No Surreptitious Code. Contractor warrants that, to the best of its knowledge, its system is free of and does not contain any code or mechanism that collects personal information or asserts control of the City’s system without City’s consent, or which may restrict City’s access to or use of City Data. Contractor further warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit unauthorized access to City Data, or which may restrict City’s access to or use of City Data.
No Surreptitious Code. 11.8.1 Contractor warrants to AOC that the Software and Contractor Technology provided to AOC under this Contract contain or shall contain neither Self-Help Code nor any Unauthorized Code. Contractor further warrants that Contractor shall not introduce, via modem or otherwise, any code or mechanism that electronically notifies Contractor of any fact or event, or any key, node, lock, time-out, or other function, implemented by any type of means or under any circumstances, that may restrict AOC’s use of or access to the Software, Data, or Equipment, in whole or in part, based on any type of limiting criteria, including without limitation frequency or duration of use for any copy of the Software provided to AOC under this Contract.
11.8.2 Contractor will defend AOC against any claim, and indemnify and hold harmless AOC against any loss or expense arising out of any breach of this warranty. AOC agrees to use its best efforts to encourage the Office of the Attorney General of Washington to grant Contractor sole control of the defense and all related settlement negotiations. However, if principles of governmental or public law are involved, the State may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of Contractor without Contractor’s written consent. No limitation of liability, whether contractual or statutory, shall apply to a breach of this warranty.
No Surreptitious Code. The Contractor warrants to the State that the Software, including but not limited to the Proprietary Software provided to the State under this Contract, contains or will contain no Self Help Code nor any Unauthorized Code. The Contractor warrants it will not introduce, via modem or otherwise, any code or mechanism that electronically notifies Contractor of any fact or event, or any key, node, lock, time out, or other function, implemented by any type of means or under any circumstances, that may restrict the State’s use of or access to the Software, Data, or Equipment, in whole or in part, based on any type of limiting criteria, including without limitation frequency or duration of use for any copy of the Software provided to the State under this Contract.
No Surreptitious Code. Contractor (a) has and will run a commercially available anti-virus and vulnerability scan on all Deliverables that consist of or contain software code, and (b) will not knowingly include in any Deliverables any malicious code designed to disrupt or otherwise impair the operation of any systems or networks or to permit the surreptitious collection of information.
No Surreptitious Code. Vendor warrants to WSDOT that the Software provided to WSDOT under this Contract contain or shall contain neither Self-Help Code nor any Unauthorized Code. Vendor further warrants that Vendor shall not introduce, via modem or otherwise, any code or mechanism that electronically notifies Vendor of any fact or event, or any key, node, lock, time-out, or other function, implemented by any type of means or under any circumstances, that may restrict WSDOT’s use of or access to the Software, Data, or Hardware, in whole or in part, based on any type of limiting criteria, including without limitation frequency or duration of use for any copy of the Software provided to WSDOT under this Contract.
No Surreptitious Code. 12.5.1 Contractor warrants to HCA that the Software and Contractor Technology provided to HCA under this Agreement will not contain any Self-Help Code or any Unauthorized Code. Contractor further warrants that Contractor will not introduce, via modem or otherwise, any code or mechanism that electronically notifies Contractor of any fact or event, or any key, node, lock, time out, or other function, implemented by any type of means or under any circumstances, that may restrict HCA’s use of or access to the Software, Data, or Infrastructure, in whole or in part, based on any type of limiting criteria, including without limitation frequency or duration of use for any Software provided to HCA under this Agreement.
12.5.2 Contractor will defend HCA against any claim, and indemnify and hold HCA harmless against any loss or expense arising out of any breach of this warranty. HCA agrees to use its best efforts to encourage the Office of the Attorney General of Washington to grant Contractor sole control of the defense and all related settlement negotiations. However, if principles of governmental or public law are involved, the State may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of Contractor without Contractor’s written consent. No limitation of liability, whether contractual or statutory, shall apply to a breach of this warranty.
No Surreptitious Code. 12.1 The Service Provider warrants that, to the best of its knowledge, the software platform licenced to Randstad by the Service Provider under the Agreement is free of and does not contain any code or mechanism that collects information or asserts control of any system operated or owned by Randstad without Randstad’s consent, or which may restrict Randstad’s access to or use of Randstad Data as held by Randstad independently outside of that software platform. The Service Provider further warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit unauthorised access to Randstad Data, or which may restrict Randstad’s access to or use of Randstad Data as held by Randstad outside of any software platform or system operated by the Service Provider.
No Surreptitious Code. Contractor warrants that, to the best of its knowledge, all software or firmware which has been created by Contractor, has been incorporated into Contractor’s software or firmware, or may be supplied by Contractor, and which may be used with or in any way affect University Data, is free of and does not contain any self-help code or any unauthorized code as defined below. Contractor further warrants that it will not knowingly introduce, via electronic network connectivity (such as a modem) or otherwise, any code or mechanism that electronically notifies Contractor of any fact or event, or any key, node, lock, time-out, or other function, implemented by any type of means or under any circumstances, which may restrict University’s access to or use of University Data.
No Surreptitious Code. Alta represents and warrants that to the best of its knowledge and belief.
(i) the Custom Work Product will not contain any timer, counter, lock or similar device (other than security features specifically described in the specifications) that deliberately inhibits or in any way limits its ability to operate, and (ii) it will scan the Custom Work Product with commercially available anti-virus software and shall use due diligence to remove viruses capable of being detected with such software.
No Surreptitious Code. Vendor warrants that, to the best of its knowledge, its system is free of and does not contain any code or mechanism that collects personal information or asserts control of the District’s system without District’s consent, or which may restrict District’s access to or use of District Data. Vendor further warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit unauthorized access to District Data, or which may restrict District’s access to or use of District Data.
