ILLICIT CODE WARRANTY Clause Samples
The Illicit Code Warranty clause serves to guarantee that the software provided does not contain any unauthorized, malicious, or harmful code, such as viruses, malware, or hidden backdoors. In practice, this means the provider assures the recipient that the software is free from code designed to damage, disrupt, or gain unauthorized access to systems or data. For example, it covers situations where a program might secretly transmit user data or allow remote control without consent. The core function of this clause is to protect the recipient from security risks and legal liabilities associated with illicit or harmful code embedded in the software.
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ILLICIT CODE WARRANTY. Supplier represents and warrants that the Services (1) contain no hidden files, (2) do not replicate, transmit, or activate the Services without control of a person operating computing equipment on which it resides, (3) do not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides, (4) contain no key, node lock, time-out, "back door,” “trap door," "booby trap," "drop dead device," "data scrambling device" or other function, whether implemented by electronic, mechanical or other means, which is intended to restrict use or access to any Services under this Agreement (hereinafter "Illicit Code"). Provided and to the extent any Services have any of the foregoing attributes that were intentionally written into the Services, and notwithstanding anything elsewhere in this Agreement to the contrary, Supplier will be in default of this Agreement, and no cure period will apply. Supplier agrees, in order to protect UC from damages which may be intentionally or unintentionally caused by the introduction of Illicit Code to UC’s data or Information Resources, no software will be installed, executed, or copied on UC data or Information Resources without the express approval of UC. Supplier also acknowledges that it does not have any right to electronically repossess the Services. This provision does not relate to viruses. Supplier represents and warrants that if Illicit Code is installed on UC data or Information Resources, Supplier will immediately provide UC with written notice of the installation of such Illicit Code. Supplier represents and warrants that even if Illicit Code is installed, SUPPLIER WILL NEVER UTILIZE THE ILLICIT CODE. If Illicit Code is enacted and UC is damaged, Supplier will be responsible for all damages (including but not limited to consequential, incidental and indirect damages) sustained by UC up to the amount of five times the amount of the fees paid by UC to the Supplier pursuant to this Agreement.
ILLICIT CODE WARRANTY. During the License Term, MedPlus will use commercially reasonable efforts to ensure that the Software is free from Illicit Code. THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WHICH WARRANTIES ARE HEREBY DISCLAIMED, EXCEPT THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ILLICIT CODE WARRANTY. A. Supplier represents and warrants that the Goods and/or Services do not contain Illicit Code.
B. To the extent that any Goods and/or Services have Illicit Code written into them, Supplier will be in breach of this Agreement, and no cure period will apply.
C. Supplier agrees, in order to protect UC from damages that may be intentionally or unintentionally caused by the introduction of Illicit Code, to promptly isolate or otherwise secure and then return Institutional Information and/or IT Resources.
D. Supplier acknowledges that it does not have any right to electronically hold Institutional Information or assert any claim against UC by withholding the Goods and/or Services using Illicit Code.
E. Should Supplier learn of the presence of Illicit Code, Supplier will promptly provide UC with written notice explaining the scope and associated risk.
F. Supplier represents and warrants that it will take commercially reasonable steps to promptly remove Illicit Code.
G. Supplier represents and warrants that even if Illicit Code is unintentionally installed via any method, Supplier will never utilize the Illicit Code.
H. This provision does not relate to malware or viruses that attack the running IT Resource. These are covered under ARTICLE 9 - COORDINATING, REPORTING, AND RESPONDING TO BREACHES AND SECURITY INCIDENTS.
ILLICIT CODE WARRANTY. During the License Term, MedPlus will use commercially reasonable efforts to ensure that the ChartMaxx Software is free from Illicit Code.