Common use of Virus, Malicious, Mischievous or Destructive Programming Clause in Contracts

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.

Appears in 15 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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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-sensitivetime‐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.

Appears in 4 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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 DoDCommonwealth’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 DoDCommonwealth, has suffered an interruption in the availability of its computer system caused by Virus contained in the licensed product, reimburse the DoD Commonwealth for the actual reasonable cost to remove the Virus and restore the DoDCommonwealth’s most recent back up copy of data provided that:  the licensed products have been installed and used by the DoD Commonwealth in accordance with the Documentation;  the licensed products have has not been modified by any party other than Licensor;  The DoD 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 DoD Commonwealth for loss of the DoDCommonwealth’s data arising from the failure of the licensed products to conform to the warranty stated above.

Appears in 2 contracts

Samples: Master Services Agreement, shop.asapsoftware.ca

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 cost, subject to section 8, 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.

Appears in 1 contract

Samples: Software License Agreement

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.

Appears in 1 contract

Samples: Defense Software License Agreement

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 DoDCommonwealth’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 DoDCommonwealth, has suffered an interruption in the availability of its computer system caused by Virus contained in the licensed product, reimburse the DoD Commonwealth for the actual reasonable cost to remove the Virus and restore the DoDCommonwealth’s most recent back up copy of data provided that: the licensed products have been installed and used by the DoD Commonwealth in accordance with the Documentation; the licensed products have has not been modified by any party other than Licensor;  The DoD 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 DoD Commonwealth for loss of the DoDCommonwealth’s data arising from the failure of the licensed products to conform to the warranty stated above.

Appears in 1 contract

Samples: Software License Requirements

Virus, Malicious, Mischievous or Destructive Programming. Licensor ‌ Publisher warrants that the licensed product Licensed Software as initially delivered by Licensor Publisher does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed to allow unauthorized intrusion upon, disabling of, or erasure of the licensed products Licensed Software (each a “Virus”). However, the licensed products Licensed Software may contain a key limiting use to the scope and quantity of the license(s) granted, and license keys issued by Licensor Publisher for temporary use are time-sensitive. The DoD’s exclusive remedy, and LicensorPublisher’s sole obligation, for any breach of the foregoing warranty shall be for Licensor Publisher to (a) replace the licensed products Licensed Software 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 productLicensed Software, reimburse the DoD up to $250,000 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 The Licensed Software has been installed and used by the DoD in accordance with the Documentation;  the licensed products have The Licensed Software has 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 Licensed Software and has used a generally accepted antivirus software to screen the licensed products Licensed Software prior to installation in its production environment.  It is proven by a preponderance of the evidence that the Virus was introduced into the DoD’s environment solely through Tanium Licensed Software. Under no circumstances shall Licensor Publisher be liable for damages to the DoD for loss of the DoD’s data arising from the failure of the licensed products Licensed Software to conform to the warranty stated above.

Appears in 1 contract

Samples: Software License Agreement

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 DoDDOD’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 DoDDOD, has suffered an interruption in the availability of its computer system caused by Virus contained in the licensed product, reimburse the DoD DOD for the actual reasonable cost to remove the Virus and restore the DoDDOD’s most recent back up copy of data provided that:  the licensed products have been installed and used by the DoD DOD in accordance with the Documentation;  the licensed products have has not been modified by any party other than Licensor;  The DoD 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 DOD for loss of the DoDDOD’s data arising from the failure of the licensed products to conform to the warranty stated above.

Appears in 1 contract

Samples: Software License Agreement

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.

Appears in 1 contract

Samples: Software License Agreement

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 a Virus, and (b) if the DoD, has suffered an interruption in the availability of its computer system caused by a 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; and  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.

Appears in 1 contract

Samples: Defense Software License Agreement

Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that Licensor has used industry standard techniques to prevent the licensed product as delivered at the time of delivery by Licensor does not contain from injecting into DoD’s endpoints where the licensed product is installed 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, or (b) in a commercially reasonable manner and within 30 days following notification thereof, quarantine and/or remove the Virus, and (bc) if the DoD, has suffered an interruption in the availability of its computer system caused by Virus contained in the a licensed productproduct installed on a DoD endpoint, 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.

