No Unauthorized Code Sample Clauses

No Unauthorized Code. 12.7.1 Contractor warrants that, at the time it is made available or provided to the Counties, the Software and Equipment shall not contain Unauthorized Code, that Contractor has tested such Software and Equipment for such Unauthorized Code using industry standard tests, and that Contractor has not found any such Unauthorized Code. Contractor warrants to the Counties that the Software and Contractor Technology under this Agreement shall contain no Unauthorized Code when it is made available or provided to the Counties. 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 the Counties’ use of or access to the Software, Data, or Services, 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 and Services provided to the Counties under this Agreement. 12.7.2 In the event of a breach of these warranties, Contractor shall immediately assign at least one knowledgeable and qualified Staff representative, who will begin work after telephonic notice by the Counties on curing such breaches. This representative will be dedicated to remedy the Deficiency, failure, malfunction, defect, or problem at no cost to the Counties.
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No Unauthorized Code. The Technology does not, and any Improvements provided by ADFORCE shall not, contain any back door, time bomb, drop dead device, protect codes, data destruct keys, or other software routine designed to disable a computer program automatically with the passage of time or under the control of any Person other than NETSCAPE. To the best of ADFORCE's knowledge, the Technology does not, and any Improvements provided by ADFORCE shall not, contain any virus, Trojan horse, worm or other software routine designed to permit unauthorized access or to disable, erase, modify, deactivate or otherwise harm software, hardware or data; and ADFORCE covenants that, prior to or at the time of the delivery of any Technology (including any Improvement), ADFORCE shall test the Technology using a current version of a reputable "antivirus" program and remove any such unauthorized codes; and
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No Unauthorized Code. 12.7.1 Contractor warrants that, at the time it is made available or provided to the CalSAWS Consortium, the Software and Equipment shall not contain Unauthorized Code, that Contractor has tested such Software and Equipment for such Unauthorized Code using industry standard tests, and that Contractor has not found any such Unauthorized Code. Contractor warrants to the CalSAWS Consortium that the Software and Contractor Technology under this Agreement shall contain no Unauthorized Code when it is made available or provided to the CalSAWS Consortium. 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 the CalSAWS Consortium’s use of or access to the Software, Data, or Services, 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 and Services provided to the CalSAWS Consortium under this Agreement. 12.7.2 In the event of a breach of these warranties, Contractor shall immediately assign at least one knowledgeable and qualified Staff representative, who will begin work after telephonic notice by the CalSAWS Consortium on curing such breaches. This representative will be dedicated to remedy the Deficiency, failure, malfunction, defect, or problem at no cost to the CalSAWS Consortium.
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No Unauthorized Code. 5.1 Contractor warrants that it shall not introduce Unauthorized Code into the Software and that it has tested for such Unauthorized Code using industry standard tests and has not found any such Unauthorized Code. Contractor warrants to the Exchange that the Software under this Agreement shall contain no 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 the 5.2 In the event of a breach of these warranties, Contractor shall immediately remove or repair such Software, Data or Services to cure such breach at no cost to the Exchange. EXHIBIT D ESCROW AGREEMENT
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No Unauthorized Code. 5.1 Contractor warrants that it shall not introduce Unauthorized Code into the Software and that it has tested for such Unauthorized Code using industry standard tests and has not found any such Unauthorized Code. Contractor warrants to the Exchange that the Software under this Agreement shall contain no 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 the 5.2 In the event of a breach of these warranties, Contractor shall immediately remove or repair such Software, Data or Services to cure such breach at no cost to the Exchange. (1) Below 90% SLA performance, there is no payment of a Monthly At Risk Amount, i.e., Contractor could lose 100% of its Monthly At Risk Amount, thereby being able to receive only 90% of its Monthly Charges for the applicable month; and (2) Between 90% and 100% SLA performance, there would be a payment of less than the Monthly At Risk Amount, i.e., Contractor could lose 50% of its Monthly At Risk Amount, thereby being able to receive only 95% of its Monthly Charges for the applicable month. Contractor shall receive more than its Monthly At Risk Amount if all of the applicable SLAs are met more than 110% of the time in the applicable month, i.e., Contractor could receive 113% of its Monthly Charges for the applicable month. If all of the SLAs are not in Production in an applicable month, then the numbers in the column entitled “Liquidated Damages - % of Monthly at Risk Amount” for those SLAs that are in Production shall be rebalanced so that they equal 100% of the Monthly At Risk Amount. In other words, the percentages in the column entitled “Liquidated Damages - % of Monthly at Risk Amount” for one SLA in force (during a period in which all SLAs are not in force) is divided by the sum of all SLAs in force for that month. For example, in July, 2013 if there are nine SLAs in force (numbers 1, 2, 9, 13, 14, 15, 16, 17, and 18), there would be a total of 35% of possible liquidated damages or a bonus. SLA #1 (with Liquidated Damages - % of Monthly Risk Amount of 10% and the same percentage for a bonus if the SLA is met over 110% of the time) is therefore worth 10/35ths of the total liquidated damages or bonus for the month of July 2013, or approximately 28.6% of the M...
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No Unauthorized Code. 11.7.1 Contractor warrants that it shall not introduce Unauthorized Code as 11.7.2 In the event of a breach of the warranties in Section 11.7.1, Contractor shall immediately assign at least one knowledgeable and qualified Staff representative, who will begin work after telephonic notice by County on curing such breaches. This representative will be dedicated to remedy the breach.
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No Unauthorized Code. 12.6.1 Contractor warrants that it shall not introduce Unauthorized Code into the Systems and that it has tested for such Unauthorized Code using industry standard tests and has not found any such Unauthorized Code. Contractor warrants to the Exchange that the Software and Contractor Technology under this Agreement shall contain no 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 the Exchange’s use of or access to the Software, Data, or Services, 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 and Services provided to the Exchange under this Agreement. 12.6.2 In the event of a breach of these warranties, Contractor shall immediately assign at least one knowledgeable and qualified Staff representative, who will begin work after telephonic notice by the Exchange on curing such breaches. This representative will be dedicated to remedy the Deficiency, failure, malfunction, defect, or problem at no cost to the Exchange.
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Related to No Unauthorized Code

