Common use of Virus Clause in Contracts

Virus. Company represents and warrants that the Software shall not contain, and that Saint Luke’s shall not receive via access to or use of the Software, any Destructive Mechanisms, as defined below and Company shall not invoke such mechanisms at any time, including upon expiration or termination of the Agreement for any reason. For purposes of this Section, “Destructive Mechanisms” means computer code that: (i) is designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Software or any other software, firmware, hardware, computer system or network (sometimes referred to as “viruses” or “worms”); (ii) would disable or impair the Software or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the passage of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as “time bombs,” “time locks” or “drop dead” devices); (iii) would permit Company to access the Software or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment (sometimes referred to as “traps,” “access codes” or “trap door” devices); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations. If any Software contains Destructive Mechanism, Company shall, via a document specific to this provision, notify Saint Luke’s in writing. Such notification shall specifically inform Saint Luke’s of the full extent and nature of the Destructive Mechanism and provide Saint Luke’s with instructions for overriding such Destructive Mechanism in emergencies. Notwithstanding anything elsewhere in the Agreement to the contrary and to the extent any Software contains a Destructive Mechanism, Company shall be in default of the Agreement and no cure period shall apply. In addition to any other remedies available to it under the Agreement, Saint Luke’s reserves the right to pursue any civil and/or criminal penalties available to it against Company. Company represents and warrants that the occurrence of or use by the Software on dates or times that change (e.g. DST) will not adversely affect the performance of the Software with respect to date-dependent data, computations, output or other functions (including, without limitation, calculating, computing or sequencing), and the Software will create, store and generate output data related to or including such dates without errors or omissions.

Virus. Company represents and warrants that the Software shall not contain, and that Saint Luke’s shall not receive via access to or use of the Software, any Destructive Mechanisms, as defined below and Company shall not invoke such mechanisms at any time, including upon expiration or termination of the Agreement for any reason. For purposes of this Section, ““ Destructive Mechanisms” means computer code that: (i) is designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Software or any other software, firmware, hardware, computer system syste m or network (sometimes referred to as “viruses” or “worms”); (ii) would disable or impair the Software or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the passage of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as “time bombs,” “time locks” or “drop dead” devices); (iii) would permit Company to access the Software or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment (sometimes referred to as “traps,” “access codes” or “trap door” devices); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations. If any Software contains Destructive Mechanism, Company shall, via a document specific to this provisionpro vision, notify Saint Luke’s in writing. Such notification shall specifically inform Saint Luke’s of the full extent and nature of the Destructive Mechanism and provide Saint Luke’s with instructions for overriding such Destructive Mechanism in emergencies. Notwithstanding anything elsewhere in the Agreement to the contrary and to the extent any Software contains a Destructive Mechanism, Company shall be in default of the Agreement and no cure period shall apply. In addition to any other remedies available to it under the Agreement, Saint Luke’s reserves the right to pursue any civil and/or criminal penalties available to it against Company. Company represents and warrants that the occurrence of or use by the Software on dates or times that change (e.g. DST) will not adversely affect the performance of the Software with respect to date-dependent data, computations, output or other functions (including, without limitation, calculating, computing or sequencing), and the Software will create, store and generate output data related to or including such dates without wit hout errors or omissions.

Virus. Company represents and warrants that the Software shall not contain, and that Saint Luke’s shall not receive via access to or use of the Software, any Destructive Mechanisms, as defined below and Company shall not invoke such mechanisms at any time, including upon expiration or termination of the Agreement for any reason. For purposes of this Section, “Destructive Mechanisms” means computer code that: (i) is designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Software or any other software, firmware, hardware, computer system or network (sometimes referred to as “viruses” or “worms”); (ii) would disable or impair the Software or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the passage of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as “time bombs,” “time locks” or “drop dead” devices); (iii) would permit Company to access the Software or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment (sometimes referred to as “traps,” “access codes” or “trap door” devices); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations. If any Software contains Destructive Mechanism, Company shall, via a document specific to this provision, notify Saint Luke’s in writing. Such notification shall specifically inform Saint LukeXxxx’s of the full extent and nature of the Destructive Mechanism and provide Saint Luke’s with instructions for overriding such Destructive Mechanism in emergencies. Notwithstanding anything elsewhere in the Agreement to the contrary and to the extent any Software contains a Destructive Mechanism, Company shall be in default of the Agreement and no cure period shall apply. In addition to any other remedies available to it under the Agreement, Saint Luke’s reserves the right to pursue any civil and/or criminal penalties available to it against Company. Company represents and warrants that the occurrence of or use by the Software on dates or times that change (e.g. DST) will not adversely affect the performance of the Software with respect to date-dependent data, computations, output or other functions (including, without limitation, calculating, computing or sequencing), and the Software will create, store and generate output data related to or including such dates without errors or omissions.