No Malicious Software. None of the Company Products 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 or without user intent will cause, any of the following functions (except as may be necessary to legitimately manage the authorized use of Company’s Product): (i) 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, (ii) damaging or destroying any data or file without the user’s consent, or (iii) sending information to Company, any of its Subsidiaries or any third party without the user’s consent. None of the Company Products (i) constitutes or is considered “spyware” or “trackware” as such term is commonly understood in the software industry, (ii) is installed on a user’s computer without their knowledge, (iii) records a user’s actions without their knowledge, (iv) employs a user’s Internet connection without their knowledge to gather or transmit information on the user or their behavior, or (v) will load whenever a browser starts or share the browser’s memory context. For the purposes of this paragraph, “without a user’s knowledge” includes but is not limited to (x) without explicitly informing the user and (y) without being expected by a reasonable user even if the text of a license agreement, help file, or other user information file does explicitly inform such user.
No Malicious Software. None of the Company Products currently being distributed, offered, made available, used, or supported 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 or without user intent will cause, any of the following functions: (i) 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, (ii) damaging or destroying any data or file without a customer’s specific consent, or (iii) sending information to the Company, a Company Subsidiary or any third party without a customer’s specific consent. None of the Company Products currently being distributed, offered, made available, used, or supported (i) is installed on a customer’s computer without their knowledge, (ii) records customer’s actions without their knowledge, (iii) employs a customer’s Internet connection without their knowledge to gather or transmit information on the customer or their behavior, or (iv) will load whenever a browser starts or share the browser’s memory context (all of the foregoing, collectively, “Malware”); provided, however, that no representation or warranty is made in this sentence with respect to any Malware that may be transmitted by the Company’s customers via Company Products, where any such Malware (i) is not and was not contained in or transmitted with the Company Products as made available by the Company or its Subsidiaries and (ii) could not have been detected and removed using reasonable efforts of the Company or its Subsidiaries. For the purposes of this paragraph, “without customer’s knowledge” includes but is not limited to (a) without explicitly informing the customer or (b) without being expected by a reasonable customer, even if the text of a license agreement, help file, or other user information file does explicitly inform such customer. For purposes of this Section 3.13(k), “customer” includes paid and unpaid customers and other users of such Company Products. The Company and each of its Subsidiaries have taken reasonable steps to protect the Company Products and the information technology systems used in connection with the operation of the Company and each of its Subsidiaries from Malware.
No Malicious Software. No Company Product contains any computer code designed to improperly disrupt, disable or harm in any manner the operation of any software or hardware. None of the Company’s Products contains any worm, bomb, backdoor, clock, timer or other disabling device, code, design or routine which improperly causes the software or any portion thereof to be erased, inoperable or otherwise incapable of being used, either automatically, with the passage of time or upon command by any party. The Company has a policy and procedure for tracking material bugs, errors and defects of which it becomes aware in any Company Products, and maintains a database covering the foregoing. For all Software currently used by the Company in providing Company Products, or in developing or making available any of the Company Products, the Company has, to the extent commercially appropriate, implemented any and all material security patches or material security upgrades that to the Company’s Knowledge are generally available for that Software. The term “material security patches or material security upgrades” means, for purposes of the foregoing sentence, security patches and security upgrades the implementation of which other companies developing and marketing software products similar to the Company’s Products would reasonably consider prudent.
