Common use of Customer Warranty Clause in Contracts

Customer Warranty. Customer represents and warrants that any Customer Content hosted by Expel as part of the Services shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious code intended to damage Expel’s system or data; or (e) otherwise violate the rights, including any applicable privacy rights, of a third party. Expel is not obligated to back up any Customer Content; the Customer is solely responsible for creating backup copies of any Customer Content at Customer’s sole cost and expense. Customer agrees that any use of the Services contrary to or in violation of the representations and warranties of Customer in this section constitutes unauthorized and improper use of the Services.

Customer Warranty. Customer represents and warrants that any Customer Content Data hosted by Expel PreciseTarget as part of the Services shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious code intended to damage ExpelPreciseTarget’s system or data; or (e) otherwise violate the rights, including any applicable privacy rights, of a third party. Expel PreciseTarget is not obligated to back up any Customer ContentData; the Customer is solely responsible for creating backup copies of any Customer Content Data at Customer’s sole cost and expense. Customer agrees that any use of the Services contrary to or in violation of the representations and warranties of Customer in this section constitutes unauthorized and improper use of the Services.