Common use of No Surreptitious Code Warranty Clause in Contracts

No Surreptitious Code Warranty. The Contractor warrants that the Contractor will make all commercially reasonable efforts not to include any Unauthorized Code in the software provided hereunder. "Unauthorized Code" means any virus, Trojan horse, worm or other software routine or component designed to permit unauthorized access to disable, erase, or otherwise harm software, equipment, or data, or to perform any other such actions. Excluded from this prohibition are identified and [Agency Name] authorized features designed for purposes of maintenance or technical support. The Contractor further warrants that it has the right to provide and or license its product to the [Agency Name] and that it will operate in accordance with this Contract. In the event of a material failure of the Contractor’s product to function and operate, and/or failure by the Contractor to perform its obligations, in accordance with the terms and conditions of this Contract that results in the termination of this Contract for cause by the [Agency Name], the [Agency Name] will not be obligated to compensate the Contractor of any costs incurred by the Contractor. Extent of Warranty: THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE