Common use of Harmful Code Clause in Contracts

Harmful Code. To the Company’s Knowledge, no Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (i) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (ii) damaging or destroying any data or file without the user’s consent.

Appears in 3 contracts

Samples: Merger Agreement (MoSys, Inc.), Merger Agreement (Broadsoft Inc), Loan and Security Agreement (Broadsoft Inc)

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Harmful Code. To the Company’s Knowledge, no No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ia) disrupting, disabling, harming, or otherwise materially impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (iib) damaging or destroying any data or file without the user’s consent.

Appears in 3 contracts

Samples: Merger Agreement (WEB.COM, Inc.), Merger Agreement (Website Pros Inc), Merger Agreement (Website Pros Inc)

Harmful Code. To the Company’s Knowledge, no No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ia) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (iib) damaging or destroying any data or file without the user’s consent.

Appears in 3 contracts

Samples: Merger Agreement (Dot Hill Systems Corp), Merger Agreement (Volcano CORP), Merger Agreement (Websense Inc)

Harmful Code. To the Company’s KnowledgeKnowledge of Seller, no Company Business Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ia) disrupting, disabling, harming, harming or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (iib) damaging or destroying any data or file without the user’s consent.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Mediabistro Inc.), Asset Purchase Agreement (Webmedia Brands Inc.)

Harmful Code. To the Company’s Knowledgeknowledge, no Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (i) disrupting, disabling, harming, harming or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (ii) damaging or destroying any data or file without the user’s consent. Company has taken commercially reasonable steps intended to prevent the introduction of any code designed or intended to have, or capable of performing, any of the foregoing functions.

Appears in 1 contract

Samples: Merger Agreement (Rapid7, Inc.)

Harmful Code. To the Company’s Knowledge, no Company No Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (i) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; , or (ii) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Asset Purchase Agreement (Intelligent Systems Corp)

Harmful Code. To the Company’s Knowledge, no No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (i) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (ii) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Merger Agreement (Enernoc Inc)

Harmful Code. To the Company’s Knowledge, no The Company Software contains does not contain any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, have any of the following functions: (ia) disrupting, disabling, harming, or otherwise impeding in any a malicious manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (iib) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Merger Agreement (St. Bernard Software, Inc.)

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Harmful Code. To the Company’s Knowledge, no Company No Acquired Corporation Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (i) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (ii) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Merger Agreement (Synopsys Inc)

Harmful Code. To the Knowledge of the Company’s Knowledge, no Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ia) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (iib) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Merger Agreement (Cavium, Inc.)

Harmful Code. To the Company’s Knowledge, no No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (iA) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (iiB) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Merger Agreement (Ipass Inc)

Harmful Code. To the Company’s Knowledge, no No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (i) materially disrupting, disabling, harming, or otherwise materially impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (iib) materially damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Merger Agreement (Servidyne, Inc.)

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