Masergy Network Clause Samples

Masergy Network. Masergy Equipment, Masergy’s data, applications, devices and network, including without limitation the software, equipment, and any internet connections controlled by Masergy to provide the Software or Services whether or not located on or at the Service Location(s) (collectively, the “Masergy Network”) is and shall remain the property of Masergy regardless of whether installed within, upon, overhead, above, or underground at or near the Service Location and shall not be considered a fixture or an addition to the land or the Service Location(s) located thereon. Customer agrees that it shall take no action that directly or indirectly impairs Masergy’s title to the Masergy Network, or any portion thereof, or exposes Masergy to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties. Nothing in the Agreement shall preclude Masergy from using the Masergy Network for services provided to other Masergy customers. Except for any equipment Masergy obtains from the LEC as set forth in Section 3.5, Masergy is responsible for the virtual and physical security of the Masergy Network and the development of reasonable physical and virtual security safeguards, policies, and procedures, including, without limitation, the use of industry recognized internet security, intrusion detection, and antivirus software. Masergy agrees to take commercially reasonable steps to protect virtual and physical access to the Software and Services originating from the Masergy Network.