Common use of Harmful Code Clause in Contracts

Harmful Code. No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (a) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (b) damaging or destroying any data or file without the user’s consent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger And (Websense Inc), Agreement and Plan of Merger (Volcano CORP), Agreement and Plan of Merger And (Dot Hill Systems Corp)

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Harmful Code. No To the Company’s Knowledge, no Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ai) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (bii) damaging or destroying any data or file without the user’s consent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Broadsoft Inc), Agreement and Plan of Merger (MoSys, Inc.), Packet Island Merger Agreement (Broadsoft Inc)

Harmful Code. No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (a) disrupting, disabling, harming, or otherwise materially impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (b) damaging or destroying any data or file without the user’s consent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (WEB.COM, Inc.), Agreement and Plan of Merger and Reorganization (Website Pros Inc), Agreement and Plan of Merger and Reorganization (Website Pros Inc)

Harmful Code. No Company To the Knowledge of Seller, no Business Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (a) disrupting, disabling, harming, harming or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (b) damaging or destroying any data or file without the user’s consent.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Webmedia Brands Inc.), Asset Purchase Agreement (Mediabistro Inc.)

Harmful Code. No To Company’s knowledge, no Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ai) disrupting, disabling, harming, harming or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (bii) damaging or destroying any data or file without the user’s consent. Company has taken commercially reasonable steps intended to prevent the introduction of any code designed or intended to have, or capable of performing, any of the foregoing functions.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Rapid7, Inc.)

Harmful Code. No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ai) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (bii) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Enernoc Inc)

Harmful Code. No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ai) materially disrupting, disabling, harming, or otherwise materially impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (b) materially damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Servidyne, Inc.)

Harmful Code. No The Company Software contains does not contain any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, have any of the following functions: (a) disrupting, disabling, harming, or otherwise impeding in any a malicious manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (b) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (St. Bernard Software, Inc.)

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Harmful Code. No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ai) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; , or (bii) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Asset Purchase Agreement (Intelligent Systems Corp)

Harmful Code. No To the Knowledge of the Company, no Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (a) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (b) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Agreement and Plan of Merger And (Cavium, Inc.)

Harmful Code. No Company Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (aA) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (bB) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ipass Inc)

Harmful Code. No The Company uses commercially reasonable efforts to prevent the Company Software contains from containing any "back door,” “" "drop dead device,” “" "time bomb,” “" "Trojan horse,” “" "virus," or "worm" (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ai) disrupting, disabling, harming, harming or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (bii) damaging or destroying any data or file without the user’s 's consent.

Appears in 1 contract

Samples: Escrow Agreement (Millennial Media Inc.)

Harmful Code. No Company Acquired Corporation Software contains any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (ai) disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (bii) damaging or destroying any data or file without the user’s consent.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Synopsys Inc)

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