Common use of Backup Services Clause in Contracts

Backup Services. 3.1 At the Customer’s request, the Provider can provide Backup Software which will be installed on the Customer Systems to backup the Customer Data. This is an ‘opt-in’ service and is not mandatory. This Clause 3 shall not apply if the Customer declines the Backup Services. The Customer may ‘opt-in’ at any time during the Term of this Agreement by making a request in writing to the Provider, after which this Clause 3 will apply. 3.2 The Backup Software is governed by the same ▇▇▇▇ (End User License Agreement) as the software which has been purchased and/or licensed to the Customer. 3.3 The Customer hereby grants to the Provider a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of the Provider's obligations under this Clause 3 and the exercise of the Provider's rights under this Agreement. The Customer also grants to the Provider the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Provider's obligations under this Clause 3 and the exercise of the Provider's rights under this Agreement, subject always to any express restrictions elsewhere in this Agreement. 3.4 The Customer warrants to the Provider that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law. 3.5 Within the period of 1 Business Day following receipt of a written request from the Customer, the Provider shall use all reasonable endeavors to provide to the Customer the latest available backup copy of the Customer Data which is stored on the Backup Platform. 3.6 The parties acknowledge and agree that Schedule 1 (Backup Service Particulars) shall govern the frequency and scope of the Backup Services. 3.7 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Backup Software, either during or after the Term.