Common use of Illicit Code Clause in Contracts

Illicit Code. Licensor warrants unless (i) authorized in writing by Lilly or (ii) necessary to perform valid duties under this Agreement, any Software provided to Lilly by Licensor for use by Licensor or Lilly shall; (a) contain no hidden files, (b) as set up in the default installation, not replicate, transmit or activate itself without control of a person operating computing equipment on which it resides; (c) not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides; (d) contain no key, node lock, time-out or other function, whether implemented by electronic, mechanical or other means, which restricts or may restrict use or access to any programs or data developed under this Agreement, based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria ("Illicit Code"). Provided and to the extent any program has any of the foregoing attributes, and notwithstanding anything elsewhere in this Agreement to the contrary. Licensor shall be in default of this Agreement, and a thirty (30) day cure period shall apply. In addition to any other remedies available to it under this Agreement, Lilly reserves the right to pursue any civil and/or criminal penalties available to it against the Licensor.

Appears in 2 contracts

Samples: Software License Agreement (Phase Forward Inc), Software License Agreement (Phase Forward Inc)

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Illicit Code. Licensor Consultant warrants unless (i) authorized in writing by Lilly or (ii) necessary to perform valid duties under this Agreement, any Software Work Product provided to Lilly by Licensor Consultant for use by Licensor Consultant or Lilly shall; : (a) contain no hidden files, (b) as set up in the default installation, not replicate, transmit or activate itself without control of a person operating computing equipment on which it resides; (c) not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides; (d) contain no key, node lock, time-out or other function, whether implemented by electronic, mechanical or other means, which restricts or may restrict use or access to any programs or data developed under this Agreement, based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria ("Illicit CodeILLICIT CODE"). Provided and to the extent any program has any of the foregoing attributes, and notwithstanding anything elsewhere in this Agreement to the contrary. Licensor , Consultant shall be in default of this Agreement, and a thirty (30) day cure period shall apply. In addition to any other remedies available to it under this Agreement, Lilly reserves the right to pursue any civil and/or criminal penalties available to it against the LicensorConsultant.

Appears in 1 contract

Samples: Services Agreement (Phase Forward Inc)

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Illicit Code. Licensor warrants unless (i) authorized in writing by Lilly or (ii) necessary to perform valid duties under this Agreement, any Software provided to Lilly by Licensor for use by Licensor or Lilly shall; : (a) contain no hidden files, (b) as set up in the default installation, not replicate, transmit or activate itself without control of a person operating computing equipment on which it resides; (c) not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides; (d) contain no key, node lock, time-out or other function, whether implemented by electronic, mechanical or other means, which restricts or may restrict use or access to any programs or data developed under this Agreement, based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria ("Illicit Code"). Provided and to the extent any program has any of the foregoing attributes, and notwithstanding anything elsewhere in this Agreement to the contrary. , Licensor shall be in default of this Agreement, and a thirty (30) day cure period * shall apply. In addition to any other remedies available to it under this Agreement, Lilly reserves the right to pursue any civil and/or criminal penalties available to it against the Licensor.

Appears in 1 contract

Samples: Software License Agreement (Phase Forward Inc)

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