VIRUSES AND DISABLING DEVICES. Neither SCPDC Software nor any enhancements, modifications, upgrades, updates, revisions or releases thereof shall contain (i) any mechanism such as a "trap door", "time bomb", or "logic bomb", software protection routine or other similar device, that would enable SCPDC to disable the Software or make the Software inaccessible to Licensee after the Software is installed; or (ii) to the best of SCPDC's knowledge, any computer "virus", "worm" or similar programming routine.
VIRUSES AND DISABLING DEVICES. ACS shall implement and use industry best practices to identify, screen, and prevent, and shall not introduce, any Disabling Device in hardware, software or other resources utilized by ACS, Symetra or any Third Party in connection with the Services. A “Disabling Device” is any virus, timer, clock, counter, time lock, time bomb, Trojan horse, worms, file infectors, boot sector infectors or other limiting design, instruction or routine and surveillance software or routines or data gathering or collecting software or devices that could, if triggered, erase data or programming, have an adverse impact on the Services, cause the hardware, software or other resources to become inoperable or otherwise incapable of being used in the full manner for which such hardware, software or other resources were intended to be used, or that collect data or information. Without limiting any other rights and remedies that may then be available to Symetra, at no cost or expense to Symetra and without adversely impacting the Services or any Other Services, ACS shall reduce and/or eliminate the effects of any Disabling Device including, without limitation, by restoring and/or bearing the cost to re-create any lost data and/or software programming.
VIRUSES AND DISABLING DEVICES. Neither the Software nor any enhancements, modifications, upgrades, updates, revisions or releases thereof shall contain (i) any mechanism such as a "trap door", "time bomb", or "logic bomb", software protection routine or other similar device, that would enable StarPoint to disable the Software or make the Software inaccessible to GeoCities after the Software is installed; or (ii) to the best of StarPoint's knowledge, any computer "virus", "worm" or similar programming routine.
VIRUSES AND DISABLING DEVICES. 48.2.4.1. The Service Provider warrants that it shall implement and use Best Practices to identify, screen and prevent viruses.
VIRUSES AND DISABLING DEVICES. Contractor shall implement and use industry best practices to identify, screen, and prevent, and shall not introduce, and Disabling Device in hardware, software or other resources utilized by Contractor, Metro or any third party in connection with the services. A “Disabling Device” is any virus, timer, clock, counter, time lock, time bomb, Trojan horse, worms, file inflectors, boot sector infectors or other limiting design, instruction or routine and surveillance software or routines or data gathering or collecting software or devices that could, if triggered, erase data or programming, have an adverse impact on the services, cause the hardware, software or other resources to become inoperable or otherwise incapable of being used in the full manner for which such hardware, software or other resources were intended to be used, or that collect data or information. At no cost or expense to Metro and without adversely a impacting the services, Contractor shall reduce and/or eliminate the effects of any Disabling Device including, without limitation, by restoring and/or bearing the cost to recreate any lost data and/or software programming.
VIRUSES AND DISABLING DEVICES. Contractor shall use the better of industry best practices or what it uses for its own business purposes at all times during the Term to identify, screen, and prevent, and shall not itself install, any Disabling Device in resources utilized by Contractor, the County, or any Third-Party, in connection with the Services. A “Disabling Device” is any virus, worm, Trojan horse, timer, clock, counter, time lock, time bomb, or other limiting design, instruction, or routine that could, if triggered, erase data or programming, open to unauthorized use or viewing, or cause the resources to become inoperable or otherwise incapable of being used in the full manner for which such resources were intended to be used. Contractor shall immediately, and at its sole cost and expense, remediate the effects of any Disabling Device discovered in such resources, and shall use any means possible to restore any data altered or destroyed to the condition it was in prior to the impact of the Disabling Device. Contractor shall further take all necessary actions and pay all costs and expenses to remediate damage to the County and third parties, including the County’s constituents impacted by the Disabling Device. Nothing in this Section 7.1 shall reduce or alter Contractor’s additional indemnity obligations set forth in Section 22.
