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 authorization of the owner or user of a computer system: (i) collects Private 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 on the 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. For purposes of this Section 2.13(k), the owner or user of a computer system is deemed to provide authorization to a particular function when such function is disclosed in the applicable terms of use, specifications, user/instruction manual, or license agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Salesforce Com Inc)

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No Spyware or Malware. None of the Company Software performs is intended to perform the following functions, without the authorization consent of the owner or authorized user of a computer system: (i) collects Private 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 data, that is stored stored, accessed or accessible on the 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 systemsystem (all of the foregoing, collectively, “Harmful Actions”). For purposes of this Section 2.13(k)To the extent the Company or any Company Software has performed any Harmful Actions or delivered any Testing Content at any time, such performance was expressly within the specific consent provided by the owner or authorized user of a the applicable computer system is deemed to provide authorization to a particular function when such function is disclosed in the and complied with all applicable terms of use, specifications, user/instruction manual, or license agreementLegal Requirements.

Appears in 1 contract

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

No Spyware or Malware. None of the Company Software performs is intended to perform the following functions, without the authorization consent of the owner or user of a computer system: (i) collects Private 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 data, that is stored stored, accessed or accessible on the 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 systemsystem (all of the foregoing, collectively, “Harmful Actions”). For purposes of this Section 2.13(k)To the extent the Company, or any computer software has performed any Harmful Actions or delivered any Testing Content at any time, such performance was expressly within the specific consent provided by the owner or authorized user of a the applicable computer system is deemed to provide authorization to a particular function when such function is disclosed in the and complied with all applicable terms of use, specifications, user/instruction manual, or license agreementlaws and regulations.

Appears in 1 contract

Samples: Agreement and Plan of Merger (KnowBe4, Inc.)

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No Spyware or Malware. None of the Company Software performs is intended to perform the following functions, without the authorization consent of the owner or authorized user of a computer system: (i) collects Private 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 data, that is stored stored, accessed or accessible on the 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 systemsystem (all of the foregoing, collectively, “Harmful Actions”). For purposes of this Section 2.13(k)To the extent the Company, any Subsidiary or any Computer Software has performed any Harmful Actions or delivered any Testing Content at any time, such performance was expressly within the specific consent provided by the owner or authorized user of a the applicable computer system is deemed to provide authorization to a particular function when such function is disclosed in the and complied with all applicable terms of use, specifications, user/instruction manual, or license agreementlaws and regulations.

Appears in 1 contract

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

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