Disabling Devices. Supplier represents, warrants and agrees that it shall not knowingly cause any unplanned interruption of the operations of, or accessibility to the Gap IT Environment through any device, method or means including, the use of any “virus,” “lockup,” “time bomb,” “key lock” device program, or disabling code, for which a purpose is to: (1) cause any unplanned interruption of the operations of (other than devices that are necessary to safeguard the device or the Gap IT Environment) or prevent the accessibility of the Gap IT Environment to Gap or any Authorized User, (2) alter, destroy, or inhibit the use of the Gap IT Environment, or (3) block access to, or prevent the use/accessibility of, the Gap IT Environment by Gap or Authorized Users (collectively referred to for purposes of this Section as “Disabling Device(s)”). Supplier agrees that it has not, and will not, place any Disabling Device in the Gap IT Environment (other than licensing limitation controls (e.g., keys) that are incorporated into commercially available Software), nor shall it invoke any Disabling Devices contained on the Gap IT Environment at any time (including upon expiration or termination of this Agreement for any reason). In the event of a breach of this Section (Disabling Devices) by Supplier, Supplier shall remove the Disabling Device and restore such data or information to the most recently available electronic back-up copy and supporting transaction logs at no cost to Gap.
Disabling Devices. Licensor represents and warrants that at the time of download the Software shall not contain any computer code or any other procedures, routines or mechanisms designed by Licensor (or its personnel or licensors) to: (i) disrupt, disable, harm or impair in any way the Software’s (or any other software’s) orderly operation based on the elapsing of a period of time advancement to a particular date or other numeral (sometimes referred to as “time bombs”, “time locks”, or “drop dead” devices); (ii) cause the Software to damage or corrupt any of Licensee’s, data, storage media, programs, equipment or communications, or otherwise interfere with Licensee’s use of the Software in accordance with this Agreement, or (iii) permit Licensor, its personnel, or any other third party, to access the Software (or any other software or Licensee’s or its Affiliates’ computer systems) for any reason (sometimes referred to as “traps”, “access codes” or “trap door” devices).
Disabling Devices. The Software does not contain any disabling mechanisms or protection features which are designed to disrupt or prevent the normal and authorized use of the Software, including time locks, computer viruses, trojan horses, worms, malware, spyware or other device or code designed or intended to disrupt, disable, harm, or otherwise impair or prevent the normal and authorized operation of the Software.
Disabling Devices. Licensor represents and warrants that at the time of download the Software shall not contain any computer code or any other procedures, routines or mechanisms designed by Licensor (or its personnel or licensors) to: (i) disrupt, disable, harm or impair in any way the Software’s (or any other software’s) orderly operation based on the elapsing of a period of time advancement to a particular date or other numeral (sometimes referred to as “time bombs”, “time locks”, or “drop dead”
Disabling Devices. Supplier warrants that it has successfully tested the Programs and warrants that the Hosting Services and the Programs and System Software utilized in the performance of such do not contain threats known as software viruses, time or logic bombs, Trojan horses, worms, timers or clocks, trap doors, keys, node locks, time-outs or other functions, instructions, devices or techniques whether implemented by electronic, mechanical or other means that can or were designed to erase data or programming, infect, disrupt, damage, disable, shut down a computer system or any component of such computer system, including, but not limited to, its security or user data, or otherwise cause any Programs to become inoperable or incapable of being used in accordance with the User Documentation (hereinafter “Disabling Devices”).
Disabling Devices. Supplier warrants that it has successfully tested the Programs to determine if such Programs contain threats known as software viruses, time or logic bombs, trojan horses, worms, timers or clocks, trap doors, keys, node locks, time-outs or other functions, instructions, devices or techniques, whether implemented by electronic, mechanical or other means, that can or were designed to erase data or programming, infect, disrupt, damage, disable, shut down a computer system or any component of such computer system, including, but not limited to, its security or user data, or otherwise cause any Programs to become inoperable or incapable of being used in accordance with the User Documentation (hereinafter “Disabling Devices”). Supplier further warrants that such Programs are free and clear of and contain no Disabling Devices and that Supplier will maintain clean copies that are free and clear of and contain no Disabling Devices. Upon Aetna’s request, Supplier shall provide a clean copy to Aetna for comparison with and correction of copies in Aetna’s custody or possession and, upon Aetna’s request, Supplier shall correct such copies.
Disabling Devices. Unisys will not introduce, and will use commercially reasonable efforts to prevent its third parties from introducing, into any Deliverables any Disabling Device and all Services will be performed utilizing commercially reasonable security measures, including those required under this Agreement. If at any time the licensor of any third party software invokes or threatens to invoke any disabling code in third party software licensed to Unisys, which could adversely affect the Services, Unisys will use commercially reasonable efforts to preclude such action on the part of such licensor.
Disabling Devices. Except in respect of Third Party Materials, neither the Licensed Technology nor the BofA Funded Improvements contain any back door, time bomb, worm, Trojan horse, software lock, drop-dead device or other software routine designed to disable the Licensed Technology or any BofA Funded Improvement or damage, alter, erase or harm BofA's data, systems or software. 724 will use commercially reasonable efforts to have included a similar provision in each custom license agreement with any provider of Third Party Materials.
Disabling Devices. Licensed Technology does not contain any back door, time bomb, worm, Trojan horse, software lock, drop-dead device or other software routine designed to disable the Licensed Technology or damage, alter, erase or harm BMO's data, systems or software.
Disabling Devices. Premier Provider agrees to establish and maintain controls and procedures sufficient to timely and accurately [*************************************************]. In the event that the [***********************************] in any [***************************************************] that the Page is served up to end users [*********************************]. For purposes of this Agreement, the term "DISABLING DEVICE" shall mean any means or functionality provided, directly or indirectly pursuant to an agreement between Premier Provider and a third party (other than an on-line end user agreement that accompanies such means or functionality), by Premier Provider which (i) alters or modifies, or enables end users to alter or modify, the Browser standard user interface or configuration (other than Browsers that are altered or modified by third parties to accommodate search functionality and that have been granted the right by Netscape to make such alterations or modifications), (ii) disables any functionality of the Browser (other than search functionality of Browsers that is disabled by third parties that have been granted the right by Netscape to disable such search functionality), or (iii) modifies the functioning of pages served from Netscape's U.S. English-language Web Site; provided that a Disabling Device shall not include any such means or functionality implemented by an end user prior to the Premier Period. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 7
