No Harmful Code. To the Knowledge of the Company, none of the 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, destroying, taking, appropriating, or exfiltrating any data or file without the user’s consent (collectively, “Harmful Code”).
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Samples: Merger Agreement (KnowBe4, Inc.), Merger Agreement (FireEye, Inc.)
No Harmful Code. To the Knowledge None of the Companysoftware (including firmware and other software embedded in hardware devices) owned, none of developed (or currently being developed), used, marketed, distributed, licensed or sold by the Company Software (excluding any third party software that is generally available on standard commercial terms and is licensed to the Company solely for internal use on a non-exclusive basis) (collectively, the “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, destroying, taking, appropriating, damaging or exfiltrating destroying any data or file without the user’s consent (collectively, “Harmful Code”)consent.
Appears in 2 contracts
Samples: Merger Agreement (Veracyte, Inc.), Merger Agreement (Riverbed Technology, Inc.)
No Harmful Code. To the Knowledge None of the Companysoftware (including firmware and other software embedded in hardware devices) owned, none of developed (or currently being developed), used, marketed, distributed, licensed or sold by the Company Software (excluding any third-party software that is generally available on standard commercial terms and is licensed to the Company solely for internal use on a non-exclusive basis) (collectively, the “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, destroying, taking, appropriating, damaging or exfiltrating destroying any data or file without the user’s consent (collectively, “Harmful Code”)consent.
Appears in 1 contract
Samples: Merger Agreement (Oclaro, Inc.)
No Harmful Code. To the Knowledge None of the Companysoftware (including firmware and other software embedded in hardware devices) owned, none of the Company Software developed (or currently being developed), used, marketed, distributed, licensed or sold by Seller (excluding any third party software that is generally available on standard commercial terms and is licensed to Seller solely for internal use on a non-exclusive basis) (collectively, “Seller 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, destroying, taking, appropriating, damaging or exfiltrating destroying any data or file without the user’s consent (collectively, “Harmful Code”)consent.
Appears in 1 contract
No Harmful Code. To the Knowledge of the Company, none of the software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by the Company Software (excluding any third party software that is generally available on standard commercial terms and is licensed to the Company solely for internal use on a non-exclusive basis) (collectively, “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, destroying, taking, appropriating, damaging or exfiltrating destroying any data or file without the user’s consent (collectively, “Harmful Code”)'s consent.
Appears in 1 contract
Samples: Stock Purchase Agreement (Silicon Graphics International Corp)
No Harmful Code. To the Knowledge of the Company’s Knowledge, none of the Company Software contains any undisclosed “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, the Company Product or a computer system or network or other device on which such code Company Software is stored or installed; or (ii) damaging, destroying, taking, appropriating, damaging or exfiltrating destroying any data or file without the user’s consent consent; or (iii) otherwise significantly adversely affect the functionality of the Company Product or the computer system or network or other device on which such Company Software is stored or installed (collectively, “Harmful Code”).
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