Common use of Identification of Cyber Threats Clause in Contracts

Identification of Cyber Threats. If Public Agency identifies or otherwise becomes aware of any vulnerabilities or other Cyber Threats relating to the Deliverables for which Design/Builder has not released a Patch, Public Agency shall promptly notify Design/Builder of such vulnerability or other Cyber Threat(s) via the Design/Builder Report a Vulnerability page (xxxxx://xxx.xx.xxx/ww/en/work/support/cybersecurity/report-a-vulnerability.jsp#Public Agencies) and further provide Design/Builder with any reasonably requested information relating to such vulnerability (collectively, “Feedback”). Design/Builder shall have a non-exclusive, perpetual and irrevocable right to use, display, reproduce, modify, and distribute the Feedback (including any confidential information or intellectual property contained therein) in whole or part, including to analyze and fix the vulnerability, to create Patches or Updates for its Public Agencies, and to otherwise modify its Deliverables, in any manner without restrictions, and without any obligation of attribution or compensation to Public Agency; provided, however, Design/Builder shall not publicly disclose Public Agency’s name in connection with such use or the Feedback (unless Public Agency consents otherwise). By submitting Feedback, Public Agency represents and warrants to Design/Builder that Public Agency has all necessary rights in and to such Feedback and all information it contains, including to grant the rights to Design/Builder described herein, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any unlawful information.

Identification of Cyber Threats. If The Participating Public Agency identifies or otherwise becomes aware of any vulnerabilities or other Cyber Threats relating to the Deliverables for which Design/Builder Contractor has not released a Patch, The Participating Public Agency shall promptly notify Design/Builder Contractor of such vulnerability or other Cyber Threat(s) via the Design/Builder Contractor Report a Vulnerability page (xxxxx://xxx.xx.xxx/ww/en/work/support/cybersecurity/report-a-vulnerability.jsp#Public Agenciesxxxxx://xxx.xx.xxx/ww/en/work/support/cybersecurity/report-a-vulnerability.jsp#Region 4 ESCs) and further provide Design/Builder Contractor with any reasonably requested information relating to such vulnerability (collectively, “Feedback”). Design/Builder Contractor shall have a non-exclusive, perpetual and irrevocable right to use, display, reproduce, modify, and distribute the Feedback (including any confidential information or intellectual property contained therein) in whole or part, including to analyze and fix the vulnerability, to create Patches or Updates for its Public Agenciescustomers, and to otherwise modify its Deliverables, in any manner without restrictions, and without any obligation of attribution or compensation to The Participating Public Agency; provided, however, Design/Builder Contractor shall not publicly disclose The Participating Public Agency’s name in connection with such use or the Feedback (unless The Participating Public Agency consents otherwise). By submitting Feedback, The Participating Public Agency represents and warrants to Design/Builder Contractor that The Participating Public Agency has all necessary rights in and to such Feedback and all information it contains, including to grant the rights to Design/Builder described herein, and that Contractor t such Feedback does not infringe any proprietary or other rights of third parties or contain any unlawful information.

Identification of Cyber Threats. If Public Agency Buyer identifies or otherwise becomes aware of any vulnerabilities or other Cyber Threats relating to the Deliverables products, or Software, for which Design/Builder the Seller has not released a Patch, Public Agency Buyer shall promptly notify Design/Builder Seller of such vulnerability or other Cyber Threat(s) via the Design/Builder Seller Report a Vulnerability page (xxxxx://xxx.xx.xxx/ww/en/work/support/cybersecurity/report-a-vulnerability.jsp#Public Agenciesxxxxx://xxx.xx.xxx/ww/en/work/support/cybersecurity/repo rt-a-vulnerability.jsp#Customers) and further provide Design/Builder Seller with any reasonably requested information relating to such vulnerability or Cyber Threats (collectively, “Feedback”). Design/Builder Seller shall have a non-exclusive, perpetual and irrevocable right to use, display, reproduce, modify, and distribute the Feedback (including any confidential information or intellectual property contained therein) in whole or part, including to analyze and fix the vulnerability, to create Patches or Updates for its Public Agenciescustomers, and to otherwise modify its Deliverablesproducts or Software, in any manner without restrictions, and without any obligation of attribution or compensation to Public AgencyBuyer; provided, however, Design/Builder Seller shall not publicly disclose Public AgencyBuyer’s name in connection with such use or the Feedback (unless Public Agency Buyer consents otherwise). By submitting Feedback, Public Agency Buyer represents and warrants to Design/Builder Seller that Public Agency Buyer has all necessary rights in and to such Feedback and all information it contains, including to grant the rights to Design/Builder Seller described herein, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any unlawful information.