VIRUSES AND DISABLING DEVICES. Neither the Software nor any enhancements, modifications, upgrades, updates, revisions or releases thereof shall contain (i) any mechanism such as a "trap door," "time bomb," or "logic bomb," software protection routine or other similar device, that would enable Licensor to disable the Software or make the Software inaccessible to Customer after the Software is installed; or (ii) to the best of Licensor's knowledge, any computer "virus," "worm" or similar programming routine. This excludes the process of utilizing proper software installation codes to maintain ones active software license.
VIRUSES AND DISABLING DEVICES. Provider shall implement commercially reasonable practices and procedures (including, but not limited to, implementing the practices and procedures described in Schedule K) to identify, screen, and prevent, and shall not itself install, any Disabling Device in resources utilized by Provider, Investors, or any third party, to provide the Services. A “Disabling Device” is any virus, timer, clock, counter, time lock, time bomb, Trojan horse, worms, file infectors, boot sector infectors, or other limiting design, instruction, or routine that could, if triggered, erase data or programming or cause the resources to become inoperable or otherwise incapable of being used in the full manner for which such resources were intended to be used. Provider will use commercially reasonable efforts to minimize or eliminate the effects of any Disabling Device and Provider will use commercially reasonable efforts to prevent or minimize the loss of operating efficiency or data; provided, however, to the extent the Disabling Device was introduced due to Provider’s failure to comply with this Section 1.5, any additional resources necessary in addition to the Services shall be at Provider’s sole expense.
VIRUSES AND DISABLING DEVICES. Provider shall use industry best practices regularly to identify, screen, and prevent any Disabling Device in resources utilized by Provider or Client (if managed by Provider) in connection with the provision or receipt of the Services and shall not itself knowingly or intentionally install (and shall prevent its Subcontractors from knowingly and intentionally installing) any Disabling Device in resources utilized by Provider, Client, or any Subcontractor, in connection with the provision or receipt of the Services. A “Disabling Device” is a virus, timer, clock, counter, time lock, time bomb, or other limiting design, instruction, or routine that would purposely and inappropriately erase data or programming or cause any resource to become inoperable or otherwise incapable of being used in the full manner for which such resource was intended to be used. Provider shall assist Client in reducing and mitigating the effects of any Disabling Device discovered in any resource related to the provision or receipt of the Services, especially if such Disabling Device is causing a loss of operating efficiency or data. Timers, clocks, counters, and time locks included as part of any commercial Software by the manufacturer of that Software shall not be considered Disabling Devices for purposes of this Section.
VIRUSES AND DISABLING DEVICES. Provider warrants that it shall implement and use industry Best Practices to identify, screen and prevent, and shall not introduce, any Disabling Device into any hardware, software or other resources utilized by Provider, Service Recipient or any Third Party in connection with the Services. At no cost or expense to Service Recipient and without adversely impacting the Services or any Other Services, Provider shall reduce and/or eliminate the effects of any Disabling Device including by restoring and/or bearing the cost to re-create any lost data and/or software programming. Conflicts of Interest Provider represents and warrants to Service Recipient that neither Provider nor any of its Affiliates, nor any Employee of either, nor any member of the immediate family of any such Employee has, shall have or shall acquire any direct or indirect contractual, financial, business or other interest or advantage that would conflict in any manner or degree with Provider's performance of its duties and responsibilities to Service Recipient under this Agreement or otherwise create an appearance of impropriety with respect to this Agreement and Provider shall promptly inform Service Recipient of any such interest that may be incompatible with the interests of Service Recipient or creates an appearance of impropriety. Provider represents and warrants to Service Recipient that neither Provider nor any of its Affiliates, nor any Employee of either, has used or shall use the authority provided or to be provided under this Agreement to improperly obtain financial gain, advantage or benefit for Provider, any of its Affiliates, any of their Employees, or any member of the immediate family of any such Employee. Provider represents and warrants to Service Recipient that neither Provider nor any of its Affiliates, nor any Employee of either, has used or shall use any Service Recipient Confidential Information acquired in connection with this Agreement to obtain financial gain, advantage or benefit for Provider, any of its Affiliates, any of their Employees or any member of the immediate family of any such Employee. Provider represents and warrants to Service Recipient that neither Provider nor any of its Affiliates, nor any Employee of either, nor any member of the immediate family of any such Employee, has accepted or shall accept anything of value or an inducement that would provide a financial gain, advantage or benefit, based on an understanding that the actions of Provider, an...
