Common use of MSP Responsibility for Content Clause in Contracts

MSP Responsibility for Content. MSP 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. MSP is solely responsible for backing up or otherwise making duplicates of Content. MSP represents and warrants to Elastic that: (i) MSP 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 (defined in Section 8.1 below); and