Common use of Virus and Disabling Code Clause in Contracts

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 service attacks. If a Virus is found to have been introduced to VITA’s Systems through the Supplier’s Systems, then the Supplier will, at no additional charge to VITA and in addition to any other remedies that may be available to VITA, assist in eradicating the Virus and reversing its adverse effects and, if the Virus causes a loss of VITA Data or operational efficiency, to assist VITA in mitigating and reversing such losses.

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 service attacks. If a Virus is found to have been introduced to VITA’s Systems through the Supplier’s Systems, then the Supplier will, at no additional charge to VITA and in addition to any other remedies that may be available to VITA, assist in eradicating the Virus and reversing its adverse effects and, if the Virus causes a loss of VITA Data or operational efficiency, to assist VITA in mitigating and reversing such losses.