Common use of Security by Design Clause in Contracts

Security by Design. Seller represents and warrants a commercially reasonable program consistent with industry standards to ensure that all such Software and Firmware is free from material vulnerabilities (whether in proprietary software code or third party software code (including Open Source Software) will be established and maintained for any Software and Firmware, including when used in, or incorporated the Goods, or Software used in the installation, maintenance, configuration, or support of the Goods (“Security Protocol”). The Security Protocol will include a testing regime designed to model threats and detect security and design bugs, defects, and flaws through: (a) static code analysis; (b) penetration testing (ethical hacking);