Exclusion for Software and Data-Related Losses
The following exclusion supersedes any policy provision to the contrary.
(1) Except as specifically provided for in 2. of this endorsement, the insurer will not pay for any Software Loss. This exclusion does not apply if the Software Loss results solely from direct physical loss of, or direct physical damage to, the equipment, hardware, medial or device on which the program, computer software or operating systems, programming instructions, or data are transported, software Loss means loss of or damage to any program (s), computer software or operating system(s), programming instruction(s) or data arising out of or resulting from any failure, malfunction, deficiency, deletion, fault, Virus, Deletion or corruption. Software loss includes, but is not limited to, loss or damage resulting from any authorized or unauthorized access in. of or to any computer, communication system. File server, networking equipment, computer system, computer hardware, data processing equipment, computer memory, microchip, microprocessor (computer chip), integrated circuit or similar device in computer equipment, any program, computer software or operating systems, programming instructions or data.
(2) This exclusion does not apply to direct physical loss or direct physical damage to tangible property that results from a Software Loss. For the purposes of this endorsement, program(s), computer software or operating system(s), programming instruction(s) and data are not tangible property.
(3) Virus means software, data or code that affects the operation or functionality of any computer, communication system, file server, networking equipment, computer system, computer hardware, data processing equipment, computer memory, microchip, microprocessor (computer chip), integrated circuit or similar device in computer equipment, program, computer software or operating systems, programming instructions or data including, but not limited to, any destructive program, computer code, computer virus, worm, logic bomb, denial of service attack, smurf attack, vandalism, Trojan Horse or any other data introduced into any electronic system causing deletion, destruction, degradation, corruption, malfunction or compromise to your data, software or electronic business systems.
