Virus and Disabling Code Clause Samples

Virus and Disabling Code. The Vendor warrants that it shall not introduce or code any virus or unauthorized disabling code in to any software Deliverable provided hereunder or into the Customer network or system. The Vendor shall use industry standard anti-virus software and devices to screen all software Deliverables prior to delivery to the Customer to prevent any viruses, worms or other computer code that has the effect of disabling or interrupting the operating of a computer system or destroying, erasing or otherwise harming any data, software or hardware.
Virus and Disabling Code. ‌ 15.6.1 The Supplier represents and warrants that in the case of any Work Product that is software or Services involving the use of Software, the Supplier will not knowingly include in such software (a) any routine intended to cause such Work Product or VITA’s Systems to malfunction or fail to perform; (b) any computer code designed to disrupt, disable, harm or otherwise interfere with or impede in any manner (including aesthetic disruptions and distortions) the operation of Work Product or VITA’s Systems, or any other associated software, firmware, hardware, computer system, platform or network, or any other harmful component (including, but not limited to, any cancelbot denial of service routines, "Trojan horse" or any other contamination or destructive feature) (any such code described in this clause (b) being a “Virus”); and (c) any code or component that would permit access by the Supplier to cause such disablement or impairment specified in clauses (a) and (b) above, or any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause VITA Data and VITA’s Systems to cease functioning or cause damage to or corrupt data, storage media, program or communications, or otherwise interfere with the operation of VITA’s Systems. Notwithstanding any rights granted under this Agreement or at law, Supplier hereby waives under any and all circumstances any right it may have to exercise use of electronic means for any license termination rights. Supplier agrees that VITA may pursue all remedies provided under law or in equity in the event of a breach or threatened breach of this Section, including injunctive relief. 15.6.2 Further, without limiting any more specific obligations in this Agreement, the Supplier will use all commercially reasonable efforts to prevent a Virus from entering VITA Systems through the Supplier’s Systems that are under Supplier’s control, including by (a) monitoring all the Supplier Facilities and the Supplier’s Systems that have access to VITA Systems or VITA Data or that otherwise are used to perform the Services, (b) using industry standard Virus software and devices to screen all software prior to delivery to VITA (including by way of access) to prevent the introduction of any Viruses, (c) remediating any failures in an anti-virus program, (d) updating signatures, and (e) addressing any failures of software caused either by the Virus or anti-virus software. Supplier also will guard against denial of se...
Virus and Disabling Code. Contractor represents and warrants that in the case of any Work Product that is software, Contractor will not include or permit to exist in such Work Product: (a) any routine intended to cause such Work Product or GTA’s systems to malfunction or fail to perform; (b) any computer code or other harmful component designed to disrupt, disable, damage, harm or otherwise interfere with or impede normal operations of, any data or any systems (including any cancelbot, denial of service routines, “Trojan horse” or any other contamination or destructive feature) (any such code described in this clause (b) being a “Virus”). Contractor further represents and warrants that it will use commercially reasonable efforts to avoid introducing any Virus into GTA’s systems.

Related to Virus and Disabling Code

  • Student Conduct and Discipline The School shall adopt, update, and adhere to written policies concerning standards of student conduct and discipline which shall comply with federal and State laws and which shall incorporate the requirements of Section

  • Use and Disclosure of Protected Health Information The Business Associate must not use or further disclose protected health information other than as permitted or required by the Contract or as required by law. The Business Associate must not use or further disclose protected health information in a manner that would violate the requirements of HIPAA Regulations.

  • Prohibited Uses and Disclosures BA shall not use or disclose PHI other than as permitted or required by the Contract and Addendum, or as required by law. BA shall not use or disclose Protected Information for fundraising or marketing purposes. BA shall not disclose Protected Information to a health plan for payment or health care operation purposes if the patient has requested this special restriction, and has paid out of pocket in full for the health care item or service to which the PHI solely relates [42 U.S.C. Section 17935(a) and 45 C.F.R. Section 164.522(a)(vi)]. BA shall not directly or indirectly receive remuneration in exchange for Protected Information, except with the prior written consent of CE and as permitted by the HITECH Act, 42 U.S.C. Section 17935(d)(2), and the HIPAA regulations, 45 C.F.R. Section 164.502(a)(5)(ii); however, this prohibition shall not affect payment by CE to BA for services provided pursuant to the Contract.

  • Business Continuity and Disaster Recovery Bank shall maintain and update from time to time business continuation and disaster recovery procedures with respect to its global custody business, which are designed, in the event of a significant business disruption affecting Bank, to be sufficient to enable Bank to resume and continue to perform its duties and obligations under this Agreement without undue delay or disruption. Bank shall test the operability of such procedures at least annually. Bank shall enter into and shall maintain in effect at all times during the term of this Agreement reasonable provision for (i) periodic back-up of the computer files and data with respect to Customer and (ii) use of alternative electronic data processing equipment to provide services under this Agreement. Upon reasonable request, Bank shall discuss with Customer any business continuation and disaster recovery procedures of Bank. Bank represents that its business continuation and disaster recovery procedures are appropriate for its business as a global custodian to investment companies registered under the 1940 Act.

  • DISCHARGE, SUSPENSION AND DISCIPLINE 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator. 10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available. 10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed: (a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee. (b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint. (c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments. (d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above. 10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given. 10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction. 10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested. 10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.