No Malicious Code. To the knowledge of Service Provider, the Application does not contain any malicious code, program, or other internal component (e.g. computer virus, computer worm, computer time bomb, or similar component), which could damage, destroy, or alter the Application, or which could reveal, damage, destroy, or alter any data or other information accessed through or processed by the Application in any manner. This warranty will be considered part of and covered under the provisions of these SaaS Terms. Customer must:
(i) notify Service Provider promptly in writing of any nonconformance under this warranty; (ii) provide Service Provider with reasonable opportunity to remedy any nonconformance under the provisions of these SaaS Terms; and (iii) provide reasonable assistance in identifying and remedying any nonconformance.
No Malicious Code. Clone Systems warrants and represents that: (i) the products and Services provided to End-User (“Deliverables”) at the time of delivery (and, if applicable, installation and configuration by Clone Systems) do not knowingly contain or deliver malicious code designed to permit unauthorized parties to access, modify, delete, damage, deactivate or disable any End-User system, network, device, application, or data, or provide unauthorized access to any End-User system, network, device, application, or data (“Malicious Code”); (ii) it uses and shall continue to use throughout the period of its performance of Services commercially reasonable efforts utilizing generally accepted industry tools and practices such that the Deliverables do not knowingly contain any Malicious Code; and (iii) Clone Systems shall not knowingly introduce Malicious Code into any of End-User’s systems, networks, devices, applications, or data. Upon notice to Clone Systems of the presence of any Malicious Code in Deliverables, Clone Systems will take action immediately to investigate, identify and remove such Malicious Code from the Deliverables, and to assist End-User in the investigation, identification and removal of such Malicious Code from End-User systems, networks, devices, applications or data. In the event the Malicious Code is determined to have originated from Clone Systems, End-User shall not be charged for such work.
No Malicious Code. We will use commercially reasonable efforts to ensure that Our Software and Services do not introduce any Malicious Code into Your systems. However, We are not responsible for any Malicious Code which may be introduced by Your Data, Your App or program code created by or for You.
No Malicious Code. Clone Systems warrants and represents that: (i) the products and Services provided to You (“Deliverables”) at the time of delivery (and, if applicable, installation and configuration by Clone Systems) do not knowingly contain or deliver malicious code designed to permit unauthorized parties to access, modify, delete, damage, deactivate or disable Your systems, networks, devices, applications, or data, or provide unauthorized access to Your systems, networks, devices, applications, or data (“Malicious Code”); (ii) it uses and shall continue to use throughout the period of its performance of Services commercially reasonable efforts utilizing generally accepted industry tools and practices such that the Deliverables do not knowingly contain any Malicious Code; and (iii) Clone Systems shall not knowingly introduce Malicious Code into Your systems, networks, devices, applications, or data. Upon notice to Clone Systems of the presence of any Malicious Code in Deliverables, Clone Systems will take action immediately to investigate, identify and remove such Malicious Code from the Deliverables, and to assist You in the investigation, identification and removal of such Malicious Code from Your systems, networks, devices, applications or data. In the event the Malicious Code is determined to have originated from Clone Systems, You shall not be charged for such work, and otherwise You will be billed at Clone Systems’ then-prevailing rates.
No Malicious Code. Acoustic applies processes and technologies to prevent the SaaS Product(s) from containing any malicious code, program, or other internal component (e.g. computer virus, computer worm, computer time bomb, or similar component), which could damage, destroy, or alter the SaaS Product(s), or which could reveal, damage, destroy, or alter any data or other information accessed through or processed by the SaaS Product(s) in any manner (“Malware”). Acoustic warrants that it will apply the above preventative processes and technologies and will not knowingly insert any such Malware into the SaaS Product(s) or Customer data.
No Malicious Code. All deliverables produced by the Supplier hereunder will be free of any and all time locks, viruses, trojans, worms, spyware, adware, other malware and malicious code, copy protect mechanisms, back doors, or features designed to (I) disable the deliverables or render them incapable of operation (whether after a certain time, after transfer to another machine, or otherwise), (II) permit access unauthorized by Welocalize or its customers to the deliverables or to any Welocalize or its customers' networks, systems, programs, or data, or (iii) enable Supplier to track Welocalize's or users' use of the deliverables without Welocalize's express consent.
