SOFTWARE SECURITY; DATA PRIVACY Sample Clauses

SOFTWARE SECURITY; DATA PRIVACY. Joinder represents and warrants that it will not knowingly include, in any Joinder software released to the public and provided to Customer hereunder, any computer code or other computer instructions, devices or techniques, including without limitation those known as disabling devices, trojans, or time bombs, that intentionally disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof, including its security or user data. If, at any time, ▇▇▇▇▇▇▇ fails to comply with the warranty in this Section, Customer may promptly notify Joinder in writing of any such noncompliance. ▇▇▇▇▇▇▇ will, within thirty (30) days of receipt of such written notification, either correct the noncompliance or provide Customer with a plan for correcting the noncompliance. If the noncompliance is not corrected or if a reasonably acceptable plan for correcting them is not established during such period, Customer may terminate this Agreement as its sole and exclusive remedy for such noncompliance. To the extent that any information provided to Joinder or uploaded to the Services by Customer or its End Users includes personal data of data subjects in the European Union, the terms of the EU Data Processing Addendum set forth in Part III shall apply. In the event of any conflict between these terms and conditions and the EU Data Processing Addendum, the EU Data Processing Addendum shall supersede and control. Unless Customer has entered into a written agreement with ▇▇▇▇▇▇▇ to the contrary, Customer acknowledges that ▇▇▇▇▇▇▇ is not a “Business Associate” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), and that the Services are not HIPAA compliant. Customer must not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. Customer agrees that ▇▇▇▇▇▇▇ cannot support, and shall have no liability for, any PHI received from Customer, notwithstanding anything to the contrary herein