. THREAT EXTINGUISHER does not provide, maintain or support the availability or reliability of the communications layer to the network or internet that is required for the Threat Alert System to function. You fully assume all responsibility for ensuring local network communication and access to the internet for the Threat Alert System and its devices in order to use its functionality. Under no circumstances will THREAT EXTINGUISHER be responsible for an inability to access the local area network or internet due to a failure in facilities, equipment or connectivity required to access the local area network or internet.
4.1 Ownership. As between you and THREAT EXTINGUISHER, THREAT EXTINGUISHER owns all right, title and interest in and to the THREAT EXTINGUISHER Properties, including any mapping data accessed by virtue of the Software, and all Intellectual Property Rights embodied therein or related thereto. Except for the licenses granted in Sections 2.1 (Threat Extinguisher Software), this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by us, including Software and Trademarks and Brand Features (as defined below). You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices and restrictions contained in this Agreement. We claim no responsiblity or control over your devices or or the content sent, posted or displayed through your Device, except for any THREAT EXTINGUISHER Properties therein. “Intellectual Property Rights” shall mean any and all rights existing under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
9.2. THREAT EXTINGUISHER MAKES NO WARRANTY THAT THE THREAT EXTINGUISHER PROPERTIES WILL MEET YOUR REQUIREMENTS OR THAT THE THREAT EXTINGUISHER PROPERTIES WILL BE UNINTERRUPTED, FUNCTION AS EXPECTED, TIMELY, BUG-FREE, SECURE, OR ERROR-FREE.