Common use of Certain Prohibitions Clause in Contracts

Certain Prohibitions. The Evaluation Laboratory is prohibited from prescribing, or directing the Provider to use, any particular Product design, or otherwise evaluating any Product designed to its own specifications. All Evaluation Laboratory activities shall be conducted in a manner as to not show partiality or provide for outside influence on test and evaluation processes. The Evaluation Laboratory shall not perform security evaluations on any Product in which it has any ownership or vested interest. The Evaluation Laboratory will limit its activities for Providers requesting security evaluations under the Evaluation Process to assessing the compliance of designs proposed by the Provider. The Evaluation Laboratory will not provide design solutions or concepts to any Provider to which it also provides security evaluation services under or pursuant to the Evaluation Process or this Agreement. Employees of the Evaluation Laboratory shall not perform design activities on any products for which the Evaluation Laboratory is also performing conformance security evaluations. Specifically, Evaluation Laboratory personnel shall not have: a) designed, b) developed original documentation for, or c) built, coded, or implemented any part of the Product to be tested. If the corporate group to which Evaluation Laboratory belongs has a design organization, that corporate group shall be organized such that: a) the Evaluation Laboratory has no ownership in the design organization, b) the Evaluation Laboratory has completely separate management from the design organization, and

Certain Prohibitions. The Evaluation Laboratory is prohibited from prescribing, or directing the Provider Product Vendor to use, any particular Product design, or otherwise evaluating any Product designed to its own specifications. All Evaluation Laboratory activities shall be conducted in a manner as to not show partiality or provide for outside influence on test and evaluation processes. The Evaluation Laboratory shall not perform security evaluations on any Product in which it has any ownership or vested interest. The Evaluation Laboratory will limit its activities for Providers Product Vendors requesting security evaluations under the Evaluation Process to assessing the compliance of designs proposed by the ProviderProduct Vendor. The Evaluation Laboratory will not provide design solutions or concepts to any Provider Product Vendor to which it also provides security evaluation services under or pursuant to the Evaluation Process or this Agreement. Employees of the Evaluation Laboratory shall not perform design activities on any products for which the Evaluation Laboratory is also performing conformance security evaluations. Specifically, Evaluation Laboratory personnel shall not have: a) designed, b) developed original documentation for, or c) built, coded, or implemented any part of the Product to be tested. If the corporate group to which Evaluation Laboratory belongs has a design organization, that corporate group shall be organized such that: a) the Evaluation Laboratory has no ownership in the design organization, b) the Evaluation Laboratory has completely separate management from the design organization, and: