Common use of Backup Data Clause in Contracts

Backup Data. a. The content of any Backup Data in any form provided to Arcserve for use with the Services is your responsibility and Arcserve does not control, verify, or endorse the content of such Backup Data. b. Customer hereby grants Arcserve a license to use, operate, copy, transmit, distribute, store and cache Backup Data solely to provide the Services to Customer. You represent and warrant that: (i) Customer has all necessary rights to grant the foregoing license to Backup Data and that Arcserve’s exercise of such rights shall not violate the rights of any third party or any applicable Laws; (ii) all Backup Data about individuals has been collected in accordance with Customer’s privacy guidelines and applicable Laws and that Customer’s privacy guidelines comply with all applicable Laws; and (iii) Customer has obtained all consents required by the applicable Laws to transfer all of the Backup Data to Arcserve for storage. Customer acknowledges that the Services include features and functionality that backs up, replicates, and/or transfers electronic data and that these processes require the copying of such data, which may include digital files, software programs, and other data that may be protected by third-party intellectual property rights, such as copyrights. The laws and regulations governing the use and copying of such data vary by jurisdiction. Customer understands and agrees that ▇▇▇▇▇▇▇▇ has no knowledge concerning the data contained in the Backup Data that is created, replicated, or transferred through use of the Services. Therefore, ▇▇▇▇▇▇▇▇ has no knowledge of the third-party intellectual property rights applicable to the data contained within the Backup Data. Customer also understands and agrees that this Agreement does not grant Customer authority or license to copy or transfer any data contained in the Backup Data created by Customer. Customer represents and warrants that its use of the Services does not violate applicable international, national, state, regional or local laws or regulations governing the backup, copying, or transfer of the data contained in Backup Data, and Customer further agrees to defend, indemnify, and hold Arcserve harmless against costs, expenses, and liabilities arising from any claim that its use of the Services to backup, copy, or transfer data violates third-party intellectual property rights. c. Notwithstanding any terms to the contrary in this Agreement, Arcserve may disclose Backup Data: (i) as required by any applicable Law; or (ii) in response to a subpoena or other compulsory legal process. d. If you are a Managed Service Provider or other business using the Services to view, access, manage, replicate, transfer, back up, or store Backup Data owned or controlled by End Users or other third parties, you represent and warrant that you have entered into a written agreement with such End User or third party which: (i) authorizes you to view, access, manage, replicate, transfer, back up, or store the Backup Data and other data through use of the Services as contemplated by this Agreement; (ii) is consistent with the requirements of this Agreement and all legal protections provided to Arcserve herein; and (iii) includes terms substantially identical to (and no less restrictive than) the Minimum Customer Terms. e. Notwithstanding any terms to the contrary in this Agreement, if ▇▇▇▇▇▇▇▇ receives a notice from Customer requesting the deletion of Backup Data during the Trial Term or the Standard Term, Arcserve will use commercially reasonable efforts to promptly delete such Backup Data.

Backup Data. a. The content of any Backup Data in any form provided to Arcserve for use with the Services is your responsibility and Arcserve does not control, verify, or endorse the content of such Backup Data. b. Customer hereby grants Arcserve a license to use, operate, copy, transmit, distribute, store and cache Backup Data solely to provide the Services to Customer. You represent and warrant that: (i) Customer has all necessary rights to grant the foregoing license to Backup Data and that Arcserve’s exercise of such rights shall not violate the rights of any third party or any applicable Laws; (ii) all Backup Data about individuals has been collected in accordance with Customer’s privacy guidelines and applicable Laws and that Customer’s privacy guidelines comply with all applicable Laws; and (iii) Customer has obtained all consents required by the applicable Laws to transfer all of the Backup Data to Arcserve for storage. Customer storage .Customer acknowledges that the Services include features and functionality that backs up, replicates, and/or transfers electronic data and that these processes require the copying of such data, which may include digital files, software programs, and other data that may be protected by third-party intellectual property rights, such as copyrights. The laws and regulations governing the use and copying of such data vary by jurisdiction. Customer understands and agrees that ▇▇▇▇▇▇▇▇ has no knowledge concerning the data contained in the Backup Data that is created, replicated, or transferred through use of the Services. Therefore, ▇▇▇▇▇▇▇▇ has no knowledge of the third-party intellectual property rights applicable to the data contained within the Backup Data. Customer also understands and agrees that this Agreement does not grant Customer authority or license to copy or transfer any data contained in the Backup Data created by Customer. Customer represents and warrants that its use of the Services does not violate applicable international, national, state, regional or local laws or regulations governing the backup, copying, or transfer of the data contained in Backup Data, and Customer further agrees to defend, indemnify, and hold Arcserve harmless against costs, expenses, and liabilities arising from any claim that its use of the Services to backup, copy, or transfer data violates third-party intellectual property rights. c. Notwithstanding any terms to the contrary in this Agreement, Arcserve may disclose Backup Data: (i) as required by any applicable Law; or (ii) in response to a subpoena or other compulsory legal process. d. If you are a Managed Service Provider or other business using the Services to view, access, manage, replicate, transfer, back up, or store Backup Data owned or controlled by End Users or other third parties, you represent and warrant that you have entered into a written agreement with such End User or third party which: (i) authorizes you to view, access, manage, replicate, transfer, back up, or store the Backup Data and other data through use of the Services as contemplated by this Agreement; (ii) is consistent with the requirements of this Agreement and all legal protections provided to Arcserve herein; and (iii) includes terms substantially identical to (and no less restrictive than) the Minimum Customer Terms. e. Notwithstanding any terms to the contrary in this Agreement, if ▇▇▇▇▇▇▇▇ receives a notice from Customer requesting the deletion of Backup Data during the Trial Term or the Standard Term, Arcserve will use commercially reasonable efforts to promptly delete such Backup Data.

Backup Data. a. The content of any Backup Data in any form provided to Arcserve for use with the Services is your responsibility and Arcserve does not control, verify, or endorse the content of such Backup Data. b. Customer hereby grants Arcserve a license to use, operate, copy, transmit, distribute, store and cache Backup Data solely to provide the Services to Customer. You represent and warrant that: (i) Customer has all necessary rights to grant the foregoing license to Backup Data and that Arcserve’s exercise of such rights shall not violate the rights of any third party or any applicable Laws; (ii) all Backup Data about individuals has been collected in accordance with Customer’s privacy guidelines and applicable Laws and that Customer’s privacy guidelines comply with all applicable Laws; and (iii) Customer has obtained all consents required by the applicable Laws to transfer all of the Backup Data to Arcserve for storage. Customer acknowledges that the Services include features and functionality that backs up, replicates, and/or transfers electronic data and that these processes require the copying of such data, which may include digital files, software programs, and other data that may be protected by third-party intellectual property rights, such as copyrights. The laws and regulations governing the use and copying of such data vary by jurisdiction. Customer understands and agrees that ▇▇▇▇▇▇▇▇ Arcserve has no knowledge concerning the data contained in the Backup Data that is created, replicated, or transferred through use of the Services. Therefore, ▇▇▇▇▇▇▇▇ Arcserve has no knowledge of the third-party intellectual property rights applicable to the data contained within the Backup Data. Customer also understands and agrees that this Agreement does not grant Customer authority or license to copy or transfer any data contained in the Backup Data created by Customer. Customer represents and warrants that its use of the Services does not violate applicable international, national, state, regional or local laws or regulations governing the backup, copying, or transfer of the data contained in Backup Data, and Customer further agrees to defend, indemnify, and hold Arcserve harmless against costs, expenses, and liabilities arising from any claim that its use of the Services to backup, copy, or transfer data violates third-party intellectual property rights. c. Notwithstanding any terms to the contrary in this Agreement, Arcserve may disclose Backup Data: (i) as required by any applicable Law; or (ii) in response to a subpoena or other compulsory legal process. d. If you are a Managed Service Provider or other business using the Services to view, access, manage, replicate, transfer, back up, or store Backup Data owned or controlled by End Users or other third parties, you represent and warrant that you have entered into a written agreement with such End User or third party which: (i) authorizes you to view, access, manage, replicate, transfer, back up, or store the Backup Data and other data through use of the Services as contemplated by this Agreement; (ii) is consistent with the requirements of this Agreement and all legal protections provided to Arcserve herein; and (iii) includes terms substantially identical to (and no less restrictive than) the Minimum Customer Terms. e. Notwithstanding any terms to the contrary in this Agreement, if ▇▇▇▇▇▇▇▇ Arcserve receives a notice from Customer requesting the deletion of Backup Data during the Trial Term or the Standard Term, Arcserve will use commercially reasonable efforts to promptly delete such Backup Data.