Common use of No Spyware or Malware Clause in Contracts

No Spyware or Malware. None of the Company Software performs the following functions, without the knowledge and consent of the owner or authorized user of a computer system or device: (i) sends information of a user to any other Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized user of the computer system or device; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or device; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledge; or (viii) employs a user’s Internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Coupa Software Inc), Agreement and Plan of Merger and Reorganization (Crexendo, Inc.)

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No Spyware or Malware. None of the Company Software performs the following functionsfunctions except in accordance with the relevant license agreements, without privacy notices, or other terms of service applicable to such Company Software or otherwise with the knowledge and consent of the owner or authorized user of a computer system or device: (i) sends information of a user to any other Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized user of the computer system or device; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or device; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledge; or (viii) employs a user’s Internet internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.

Appears in 1 contract

Samples: Stock Purchase Agreement (Simulations Plus, Inc.)

No Spyware or Malware. None of the Company Software Products performs the following functions, other than as described in the Company’s documentation for the Company Products, without the knowledge and consent of the owner or authorized user of a computer system an affected system, network, or device: (i) sends information of a user to any other Person without the user’s consent or collects Personal Data data, including Private Data, stored on or transmitted by the computer system system, network, or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system system, network, or device; (iii) changes or interferes with settingssettings or preferences of, preferences or commands already installed or stored on on, the computer system system, network, or device without the knowledge of the owner or an authorized user of the computer system system, network, or device; (iv) changes or interferes with data that is storedstored on or transmitted by the system, accessed or accessible on any computer system network, or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system system, network, or device; (v) causes the computer system or device to communicate with another computer system or device; (vi) installs a computer program that may be activated by a Person other than device without the authorization of the owner or an authorized user of the computer system or device; or (viivi) records installs a user’s actions computer program or code that may be activated without the user’s knowledge; knowledge of the owner or (viii) employs a user’s Internet connection without an authorized user of the user’s knowledge to gather system, network, or transmit information regarding the user or the user’s behaviordevice.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Elastic N.V.)

No Spyware or Malware. None To the Company’s Knowledge, none of the Company Software performs the following functions, without the knowledge and consent of the owner or authorized user of a computer system or device: (i) sends information of a user to any other another Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized user of the computer system or device; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or device; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledgeactions; or (viii) employs a user’s Internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.

Appears in 1 contract

Samples: Agreement and Plan of Merger (ChaSerg Technology Acquisition Corp)

No Spyware or Malware. None To the Company’s Knowledge, none of the Company Software performs the following functions, without the knowledge and consent of the owner or authorized user of a computer system or devicedevice (including a Company Product) on or with which such Company Software is operating: (i) sends information of a user to any other another Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without other than such changes as may be performed in direct relation to the knowledge intended functionality of the owner or an authorized user of the computer system or deviceCompany Software; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or device, other than such communication as may be performed in direct relation to the intended functionality of the Company Software; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledge; or (viii) employs a user’s Internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior, other than such gathering and transmission as may be performed in direct relation to the intended functionality of the Company Software.

Appears in 1 contract

Samples: Stock Purchase Agreement (Willdan Group, Inc.)

No Spyware or Malware. None of the Company Software performs the following functions, without the knowledge and consent of the owner or authorized user of a computer system or device: (i) sends information of a user to any other Person that is not the Company or affiliated with the Company without the user’s consent or collects Personal Data stored on the computer system or deviceconsent; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized a user of the computer system or device; (iv) changes adversely affects or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or devicedevice without the consent of the owner or authorized user; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledge; or (viii) employs a user’s Internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Coupa Software Inc)

No Spyware or Malware. None of To the Company’s Knowledge, no Company Software that is Company IP performs the following functions, without the knowledge and consent of the Company customer, owner or authorized user of a computer system or devicedevice on or with which such Company Software is operating: (i) sends information of a user to any other another Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized user of the computer system or device; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (vii) causes the computer system or device to communicate with another computer system or device, other than such communication as may be performed in direct relation to the intended functionality of such Company Software; (viiv) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (viiv) records a user’s actions without the user’s knowledge; or (viiivi) employs a user’s Internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cool Holdings, Inc.)

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No Spyware or Malware. None To the Company’s Knowledge, none of the Company Software performs the following functions, without the knowledge and consent of the owner or authorized user of a computer system or device: (i) sends information of a user to any other Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized user of the computer system or device; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or device; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledge; or (viii) employs a user’s Internet internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.. (n)

Appears in 1 contract

Samples: Agreement and Plan of Merger (Simulations Plus, Inc.)

No Spyware or Malware. None of the Company Parent Software performs the following functions, without the knowledge and consent of the owner or authorized user of a computer system or device: (i) sends information of a user to any other Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized user of the computer system or device; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or device; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledge; or (viii) employs a user’s Internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.

Appears in 1 contract

Samples: Securities Exchange Agreement (NextPlay Technologies Inc.)

No Spyware or Malware. None of the Company Acquired Entities Software performs the following functions, without the knowledge and consent of the owner or authorized user of a computer system or device: (i) sends information of a user to any other Person without the user’s consent or collects Personal Data stored on the computer system or device; (ii) interferes with the owner’s or an authorized user’s control of the computer system or device; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system or device without the knowledge of the owner or an authorized user of the computer system or device; (iv) changes or interferes with data that is stored, accessed or accessible on any computer system or device in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system or device; (v) causes the computer system or device to communicate with another computer system or device; (vi) installs a computer program that may be activated by a Person other than the owner or an authorized user of the computer system or device; (vii) records a user’s actions without the user’s knowledge; or (viii) employs a user’s Internet connection without the user’s knowledge to gather or transmit information regarding the user or the user’s behavior.

Appears in 1 contract

Samples: Securities Exchange Agreement (NextPlay Technologies Inc.)

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