Common use of Disabling Code Warranty Clause in Contracts

Disabling Code Warranty. Except as specified below, Supplier represents and warrants to MetroPCS that any Software provided by Supplier hereunder does not, at the time of delivery and installation by Supplier, contain and will not receive from Supplier’s data transmission via modem, link, internet, or any other Supplier medium any virus, spyware, malware, worm, trap door, Trojan horse, back door, timer, clock, counter or other limiting routine, instruction or design that would erase data or programming or that was otherwise created to cause any Product to become inoperable or incapable of being used in accordance with the Documentation (collectively, a “Disabling Code”) including, without limitation, any limitations that are triggered by: (a) the Software being used or copied a certain number of times, or after the lapse of a certain period of time; (b) the Software being installed on or moved to a central processing unit or system that has a serial number, model number or other identification different from the central processing unit or system on which the Software was originally installed; or (c) the occurrence or lapse of any similar triggering factor or event. As an exception to the above, Supplier represents and warrants to MetroPCS and MetroPCS acknowledges that certain Supplier Product may contain programming which restricts and/or limits access to the features and functionality of such Product subject to MetroPCS making payment for such features or functionality and utilizing the purchased hash code or pass code needed to access such features or functionality. If a Disabling Code is identified, Supplier shall take all steps necessary, ***, to: (d) restore and/or reconstruct any and all data lost by MetroPCS as a result of such Disabling Code; (e) furnish to MetroPCS a new copy of the Software without the presence of Disabling Codes; and (f) install and implement such new copy of the Software. On each annual anniversary of the Effective Date, a Supplier officer shall certify to MetroPCS in writing that Supplier is in compliance with its representation and warranty set forth in this Section. This warranty shall remain in full force and effect until***.