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

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 understood that CONTRACTOR may not install the software on any computing device not being used to provide services to PENNDOT, and that all copies of the software will be removed from all devices upon termination of this Contract.

Virus, Malicious, Mischievous or Destructive Programming. Notwithstanding any other provision in this Contract Agreement to the contrary, provided PENNDOT has fully complied with its Licensor shall be liable for any damage to any data and/or software security standards, owned or licensed by Licensee if CONTRACTOR Licensor or any of its employees, subcontractors or consultants introduces a virus or malicious, mischievous or destructive programming into PENNDOT Licensee’s software or computer networks and has failed to comply with PENNDOT Licensee’s software security standards and provided further that PENNDOT can standards. Licensee must demonstrate that Licensor or any of its employees, subcontractors or consultants introduced the virus or malicious, mischievous or destructive programming was introduced by CONTRACTOR or any of programming. Licensor’s liability shall cease if Licensee has not fully complied with its employees, subcontractors or consultants, CONTRACTOR own software security standards. Licensor 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 Licensee including, but not limited to, the expenditure of COMMONWEALTH Licensee funds to eliminate or remove a computer virus or malicious malicious, mischievous or destructive programming that result results from CONTRACTOR’S Licensor’s failure to take proactive measures to keep virus or malicious, mischievous or destructive programming from originating from CONTRACTORLicensor or any of its employees, its servants, agents subcontractors or employees consultants 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 Licensor shall eliminate the virus, malicious, mischievous or destructive programming, restore PENNDOT’S Licensee’s software, and be liable to PENNDOT the Licensee for any resulting damages. CONTRACTOR Licensor shall be responsible for reviewing COMMONWEALTH Licensee software security standards and complying with those standards. PENNDOT Licensee may, at any time, audit, by a means deemed appropriate by PENNDOTLicensee, any computing devices being used by representatives of CONTRACTOR Licensor to provide services to PENNDOT Licensee 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 Licensee’s network until the proper installation installations have been made. CONTRACTOR Licensor may use the anti-virus software used by PENNDOT Licensee to protect CONTRACTOR’S Licensor’s computing devices used in the course of providing services to PENNDOTLicensee. It is understood that CONTRACTOR Licensor may not install the software on any computing device not being used to provide services to PENNDOTLicensee, and that all copies of the software will be removed from all devices upon termination of this ContractAgreement. Licensee will not be responsible for any damages to Licensor’s computers, data, software, etc. caused as a result of the installation of Licensee’s anti-virus software or monitoring software on Licensor’s computers.