  • No Unauthorized Use Provider shall not use Student Data or information in a Pupil Record for any purpose other than as explicitly specified in this DPA.

  • No Unauthorized Use or Disclosure Executive agrees that he will not, at any time during or after Executive’s employment by Company, make any unauthorized disclosure of, and will prevent the removal from Company premises of, Confidential Information or Work Product of Company (or its affiliates), or make any use thereof, except in the carrying out of Executive’s responsibilities during the course of Executive’s employment with Company. Executive shall use commercially reasonable efforts to cause all persons or entities to whom any Confidential Information shall be disclosed by him hereunder to observe the terms and conditions set forth herein as though each such person or entity was bound hereby. Executive shall have no obligation hereunder to keep confidential any Confidential Information if and to the extent disclosure thereof is specifically required by law; provided, however, that in the event disclosure is required by applicable law, Executive shall provide Company with prompt notice of such requirement prior to making any such disclosure, so that Company may seek an appropriate protective order. At the request of Company at any time, Executive agrees to deliver to Company all Confidential Information that he may possess or control. Executive agrees that all Confidential Information of Company (whether now or hereafter existing) conceived, discovered or made by him during the period of Executive’s employment by Company exclusively belongs to Company (and not to Executive), and Executive will promptly disclose such Confidential Information to Company and perform all actions reasonably requested by Company to establish and confirm such exclusive ownership. Affiliates of Company shall be third party beneficiaries of Executive’s obligations under this Article 6. As a result of Executive’s employment by Company, Executive may also from time to time have access to, or knowledge of, Confidential Information or Work Product of third parties, such as customers, suppliers, partners, joint venturers, and the like, of Company and its affiliates. Executive also agrees to preserve and protect the confidentiality of such third party Confidential Information and Work Product to the same extent, and on the same basis, as Company’s Confidential Information and Work Product.

  • No Unauthorized Use of Prospectus The Company has not distributed and, prior to the later to occur of (i) the Closing Time and (ii) completion of the distribution of the Securities, will not distribute any prospectus (as such term is defined in the 1933 Act and the 1933 Act Regulations) in connection with the offering and sale of the Securities other than the Registration Statement, any preliminary prospectus, the Prospectus or other materials, if any, permitted by the 1933 Act or by the 1933 Act Regulations and approved by the Representatives.

