Common use of No Spyware or Malware Clause in Contracts

No Spyware or Malware. None of the Company Software is intended to perform the following functions, without the knowledge and consent of the owner or user of a computer system: (i) collects Personal Data stored on the computer system; (ii) interferes with the owner’s or an authorized user’s control of the computer system; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system without the knowledge of the owner or an authorized user of the computer system; (iv) changes or interferes with data, that is stored, accessed or accessible on any computer system 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; (v) causes the computer system to communicate with another computer system, or other device, without the authorization of the owner or an authorized user of the computer system; (vi) installs a computer program that may be activated by a third party without the knowledge of the owner or an authorized user of the computer system.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (GOOD TECHNOLOGY Corp), Agreement and Plan of Reorganization (GOOD TECHNOLOGY Corp), Agreement and Plan of Reorganization (FireEye, Inc.)

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No Spyware or Malware. None of the Company Software is intended to perform Technology or Company Products performs the following functions, functions without the knowledge and consent of the owner or user of a computer system: (i) collects Personal Data Private Information stored on the computer system; (ii) interferes with the owner’s or an authorized user’s control of the computer system; (iii) changes or interferes with settings, preferences or commands already installed or stored on the computer system without the knowledge of the owner or an authorized user of the computer system; (iv) changes or interferes with data, data that is stored, accessed or accessible on any computer system 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; (v) causes the computer system to communicate with another computer system, or other device, without the authorization of the owner or an authorized user of the computer system; or (vi) installs a computer program that may be activated by a third party without the knowledge of the owner or an authorized user of the computer system.

Appears in 1 contract

Samples: Unit Purchase Agreement (Apptio Inc)

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No Spyware or Malware. None of the Company Software is intended to perform the following functions, without the knowledge and consent of the owner or authorized user of a computer system: (i) collects collect Personal Data stored on the computer system; (ii) interferes interfere with the owner’s or an authorized user’s control of the computer system; (iii) changes change or interferes with settings, preferences or commands already installed or stored on the computer system without the knowledge of the owner or an authorized user of the computer system; (iv) changes change, take, appropriate, exfiltrate or interferes interfere with data, that is stored, accessed or accessible on any computer system in a manner that obstructsor obstruct, interrupts interrupt or interferes interfere with lawful access to or use of that data by the owner or an authorized user of the computer system; (v) causes cause the computer system to communicate with another computer system, system or other device, device without the authorization of the owner or an authorized user of the computer system; or (vi) installs install a computer program that may be activated by a third party without the knowledge and permission of the owner or an authorized user of the computer system.

Appears in 1 contract

Samples: Merger Agreement (FireEye, Inc.)

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