Common use of Illicit Code Clause in Contracts

Illicit Code. For any software or software development provided by Contractor the following provisions shall apply: Illicit Code is defined as any harmful or hidden programs or data incorporated therein that destroys or impairs the Software and/or data, thereby inhibiting or preventing University from using the Licensed Software as warranted. Contractor uses commercially available software to detect existence of illicit code prior to distributing such Licensed Software; however, Contractor cannot guarantee that any Licensed Software is free of illicit codes and other defects. During the term of a Licensed Software warranty period, or during the term of any Software Support Services as the case may be, like with any other material Licensed Software defect, if it is determined that Illicit Code is present, then Contractor will use commercially reasonable efforts to correct the affected Software and if it cannot do so in a reasonable period of time, replace the affected Software. Contractor will also reasonably assist University in curtailing the spread of the Illicit Code. Contractor represents and warrants that there are no methods for gaining access to the Licensed Software or other computer resources or data of University (such as a master access key, ID password, back door or trap door) other than as otherwise set forth, and Contractor will not embed any device in the Licensed Software or take any action to disrupt or terminate University’s operation of the Licensed Software.