Common use of No Malicious Code Clause in Contracts

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.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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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) the Services do not knowingly contain or deliver malicious code designed to permit unauthorized parties to access, modify, delete, damage, deactivate or disable Your systemsany End-User system, networksnetwork, devicesdevice, applicationsapplication, or data, or provide unauthorized access to Your systemsany End-User system, networksnetwork, devicesdevice, applicationsapplication, 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 Services do not knowingly contain any Malicious Code; and (iii) Clone Systems shall not knowingly introduce Malicious Code into Your any of End-User’s systems, networks, devices, applications, or data. Upon notice to Clone Systems of the presence of any Malicious Code in DeliverablesServices, Clone Systems will take action immediately to investigate, identify and remove such Malicious Code from the DeliverablesServices, and to assist You and End-User in the investigation, identification and removal of such Malicious Code from Your End-User systems, networks, devices, applications or data. In the event the Malicious Code is determined to have originated from Clone Systems, You and End-User shall not be charged for such work, and otherwise You will be billed at Clone Systems’ then-prevailing rates.

Appears in 1 contract

Samples: Scanning Reseller Agreement

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