DELIVERED BY PROVIDER
PURSUANT TO ITS PERFORMANCE OF THE SERVICES.
IF THE ERROR DID NOT RESULT FROM
ERRONEOUS INFORMATION RECEIVED FROM IDEARC, SUCH ERRORS SHALL BE CORRECTED AT NO
CHARGE TO IDEARC.
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(E)
SOFTWARE WARRANTIES.
(I)
PROVIDER WARRANTS THAT ANY PROVIDER
MATERIALS THAT ARE SOFTWARE SHALL PERFORM IN CONFORMANCE WITH ITS SPECIFICATIONS
AND WILL PROVIDE THE FUNCTIONS AND FEATURES AND OPERATE IN THE MANNER DESCRIBED
THEREIN.
IF PROVIDER MATERIALS THAT ARE SOFTWARE DO NOT CONFORM TO SUCH
SPECIFICATIONS, PROVIDER SHALL PROMPTLY REPAIR OR REPLACE SUCH SOFTWARE WITH
CONFORMING SOFTWARE.
(II)
PROVIDER WARRANTS THAT IT IS THE OWNER OF,
OR IS AUTHORIZED TO USE FOR THE PURPOSE OF PROVIDING THE SERVICES, ALL PROVIDER
MATERIALS AND PROVIDER THIRD-PARTY MATERIALS USED IN CONNECTION WITH THE
SERVICES.
(F)
NON-INFRINGEMENT.
PROVIDER SHALL PROVIDE
THE SERVICES IN A MANNER THAT DOES NOT INFRINGE OR MISAPPROPRIATE ANY PATENT,
COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY
THIRD PARTY; PROVIDED, HOWEVER, THAT SUCH WARRANTY WILL NOT APPLY TO THE EXTENT
THE INFRINGEMENT CLAIM ARISES FROM PROVIDER'S ACCESS OR USE OF ANY IDEARC
MATERIALS OR SUBSEQUENT MODIFICATION OR MISUSE OF THE SERVICES AFTER THEIR
DELIVERY BY THE PROVIDER.
11.4.
MALICIOUS CODE; DISABLING CODE; SPAM.
(A)
PROVIDER SHALL USE STANDARDS AND
TECHNOLOGIES GENERALLY FOLLOWED BY THE PEER GROUP FOR SERVICES SIMILAR TO THE
SERVICES TO PREVENT THE INTRODUCTION AND PROLIFERATION OF MALICIOUS CODE INTO
IDEARC'S ENVIRONMENT OR SYSTEMS AS A RESULT OF SERVICES PROVIDED BY PROVIDER.
IF MALICIOUS CODE IS FOUND TO HAVE BEEN INTRODUCED BY PROVIDER INTO THE
EQUIPMENT, SOFTWARE OR SYSTEMS USED BY PROVIDER TO PROVIDE THE SERVICES, AT NO
ADDITIONAL CHARGE TO IDEARC, PROVIDER SHALL USE COMMERCIALLY REASONABLE EFFORTS
TO ELIMINATE THE MALICIOUS CODE AND MINIMIZE, TO THE EXTENT PRACTICABLE, THE
EFFECTS OF SUCH MALICIOUS CODE AND, IF THE MALICIOUS CODE CAUSES A LOSS OF
OPERATIONAL EFFICIENCY OR LOSS OF DATA, TO ASSIST IDEARC TO THE SAME EXTENT TO
MITIGATE SUCH LOSSES AND RESTORE SUCH DATA WITH GENERALLY ACCEPTED DATA
RESTORATION TECHNIQUES.
(B)
WITHOUT THE PRIOR CONSENT OF IDEARC,
PROVIDER SHALL NOT INSERT INTO THE SOFTWARE ANY CODE THAT COULD BE INVOKED TO
DISABLE OR OTHERWISE SHUT DOWN ALL OR ANY PORTION OF THE SERVICES; PROVIDED,
HOWEVER, THAT THE FOREGOING SHALL NOT APPLY WITH RESPECT TO ANY PROGRAMMING
CODE, PROGRAMMING INSTRUCTIONS OR SET OF INSTRUCTIONS THAT IS (I) INCORPORATED
FOR PURPOSES OF APPLYING A SOFTWARE PATCH OR (II) TO THE EXTENT IDENTIFIED TO
IDEARC PRIOR TO INSTALLATION, DISTRIBUTED AS PART OF SOFTWARE TO ENSURE THAT THE
LICENSEE USES THE PRODUCT IN ACCORDANCE WITH THE LICENSING AGREEMENT.
SUBJECT
TO THE PRECEDING SENTENCE, WITH RESPECT TO ANY DISABLING CODE THAT MAY BE PART
OF THE SOFTWARE, PROVIDER SHALL NOT INVOKE OR CAUSE TO BE INVOKED SUCH DISABLING
CODE AT ANY TIME, INCLUDING UPON EXPIRATION OR TERMINATION OF THE AGREEMENT FOR
ANY REASON.
PROVIDER SHALL NOT USE ON IDEARC SYSTEMS ANY THIRD-PARTY SOFTWARE
KNOWN TO CONTAIN DISABLING CODE WITHOUT THE PRIOR APPROVAL OF IDEARC.
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11.5.
Pass-Through Warranties; Third-Party Software.
With respect to all