Common use of Customer Responsibility for Content Clause in Contracts

Customer Responsibility for Content. Customer is fully responsible for the content, accuracy and completeness of such Content, and any loss, liabilities or damages resulting from the Content, regardless of the nature of the Content including, without limitation, whether the Content consists of, including but not limited to, data, text, graphics, audio, video, or computer software. Customer is solely responsible for backing up or otherwise making duplicates of Content. Customer represents and warrants to Elastic that: (i) Customer owns or has the necessary licenses to provide the Content to Elastic, and the provision of the Content to, and use of the Content by, Elastic as contemplated herein will not infringe the intellectual property rights, including but not limited to copyright, patent, trademark or trade secret rights, of any third party; (ii) the Content does not contain any executable Malware; and (iii) Customer has, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the Content, whether requested to do so by Elastic or otherwise. Customer is solely responsible for verifying that use by its end users of a Cloud Service complies with any requirements under applicable law or regulation governing access to or use of the Content.

Appears in 5 contracts

Samples: Service Subscription Agreement, Service Subscription Agreement, Service Subscription Agreement

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Customer Responsibility for Content. Customer is fully responsible for the content, accuracy and completeness of such Content, and any loss, liabilities or damages resulting from the Content, regardless of the nature of the Content including, without limitation, whether the Content consists of, including but not limited to, data, text, graphics, audio, video, or computer software. Customer is solely responsible for backing up or otherwise making duplicates of Content. Customer represents and warrants to Elastic that: (i) Customer owns or has the necessary licenses to provide the Content to Elastic, and the provision of the Content to, and use of the Content by, Elastic as contemplated herein will not infringe the intellectual property rights, including but not limited to copyright, patent, trademark or trade secret rights, of any third party; (ii) the Content does not contain any executable Malware; and (iii) Customer has, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the Content, whether requested to do so by Elastic or otherwise. Customer is solely responsible for verifying that use by its end users of a Cloud Service complies with any requirements under applicable law or regulation governing access to or use of the Content.

Appears in 4 contracts

Samples: Cloud Services Subscription Agreement, Cloud Services Subscription Agreement, Services Subscription Agreement

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