Appears in 1 contract

Samples: Software License Agreement

Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that that: (a) the licensed product Product as delivered by Licensor does not intentionally contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed to allow unauthorized intrusion upon, disabling of, or erasure of the licensed products products; and (each a “Virus”). b) it will make all commercially reasonable efforts to ensure that the Products are free from viruses when delivered by Licensor to the DoD. However, the licensed products 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-sensitivetime‐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 Products with a copy that does not contain Virus, and or (b) if the DoD, DoD has suffered an interruption in the availability of its computer system caused systems that is a direct result of a breach by Virus contained Licensor of the warranty set forth in the licensed productprevious paragraph, then Licensor shall reimburse the DoD for the actual reasonable cost to remove the Virus and restore the DoD’s most recent back up copy of data up to an amount equal to USD 5,000,000, provided that:  the licensed products Products have been installed and used by the DoD in accordance with the Documentation;  the licensed products 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 Products and has used a generally accepted antivirus software to screen the licensed products 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 Products to conform to the warranty stated above.

Appears in 1 contract

Samples: Services Agreement

Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that it has used industry Best Practices to ensure 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.

Appears in 1 contract

Samples: Denodo Software License Agreement

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 product specifications and instructions, as set forth in any user manuals, training manuals regarding the licensed products which are provided by Licensor (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.

Appears in 1 contract

Samples: Software License Agreement

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Virus, Malicious, Mischievous or Destructive Programming. Licensor Publisher warrants that the licensed product Licensed Software as initially delivered by Licensor Publisher does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed to allow unauthorized intrusion upon, disabling of, or erasure of the licensed products Licensed Software (each a “Virus”). However, the licensed products Licensed Software may contain a key limiting use to the scope and quantity of the license(s) granted, and license keys issued by Licensor Publisher for temporary use are time-sensitive. The DoD’s exclusive remedy, and LicensorPublisher’s sole obligation, for any breach of the foregoing warranty shall be for Licensor Publisher to (a) replace the licensed products Licensed Software 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 productLicensed Software, reimburse the DoD up to $250,000 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 ▪ The Licensed Software has been installed and used by the DoD in accordance with the Documentation;  the licensed products have ▪ The Licensed Software has 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 Licensed Software and has used a generally accepted antivirus software to screen the licensed products Licensed Software prior to installation in its production environment. ▪ It is proven by a preponderance of the evidence that the Virus was introduced into the DoD’s environment solely through Tanium Licensed Software. Under no circumstances shall Licensor Publisher be liable for damages to the DoD for loss of the DoD’s data arising from the failure of the licensed products Licensed Software to conform to the warranty stated above.

Appears in 1 contract

Samples: Software License Agreement

Virus, Malicious, Mischievous or Destructive Programming. With the exception of the intended functionality of the licensed products, 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 configured 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 been configured 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 security measures to screen the licensed products prior to installation in its production environment. For clarity, the licensed products are SaaS items and do not require installation. 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.

Appears in 1 contract

Samples: Software License Agreement

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 DoDDOD’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 DoDDOD, has suffered an interruption in the availability of its computer system caused by Virus contained in the licensed product, reimburse the DoD DOD for the actual reasonable cost to remove the Virus and restore the DoDDOD’s most recent back up copy of data provided that: the licensed products have been installed and used by the DoD DOD in accordance with the Documentation; the licensed products have has not been modified by any party other than Licensor;  The DoD ▪ 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 DOD for loss of the DoDDOD’s data arising from the failure of the licensed products to conform to the warranty stated above.

Appears in 1 contract

Samples: Software License Agreement

Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that the licensed product as delivered at the time of delivery 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. DoD must notify Licensor within 30 days of delivery of such claim. 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 components of 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 in accordance with the terms of this Agreement 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.

Appears in 1 contract

Samples: Software License Agreement

Virus, Malicious, Mischievous or Destructive Programming. Licensor warrants that at the time of delivery 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.

Appears in 1 contract

Samples: Defense Software License Agreement

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.

Appears in 1 contract

Samples: Software License Agreement

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 due to a Virus contained in the licensed product, reimburse Licensor shall work with DOD in the DoD for the actual reasonable cost to remove the Virus and restore the restoration of DoD’s most recent back up copy of data in addition to paying the reasonable damages caused by the Virus itself, 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.

Appears in 1 contract

Samples: Defense Software License Agreement

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-sensitivetime‐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 productproduct (that can be determined to be present due to RSA negligence, willful misconduct or malfeasance), 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.

Appears in 1 contract

Samples: Software License Agreement

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