Common use of You undertake Clause in Contracts

You undertake. 6.2.1 not to provide or otherwise make available the Software in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) in any form to any person other than Your employees, temporary staff, agents or sub-contractors who need it for the purposes of this Agreement without Our prior written consent; 6.2.2 to comply with all applicable laws, regulations, and service guides in relation to Your activities under this Agreement; 6.2.3 not to access, store, distribute or transmit any Virus and to ensure that the Equipment is free from all and any Virus that may corrupt, downgrade or lead to the failure in or adversely affect the reliability or functionality of the Software and/or the Services provided by Us. In the event of an infection of the Software by a Virus that was caused by You, We reserve the right immediately to terminate this Agreement and shall not bear any liability for any damage caused to the Software, Equipment, data and/or losses (of any kind) suffered by You, and You shall indemnity Us for any losses (of any kind) caused to Us by the Virus and the cost of identifying and removing the Virus from Our system and/or the Software; 6.2.4 to ensure that the operating system and compiler and any other software with which the Software will be used is either Your property or it is legally licenced, hired or leased to You or for use with the Software; 6.2.5 to satisfy yourself that the Software meets the needs of Your business or purpose, and it is Your sole responsibility to determine that the Software is ready for operational use before it is so used. You are solely responsible for your actions and the decisions You make based on any Deliverables and Your use of the Software. If You are not qualified to make these assessments yourself, it is Your responsibility to engage the services of someone with requisite expertise who can make that assessment for You; 6.2.6 to allow Us to monitor any License metrics or Monthly Usage of the Software and to provide Us with full and accurate information and requested data as required in order for Us to monitor and calculate the Charges for the Monthly Usage or revised Charges for actual License metrics; 6.2.7 to ensure that You backup all Your data and information whether stored on the Equipment, Your computer equipment, file server, workstations, computers or otherwise before any such data or information is transferred to Us or before You or We install any Software. You will indemnify Us in respect of any and all losses, damages, claims or actions brought by You or any third party, arising from Your failure to back up Your data.

Appears in 4 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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You undertake. 6.2.1 not to provide or otherwise make available the Software in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) in any form to any person other than Your employees, temporary staff, agents or sub-contractors who need it for the purposes of this Agreement without Our prior written consent; 6.2.2 to comply with all applicable laws, regulations, laws and service guides regulations in relation to Your activities under this Agreement;; Page4 6.2.3 not to access, store, distribute or transmit any Virus and to ensure that the Equipment is free from all and any Virus that may corrupt, downgrade or lead to the failure in or adversely affect the reliability or functionality of the Software and/or the Services provided by Us. In the event of an infection of the Software by a Virus that was caused by You, We reserve the right immediately to terminate this Agreement and shall not bear any liability for any damage caused to the Software, Equipment, data and/or losses (of any kind) suffered by You, and You shall indemnity Us for any losses (of any kind) caused to Us by the Virus and the cost of identifying and removing the Virus from Our system and/or the Software; 6.2.4 to ensure that the operating system and compiler and any other software with which the Software will be used is either Your property or it is legally licenced, hired or leased to You or for use with the Software; 6.2.5 to satisfy yourself that the Software meets the needs of Your business or purpose, and it is Your sole responsibility to determine that the Software is ready for operational use before it is so used. You are solely responsible for your actions and the decisions You make based on any Deliverables and Your use of the Software. If You are not qualified to make these assessments yourself, it is Your responsibility to engage the services of someone with requisite expertise who can make that assessment for You; 6.2.6 to allow Us to monitor any License metrics or Monthly Usage of the Software and to provide Us with full and accurate information and requested data as required in order for Us to monitor and calculate the Charges for the Monthly Usage or revised Charges for actual License metrics; 6.2.7 to ensure that You backup all Your data and information whether stored on the Equipment, Your computer equipment, file server, workstations, computers or otherwise before any such data or information is transferred to Us or before You or We install any Software. You will indemnify Us in respect of any and all losses, damages, claims or actions brought by You or any third party, arising from Your failure to back up Your data.

Appears in 1 contract

Samples: General Terms & Conditions

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You undertake. 6.2.1 not to provide or otherwise make available the Software in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) in any form to any person other than Your employees, temporary staff, agents or sub-contractors who need it for the purposes of this Agreement without Our prior written consent; 6.2.2 to comply with all applicable laws, regulations, laws and service guides regulations in relation to Your activities under this Agreement; 6.2.3 not to access, store, distribute or transmit any Virus and to ensure that the Equipment is free from all and any Virus that may corrupt, downgrade or lead to the failure in or adversely affect the reliability or functionality of the Software and/or the Services provided by Us. In the event of an infection of the Software by a Virus that was caused by You, We reserve the right immediately to terminate this Agreement and shall not bear any liability for any damage caused to the Software, Equipment, data and/or losses (of any kind) suffered by You, and You shall indemnity Us for any losses (of any kind) caused to Us by the Virus and the cost of identifying and removing the Virus from Our system and/or the Software; 6.2.4 to ensure that the operating system and compiler and any other software with which the Software will be used is either Your property or it is legally licenced, hired or leased to You or for use with the Software; 6.2.5 to satisfy yourself that the Software meets the needs of Your business or purpose, and it is Your sole responsibility to determine that the Software is ready for operational use before it is so used. You are solely responsible for your actions and the decisions You make based on any Deliverables and Your use of the Software. If You are not qualified to make these assessments yourself, it is Your responsibility to engage the services of someone with requisite expertise who can make that assessment for You;; Page4 6.2.6 to allow Us to monitor any License metrics or Monthly Usage of the Software and to provide Us with full and accurate information and requested data as required in order for Us to monitor and calculate the Charges for the Monthly Usage or revised Charges for actual License metrics; 6.2.7 to ensure that You backup all Your data and information whether stored on the Equipment, Your computer equipment, file server, workstations, computers or otherwise before any such data or information is transferred to Us or before You or We install any Software. You will indemnify Us in respect of any and all losses, damages, claims or actions brought by You or any third party, arising from Your failure to back up Your data.

Appears in 1 contract

Samples: General Terms & Conditions

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