No Disabling Procedures Clause Samples

No Disabling Procedures. Servicer represents and warrants that to the best of its knowledge and belief, (a) any electronically delivered services provided under this Servicing Agreement, (b) the use of any data transfers, or any website by which Lender will access the services provided under this Servicing Agreement, (c) any reports or other data furnished to Lender pursuant to this Servicing Agreement, (d) any software provided by Servicer to Lender in order for Lender to access any services provided under this Servicing Agreement, and (e) other deliverables provided by Servicer under this Agreement related to the services hereunder (“Deliverables”) do not and will not contain any program, routine, device, code, or instructions (including any code or instructions provided by third parties) or other undisclosed feature, including, without limitation, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, spyware, bug, error, defect, or trap door, that is capable of (or has the effect of allowing any untrusted party or malicious user to be capable of) accessing, modifying, deleting, damaging, disabling, deactivating, interfering with, or otherwise harming the Deliverables, any of Lender’s or its Affiliates’ computers, networks, data, or other electronically stored information, or computer programs or systems (collectively, “Disabling Procedures”); provided, however, Lender agrees that Servicer may use license keys or other features that limit or restrict Lender’s or its Affiliates’ use of relevant software provided or made available in connection with the services hereunder or the Deliverables following expiration of applicable license terms (if any). Such representation and warranty applies regardless of whether such Disabling Procedures are authorized by Servicer to be included in the Deliverables. If Servicer incorporates into the services under this Servicing Agreement or related Deliverables programs or routines supplied by other servicers, licensors, or contractors, Servicer shall obtain comparable warranties from such other providers, or Servicer shall take appropriate action to ensure that such programs or routines are free of Disabling Procedures. Notwithstanding any other limitations in this Servicing Agreement, Servicer agrees to notify Lender promptly upon discovery of any Disabling Procedures that are or reasonably suspected to be included in the Deliverables, and if Disabling Procedures are discovered or reasonably suspected to be pr...
No Disabling Procedures. The Software does not and will not contain any program routine, device, code or instructions (including any code or instructions provided by third parties) or other undisclosed feature, including, without limitation, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, bug, error, defect or trap door, that is capable of accessing, modifying, deleting, damaging, disabling, deactivating, interfering with, or otherwise harming the Software, any computers, networks, data or other electronically stored information, or computer programs or systems (collectively, “Disabling Procedures”). Such representation and warranty applies regardless of whether such Disabling Procedures are authorized by C1 or by End User to be included in the Software. Notwithstanding any other limitations in this Agreement, ▇▇▇▇▇▇ agrees to notify C1 and End User immediately upon discovery of any Disabling Procedures that are or may be included in the Software, and, if C1 or End User discovers or reasonably suspects any Disabling Procedures to be present in the Software, VENDOR agrees to take action immediately, at its own expense, to identify and eradicate (or to equip C1 and End User to identify and eradicate) such Disabling Procedures and carry out any recovery necessary to remedy any impact of such Disabling Procedures. VENDOR hereby expressly waives and disclaims any right of self-help or other remedy it may have at law or in equity to de-install, disable or repossess (except as may otherwise be expressly provided in this Agreement) any Software, in the event C1 or End User fails to perform any of its obligations under this Agreement.