No Malicious Code. Partner represents and warrants that it will use commercially available software to detect and prevent any Partner Offering from containing any time bomb, worm, virus, lock, drop- dead device, or other similar component of software or electronically stored information that is intended in any manner to (i) damage, destroy, alter, or adversely affect the operation of software, hardware or a service in connection with which any Partner Offering is used, or (ii) reveal, damage, or alter the Subscription or any Subscriber Data, or any technology of or used by Subscribers.
No Malicious Code. Rhapsody warrants that it routinely tests the Cloud Service and the Rhapsody Software Components using up-to-date anti-virus software in efforts to detect and, if so detected, to eliminate, any disabling devices, viruses, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots, or other computer programming routines designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any other software or data (“Malicious Code”). If Malicious Code is introduced into Customer’s computer systems by the Cloud Service or the Rhapsody Software Components, Rhapsody will, at its own expense, assist and work with Customer, at Customer’s direction, to remediate the damage caused by the Malicious Code, provided that Customer: (A) has taken all prudent business measures to prevent introduction of any such Malicious Code into its computer systems; (B) takes all prudent business measures to minimize the effects of any such Malicious Code; and (C) delivers sufficient documentation to Rhapsody to validate Customer’s belief that such Malicious Code was introduced into Customer’s computer system by the Cloud Service or the Rhapsody Software Components.
No Malicious Code. (i) Except for the functions and features expressly disclosed in the Specifications, RUS hereby represents and warrants to AssetMark that to the best of RUS’s knowledge the BETA System (as such BETA System is made available to AssetMark by RUS) does not contain, and RUS will not knowingly insert into the BETA System, any RUS Malicious Code. The term “RUS Malicious Code” means any lock, dongle, clock, timer, counter, hardware key, copy protection feature, replication device, “virus” or “worm,” as those terms are commonly used in the computer industry, or other software code that may (A) lock, disable, or erase any software, programs, or data of AssetMark, its Affiliates, or its or their respective customers or suppliers, (B) limit or prevent full use of the BETA System as permitted under this Agreement, (C) harm or otherwise interfere with AssetMark’s servers or data processing hardware (including terminals, auxiliary storage, and communication and peripheral devices), or (D) require action or intervention by RUS or any other person to allow use of the BETA System as permitted under this Agreement. Notwithstanding the foregoing, AssetMark acknowledges and agrees that RUS shall not have any liability for any RUS Malicious Code that is introduced into the BETA System or BETA Services (1) by AssetMark or any third party outside of RUS’s control, (2) via a network connection outside of RUS’s control, or (3) after the BETA System or BETA Services are outside of RUS’s control.
No Malicious Code. At the time of delivery to NXP, the Deliverables shall be free of all: (i) time bombs, disabling features, drop dead devices, stop code or other software routines designed to disable computer software automatically with the passage of time, through remote activation or in any other manner (other than any such features in the Transferred Materials as delivered by NXP to VIRL pursuant to the IPTLA, in the NXP Materials as licensed by NXP to VIRL hereunder, and/or in the VIRL Materials as licensed by VIRL to NXP pursuant to the MLA); and (ii) except for any portion of any Deliverables incorporating Transferred Materials (as delivered by NXP to VIRL pursuant to the IPTLA) and/or NXP Materials (as licensed by NXP to VIRL hereunder), viruses, Trojan horses, back door, worms or other software routine or hardware component designed to permit unauthorized access, disable or erase (each in a harmful manner) or otherwise harm software, hardware or data; or perform any other such harmful actions (other than any such features in the Transferred Materials as delivered by NXP to VIRL pursuant to the IPTLA, in the NXP Materials licensed by NXP to VIRL hereunder, and/or in the VIRL Materials as licensed by VIRL to NXP pursuant to the MLA).
