Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that the licensed product as delivered by Licensor does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code to allow unauthorized intrusion upon, disabling of, or erasure of the licensed products (each a “Virus”). However, the licensed products may contain a key limiting use to the scope and quantity of the license(s) granted, and license keys issued by Licensor for temporary use are time-sensitive. The DoD’s exclusive remedy, and Licensor’s sole obligation, for any breach of the foregoing warranty shall be for Licensor to (a) replace the licensed products with a copy that does not contain Virus, and (b) if the DoD, has suffered an interruption in the availability of its computer system caused by Virus contained in the licensed product, reimburse the DoD for the actual reasonable cost to remove the Virus and restore the DoD’s most recent back up copy of data provided that: the licensed products have been installed and used by the DoD in accordance with the Documentation; the licensed products have not been modified by any party other than Licensor; The DoD has installed and tested, in a test environment which is a mirror image of the production environment, all new releases of the licensed products and has used a generally accepted antivirus software to screen the licensed products prior to installation in its production environment. Under no circumstances shall Licensor be liable for damages to the DoD for loss of the DoD’s data arising from the failure of the licensed products to conform to the warranty stated above.
Virus, Malicious, Mischievous or Destructive Programming. The Licensor warrants that the Licensed Products as delivered by the Licensor does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code to allow unauthorized intrusion upon, disabling of, or erasure of the Licensed Products (each a “Virus”). However, the Licensed Products may contain a key limiting use to the scope and quantity of the license(s) granted, and license keys issued by Licensor for temporary use are time-sensitive. The Licensor shall be liable for any damages incurred by the Commonwealth including, but not limited to, the expenditure of Commonwealth funds to eliminate or remove a computer virus or malicious, mischievous or destructive programming that results from the Licensor’s failure to take proactive measures to keep virus or malicious, mischievous or destructive programming from originating from the Licensor or any of its employees, subcontractors or consultants through appropriate firewalls and maintenance of anti-virus software and security updates (such as operating systems security patches, etc.). In the event of destruction or modification of any Licensed Products, the Licensor shall eliminate the virus, malicious, mischievous or destructive programming, restore the Commonwealth’s software, and be liable to the Commonwealth for any resulting damages.
Virus, Malicious, Mischievous or Destructive Programming. Notwithstanding any other provision in this Contract to the contrary, provided PENNDOT has fully complied with its software security standards, if CONTRACTOR or any of its employees, subcontractors or consultants introduces a virus or malicious, mischievous or destructive programming into PENNDOT and has failed to comply with PENNDOT software security standards and provided further that PENNDOT can demonstrate that the virus or malicious, mischievous or destructive programming was introduced by CONTRACTOR or any of its employees, subcontractors or consultants, CONTRACTOR shall be liable for any damage to any data and/or software owned or licensed by PENNDOT in the event a computer virus or malicious mischievous or destructive programming is discovered to have originated from CONTRACTOR, its servants, agents, or employees. In addition, CONTRACTOR shall be liable for the damages incurred by PENNDOT including, but not limited to, the expenditure of COMMONWEALTH funds to eliminate or remove a computer virus or malicious mischievous or destructive programming that result from CONTRACTOR’S failure to take proactive measures to keep virus or malicious, mischievous or destructive programming from originating from CONTRACTOR, its servants, agents or employees through appropriate firewalls and maintenance of anti-virus software and software security updates (such as operating systems security patches, etc.). In the event of destruction or modification of software, CONTRACTOR shall eliminate the virus, malicious, mischievous or destructive programming, restore PENNDOT’S software, and be liable to PENNDOT for any resulting damages. CONTRACTOR shall be responsible for reviewing COMMONWEALTH software security standards and complying with those standards. PENNDOT may, at any time, audit, by a means deemed appropriate by PENNDOT, any computing devices being used by representatives of CONTRACTOR to provide services to PENNDOT for the sole purpose of determining whether those devices have anti-virus software with current virus signature files and the current minimum operating system patches or workarounds have been installed. Devices found to be out of compliance will immediately be disconnected and will not be permitted to connect or reconnect to PENNDOT network until the proper installation have been made. CONTRACTOR may use the anti-virus software used by PENNDOT to protect CONTRACTOR’S computing devices used in the course of providing services to PENNDOT. It is understo...
Virus, Malicious, Mischievous or Destructive Programming. (a) The Licensor warrants that the Licensed Products as delivered by the Licensor does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code to allow unauthorized intrusion upon, disabling of, or erasure of the Licensed Products (each a “Virus”). However, the Licensed Products may contain a key limiting use to the scope and quantity of the license(s) granted, and license keys issued by Licensor for temporary use are time-sensitive.
