Common use of ILLICIT CODE WARRANTY Clause in Contracts

ILLICIT CODE WARRANTY. Supplier represents and warrants that the Services (1) contain no hidden files, (2) do not replicate, transmit, or activate the Services without control of a person operating computing equipment on which it resides, (3) do not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides, (4) contain no key, node lock, time-out, "back door,” “trap door," "booby trap," "drop dead device," "data scrambling device" or other function, whether implemented by electronic, mechanical or other means, which is intended to restrict use or access to any Services under this Agreement (hereinafter "Illicit Code"). Provided and to the extent any Services have any of the foregoing attributes that were intentionally written into the Services, and notwithstanding anything elsewhere in this Agreement to the contrary, Supplier will be in default of this Agreement, and no cure period will apply. Supplier agrees, in order to protect UC from damages which may be intentionally or unintentionally caused by the introduction of Illicit Code to UC’s data or Information Resources, no software will be installed, executed, or copied on UC data or Information Resources without the express approval of UC. Supplier also acknowledges that it does not have any right to electronically repossess the Services. This provision does not relate to viruses. Supplier represents and warrants that if Illicit Code is installed on UC data or Information Resources, Supplier will immediately provide UC with written notice of the installation of such Illicit Code. Supplier represents and warrants that even if Illicit Code is installed, SUPPLIER WILL NEVER UTILIZE THE ILLICIT CODE. If Illicit Code is enacted and UC is damaged, Supplier will be responsible for all damages (including but not limited to consequential, incidental and indirect damages) sustained by UC up to the amount of five times the amount of the fees paid by UC to the Supplier pursuant to this Agreement.