  • Unauthorized Aliens Consultant hereby promises and agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

  • Unauthorized Disclosure The Executive agrees and understands that in the Executive’s position with the Company, the Executive has been and will be exposed to and has and will receive information relating to the confidential affairs of the Company Group, including, without limitation, technical information, intellectual property, business and marketing plans, strategies, customer information, software, other information concerning the products, promotions, development, financing, expansion plans, business policies and practices of the Company Group and other forms of information considered by the Company Group to be confidential or in the nature of trade secrets (including, without limitation, ideas, research and development, know-how, formulas, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information and business and marketing plans and proposals) (collectively, the “Confidential Information”). Confidential Information shall not include information that is generally known to the public or within the relevant trade or industry other than due to the Executive’s violation of this Section 4.1 or disclosure by a third party who is known by the Executive to owe the Company an obligation of confidentiality with respect to such information. The Executive agrees that at all times during the Executive’s employment with the Company and thereafter, the Executive shall not disclose such Confidential Information, either directly or indirectly, to any individual, corporation, partnership, limited liability company, association, trust or other entity or organization, including a government or political subdivision or an agency or instrumentality thereof (each a “Person”) without the prior written consent of the Company and shall not use or attempt to use any such information in any manner other than in connection with his employment with the Company, unless required by law to disclose such information, in which case the Executive shall provide the Company with written notice of such requirement as far in advance of such anticipated disclosure as possible. This confidentiality covenant has no temporal, geographical or territorial restriction. Upon termination of the Executive’s employment with the Company, the Executive shall promptly supply to the Company all property, keys, notes, memoranda, writings, lists, files, reports, customer lists, correspondence, tapes, disks, cards, surveys, maps, logs, machines, technical data and any other tangible product or document which has been produced by, received by or otherwise submitted to the Executive during or prior to the Executive’s employment with the Company, and any copies thereof in his (or reasonably capable of being reduced to his) possession; provided that nothing in this Employment Agreement or elsewhere shall prevent the Executive from retaining and utilizing: documents relating to his personal benefits, entitlements and obligations; documents relating to his personal tax obligations; his desk calendar, rolodex, and the like; and such other records and documents as may reasonably be approved by the Company.

  • Unauthorized Use The Participating Institutions, or the Authorized Users shall not knowingly permit anyone other than the Authorized Users to access the Licensed Materials.

  • Unauthorized Work The contractor is not authorized at any time to commence task order performance prior to issuance of a signed TO or other written approval provided by the CO to begin work.

  • Unauthorized Absence An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action.

  • Unauthorized Access Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.

  • Data Security and Unauthorized Data Release The Requester and Approved Users, including the Requester’s IT Director, acknowledge NIH’s expectation that they have reviewed and agree to manage the requested controlled-access dataset(s) and any Data Derivatives of controlled-access datasets according to NIH’s expectations set forth in the current NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy and the Requester’s IT security requirements and policies. The Requester, including the Requester’s IT Director, agree that the Requester’s IT security requirements and policies are sufficient to protect the confidentiality and integrity of the NIH controlled-access data entrusted to the Requester. If approved by NIH to use cloud computing for the proposed research project, as outlined in the Research and Cloud Computing Use Statements of the Data Access Request, the Requester acknowledges that the IT Director has reviewed and understands the cloud computing guidelines in the NIH Security Best Practices for Controlled-Access Data Subject to the NIH GDS Policy. The Requester and PI agree to notify the appropriate DAC(s) of any unauthorized data sharing, breaches of data security, or inadvertent data releases that may compromise data confidentiality within 24 hours of when the incident is identified. As permitted by law, notifications should include any known information regarding the incident and a general description of the activities or process in place to define and remediate the situation fully. Within 3 business days of the DAC notification, the Requester agrees to submit to the DAC(s) a detailed written report including the date and nature of the event, actions taken or to be taken to remediate the issue(s), and plans or processes developed to prevent further problems, including specific information on timelines anticipated for action. The Requester agrees to provide documentation verifying that the remediation plans have been implemented. Repeated violations or unresponsiveness to NIH requests may result in further compliance measures affecting the Requester. NIH, or another entity designated by NIH may, as permitted by law, also investigate any data security incident or policy violation. Approved Users and their associates agree to support such investigations and provide information, within the limits of applicable local, state, tribal, and federal laws and regulations. In addition, Requester and Approved Users agree to work with the NIH to assure that plans and procedures that are developed to address identified problems are mutually acceptable and consistent with applicable law.

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