Common use of Malicious Code Clause in Contracts

Malicious Code. You understand and agree that you will be responsible for the introduction (by you, your employees, agents, or representatives) into the Services, whether intentional or unintentional, of (i) any virus or other code, program, or sub-program that damages or interferes with the operation of the computer system containing the code, program or sub-program, or halts, disables, or interferes with the operation of the Services themselves; or (ii) any device, method, or token whose knowing or intended purpose is to permit any person to circumvent the normal security of the Services or the system containing the software code for the Services; provided, however, that in no event shall you be liable for any consequential damages as a result of any loss that may result in connection with the provisions of this section (Malicious Code). You agree to take all necessary actions and precautions to prevent the introduction and proliferation of any Malicious Code into those systems that interact with the Services.

Appears in 18 contracts

Samples: Master Custodian Agreement (DWS Variable Series I), Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.), Custodian Agreement (DWS Investors Funds, Inc.)

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Malicious Code. You understand and agree that you we will not be responsible to you for the introduction (by you, your employees, agents, or representatives) representatives into the Services, whether intentional or unintentional, of (i) any virus or other code, program, or sub-program that damages or interferes with the operation of the computer system containing the code, program or sub-program, or halts, disables, or interferes with the operation of the Services themselves; or (ii) any device, method, or token whose knowing or intended purpose is to permit any person to circumvent the normal security of the Services or the system containing the software code for the Services; provided, however, that in no event shall you be liable for any consequential damages as a result of any loss that may result in connection with the provisions of this section Services (Malicious Code), provided in any case that we have taken commercially reasonable actions and precautions to protect the Services form the introduction of, and to minimize the damage caused by, the Malicious Code. You agree to take all necessary actions and precautions to prevent the introduction and proliferation of any Malicious Code into those systems that interact with the Services.

Appears in 1 contract

Samples: Custodian Agreement (Ameristock ETF Trust)

Malicious Code. You understand and agree that we will not be liable to you will be responsible for the introduction (by you, your employees, agents, or representatives) representatives into the Services, whether intentional or unintentional, of (i) any virus or other code, program, or sub-program that damages or interferes with the operation of the computer system containing the code, program or sub-program, or halts, disables, or interferes with the operation of the Services themselves; or (ii) any device, method, or token whose knowing or intended purpose is to permit any person to circumvent the normal security of the Services or the system containing the software code for the Services; provided, however, that in no event shall you be liable for any consequential damages as a result of any loss that may result in connection with the provisions of this section Services (Malicious Code), provided in any case that we have taken commercially reasonable actions and precautions to protect the Services from the introduction of, and minimize the damage caused by, the Malicious Code. You agree to take all necessary actions and precautions to prevent the introduction and proliferation of any Malicious Code into those systems that interact with the Services.

Appears in 1 contract

Samples: Custodian Agreement (Ameristock Mutual Fund Inc)

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Malicious Code. You understand and agree that you we will not be responsible to you for the introduction (by you, your employees, agents, or representatives) representatives into the Services, whether intentional or unintentional, of (i) any virus or other code, program, or sub-program that damages or interferes with the operation of the computer system containing the code, program or sub-programsubprogram, or halts, disables, or interferes with the operation of the Services themselves; or (ii) any device, method, or token whose knowing or intended purpose is to permit any person to circumvent the normal security of the Services or the system containing the software code for the Services; provided, however, that in no event shall you be liable for any consequential damages as a result of any loss that may result in connection with the provisions of this section Services (Malicious Code), provided in any case that we have taken commercially reasonable actions and precautions to protect the Services form the introduction of, and to minimize the damage caused by, the Malicious Code. You agree to take all necessary actions and precautions to prevent the introduction and proliferation of any Malicious Code into those systems that interact with the Services.

Appears in 1 contract

Samples: Custodian Agreement (Ameristock ETF Trust)

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