Common use of System Security Breach Clause in Contracts

System Security Breach. If there is a security breach, for any reason, of the FOCUSIT Applications, FOCUSIT Server, or FOCUSIT Site which results in the disclosure of any Client Content or any other Confidential Information of Client, including, but not limited to, any personal identifiable information of Client, its End Users, or any of their customers (hereinafter collectively referred to as a “System Security Breach”), then the following shall govern Client’s rights and remedies arising out of such System Security Breach: (a) FOCUSIT’s sole and exclusive obligation to Client arising out of such System Security Breach is to provide notice to Client (within a commercially reasonable time after FOCUSIT’s President learns of such System Security Breach) containing only the following information: (i) notification of the occurrence of the System Security Breach; and (ii) the name(s) of any of its End Users whose personal identifiable information may have been disclosed as a result of such System Security Breach; and (b) Client acknowledges and agrees that FOCUSIT is not responsible for any security breach of any type, including without limitation any System Security Breach, cause by Client or any of its End Users. (c) Client further acknowledges and agrees that FOCUSIT’s sole liability resulting from or arising out of any such System Security Breach is specifically limited as set forth in Section 6.2 of the Terms of Use.

Appears in 7 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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