(b) The Licensor shall be liable to the Commonwealth for any damages, costs, fines, remedial measures incurred by the Commonwealth and shall indemnify the Commonwealth against any Third Party claims (in accordance with Section 6, Indemnification) if the Licensor or any of its employees, subcontractors or consultants introduces a virus or malicious, mischievous or destructive programming into the Licensed Product or the Commonwealth’s or Third Party’s software, data, systems or computer networks.
Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that the licensed product as delivered by Licensor does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code to allow unauthorized intrusion upon, disabling of, or erasure of the licensed products (each a “Virus”).
Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that the licensed product at the time of shipment does not contain any known viruses, worms, Trojan Horses, or other malicious or destructive code to allow unauthorized intrusion upon, disabling of, or erasure of the Software (each a “Virus”). However, the Software may contain a key limiting use to the scope, quantity and duration of the license(s) granted, and license keys issued by Licensor for temporary use are time-sensitive. The DoD’s exclusive remedy, and Licensor’s sole obligation, for any breach of the foregoing warranty is set forth in Licensor’s Security Vulnerability Response Policy, a copy of which is attached hereto as Exhibit C, provided that: the Software have been installed and used by the DoD in accordance with the Licensor’s documentation provided with the Software; the Software have not been modified by any party other than Licensor; The DoD has installed and tested, in a test environment which is a mirror image of the production environment, all new releases of the Software and has used a generally accepted antivirus software to screen the Software prior to installation in its production environment. Under no circumstances shall Licensor be liable for damages to the DoD for loss of the DoD’s data arising from the failure of the Software to conform to the warranty stated above.
Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that the licensed product as delivered by Licensor does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code to allow unauthorized intrusion upon, disabling of, or erasure of the licensed products (each a “Virus”). However, the licensed products may contain a key limiting use to the scope and quantity of the license(s) granted, and license keys issued by Licensor for temporary use are time-sensitive. The DoD’s exclusive remedy and Licensor’s sole obligation for any breach of the foregoing warranty shall be for Licensor to (a) replace the licensed products with a copy that does not contain Virus, and (b) if the DoD, has suffered an interruption in the availability of its computer system caused by Virus contained in the licensed product, reimburse the DoD up to $ 1,000,000 for the actual cost to remove the Virus and restore the DoD’s most recent back up copy of data.
Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that the Licensed Product as delivered by Licensor does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code to allow unauthorized intrusion upon, disabling of, or erasure of the Licensed Products (each a “Virus”). However, the Licensed
(a) the Licensed Products have been installed and used by the Commonwealth in accordance with the Documentation;
(b) the Licensed Products has not been modified by any party other than Licensor;
(c) the Commonwealth has installed and tested, in a test environment which is a mirror image of the production environment, all new releases of the Licensed Products and has used a generally accepted antivirus software to screen the Licensed Products prior to installation in its production environment. Under no circumstances shall Licensor be liable for damages to the Commonwealth for loss of the Commonwealth’s data arising from the failure of the Licensed Products to conform to the warranty stated above.
Virus, Malicious, Mischievous or Destructive Programming. To ServiceNow’s knowledge, the Subscription Service contains no Malicious Code, where "Malicious Code" means software viruses, time bombs, Trojan horses, worms, time locks, clocks, trap door devices or any other similar harmful, malicious or hidden procedures, routines or mechanisms. ServiceNow will test the Subscription Service in accordance with good industry practice for the presence of Malicious Code prior to providing the Subscription Service for general availability to its customers. In the event Subscription Service is found to contain any Malicious Code that materially and adversely affects the performance of the Subscription Service or cause a material security risk to Customer Data, ServiceNow shall use all commercially reasonable efforts to remove the Malicious Code or to advise and assist Customer in the removal of the Malicious Code. The DoD’s exclusive remedy, and Licensor’s sole obligation, for any breach of the foregoing warranty shall be for Licensor to (a) replace the licensed products with a copy that does not contain Virus, and (b) if the DoD, has suffered an interruption in the availability of its computer system caused by Virus contained in the licensed product, reimburse the DoD for the actual reasonable cost to remove the Virus and restore the DoD’s most recent back up copy of data. The foregoing warranty does not include, and ServiceNow shall not be liable for, any Customer Data or any modifications made to the Subscription Service by any person other than ServiceNow or a person acting at ServiceNow’s direction. Customer shall be responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising out of the Customer Data, including any viruses, Trojan horses, worms or other programming routines contained in Customer Data that could limit or harm the functionality of the Subscription Service or that could damage, intercept or cause the loss or unauthorized disclosure of Customer Data.
Virus, Malicious, Mischievous or Destructive Programming. The Subcontractor agrees that they will conform to the provisions set forth in the Prime Contract, Commonwealth IT Terms and Conditions Section 32 (Virus, Malicious, Mischievous or Destructive Programming) hereby incorporated by reference.
