Common use of No Virus Clause in Contracts

No Virus. Licensee warrants that (i) the applications, interfaces, value-added services and/or solutions, workflows or processes Licensee develops using this SDK will not contain any computer program file that includes time code limitations, disabling devices, or any other mechanism which will prevent the Supplier Software from being functional at all times (collectively “Time Bombs”); and (ii) the applications, interfaces, value-added services and/or solutions, workflows or processes Licensee develops using this SDK will be free of computer viruses, black boxes, malware, trapdoors, and other mechanisms to allow remote/hidden attacks or access through unauthorized computerized command and control, and will not contain any other computer software routines designed to spy, monitor traffic (network sniffers, keyloggers), damage or erase such applications, interfaces, value-added services and/or solutions, workflows or processes developed using this SDK or data, or any computer files or systems of Avaya, its Affiliates, and/or end users (collectively “Virus”). In addition to any other remedies permitted in the Agreement, if Licensee breaches its warranties under this Section, Licensee will, at its expense, take remedial action to eliminate any Time Bombs and/or Viruses and prevent re-occurrence (including implementing appropriate processes to prevent further occurrences) as well as provide prompt, reasonable assistance to Avaya to materially reduce the effects of the Time Bomb and/or Virus.

Appears in 2 contracts

Samples: A Legal Agreement, A Legal Agreement

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No Virus. Licensee warrants that (i) the applications, interfaces, value-added services and/or solutions, workflows or processes Licensee develops using this SDK will not contain any computer program file that includes time code limitations, disabling devices, or any other mechanism which will prevent the Supplier Software Avaya product from being functional at all times (collectively “Time Bombs”); and (ii) the applications, interfaces, value-added services and/or solutions, workflows or processes Licensee develops using this SDK will be free of computer viruses, black boxes, malware, trapdoors, and other mechanisms to allow remote/hidden attacks or access through unauthorized computerized command and control, and will not contain any other computer software routines designed to spy, monitor traffic (network sniffers, keyloggers), damage or erase such applications, interfaces, value-added services and/or solutions, workflows or processes developed using this SDK or data, or any computer files or systems of Avaya, its Affiliates, and/or end users (collectively “Virus”). In addition to any other remedies permitted in the Agreement, if Licensee breaches its warranties under this Section, Licensee will, at its expense, take remedial action to eliminate any Time Bombs and/or Viruses and prevent re-occurrence (including implementing appropriate processes to prevent further occurrences) as well as provide prompt, reasonable assistance to Avaya to materially reduce the effects of the Time Bomb and/or Virus.

Appears in 2 contracts

Samples: A Legal Agreement, A Legal Agreement

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