Applicable Software. Is defined in paragraph 8.6(e). ------------------- 1.4 [*] _________________ *This provision is the subject of a Confidential Treatment Request. Terms-1 1.5 "Claim" is defined in paragraph 10.5(a). ----- 1.6 "Code Complete Software" shall mean software code that includes ---------------------- the specified and agreed-upon features and functions; those features and functions are as set forth in Schedule 1.2 of Exhibit A and on the
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Statement of Work, but may be changed upon mutual agreement in writing. 1.7 "Compaq Brand" shall mean the trademarks, trade names, logos and ------------ designs owned or licensed by Compaq and used to designate products and services that originate from Compaq. 1.8 "Compaq Development Items" are defined in paragraph 8.1. ------------------------ 1.9 "Compaq Product" shall mean the Compaq equipment described on -------------- Schedule 1.3 of Exhibit A, which Schedule may be revised upon both (a) mutual agreement of the parties and (b) at least 60 days notice by Compaq (unless the parties mutually agree to a different time period). 1.10 "Compaq Software" is defined in paragraph 8.4. --------------- 1.11 "Confidential Information" is defined in paragraph 9.1. ------------------------ 1.12 "Deployment" means setting an Intel Compatible Server to a known ---------- standard software configuration from an out-of-box state, and "redeployment" ------------ means setting an Intel Compatible Server to a known standard software configuration from any state. 1.13 "Disclosing Party" is defined in paragraph 9.1. ---------------- 1.14 "End User License Agreement" shall mean the terms and conditions -------------------------- governing the use of the Licensed Software provided by Altiris, which terms and conditions must be reasonable and similar to Altiris' standard terms and conditions for licensing its software, as such terms and conditions may be modified by Altiris from time to time consistent with the foregoing. 1.15 "Escrow Agent" is defined in paragraph 8.6(a). ------------ 1.16 "Excluded Source Code" is defined in paragraph 8.6(f). -------------------- 1.17 "Failure to Support" is defined in paragraph 6.7(a). ------------------ 1.18 "Gold Software" shall mean the final version of software to be ------------- sent to a CD duplicator for mastering. 1.19 "Initial Deposit" is defined in paragraph 8.6(a). --------------- 1.20 "including" shall mean including, without limitation. --------- 1.21 "Initial Term" is defined in paragraph 11.1. ------------ Terms-2 1.22 "Intel Compatible Server" shall mean a computer (1) with a main ----------------------- system microprocessor compatible with Intel's 80386 instruction set or successors thereto; (2) with an operating system generally accepted in the computer industry as an operating system designed for servers, such as, but not limited to: Microsoft Windows 2000, Windows 2002 (i.e., the server version of Windows XP), Microsoft Windows NT, IBM OS/2, Linux, FreeBSD, BSDI UNIX, UnixWare, Solaris, and other variants of UNIX; and (3) marketed as a server or server appliance (i.e., a preconfigured, low-cost, low-maintenance server). 1.23 [*] 1.24 "Intellectual Property Rights" shall mean, collectively, all ---------------------------- current and future worldwide patents, patent applications, trade secrets, copyrights, copyright registrations and applications therefore, moral rights, and all other intellectual property rights and proprietary rights (except trademarks, service marks and related rights), whether arising under the laws of the United States of America or any other state, country or jurisdiction. 1.25 "Internal Training Organization Agreement" is defined in ---------------------------------------- paragraph 5.2(a)(i). 1.26 "Joint Product" means the combination of the Bundled or ------------- Pre-installed Licensed Software and a Compaq Product. 1.27 "Level 1 Support", "Level 2 Support", and "Level 3 Support" are --------------------------------------------------------- defined in paragraphs 6.1(a), 6.1(b), and 6.1(c), respectively. 1.28 "Licensed Distributor" shall mean a third party contracted by -------------------- Compaq or its Affiliates to distribute Compaq Products, including at multiple levels, subject to the restrictions in Section 3.6(a). 1.29 "Licensed Software" shall mean [*] the Altiris eXpress ----------------- deployment server software, which consists of the software components listed on Schedule 1.2 of Exhibit A (as may be modified as set forth on Schedule 1.2), to the extent the foregoing are for deployment and redeployment of Compaq Products and products similar thereto, and any Updates/Maintenance Releases and New Releases to be provided under this Agreement. 1.30 "Licensee" is defined in paragraph 3.5(a). -------- 1.31 "Licensor" is defined in paragraph 3.5(a). -------- 1.32 "Licensor's Trademarks" is defined in paragraph 3.5(a). --------------------- 1.33 "New Releases" shall mean any release that includes any new ------------ enhancement, function or feature to the Licensed Software, in object code form, and which release is: (a) made commercially available by Altiris, either generally or to an Intel-compatible Server OEM, for _________________ *This provision is the subject of a Confidential Treatment Request. Terms-3 deployment or redeployment of Compaq Products or products similar thereto, (b) indicated by a change in the digit to the left of the first decimal point (i.e., a change from version x.x.x to y.x.x), or (c) described in the Statement of Work and required to be provided under this Agreement. 1.34 [*] 1.35 "Quick Silver [*]" shall mean the version of the Licensed ---------------- Software that is referred to on the Statement of Work as "Quick Silver [*]". 1.36 "Quick Silver [*]" shall mean the version of the Licensed ---------------- Software that is referred to on the Statement of Work as "Quick Silver [*]". 1.37 "Quick Silver [*]" shall mean the Licensed Software to be ---------------- integrated with Compaq's Insight Manager (web-based version). 1.38 "Receiving Party" is defined in paragraph 9.1. --------------- 1.39 "Return Date" is defined in paragraph 6.7(a). ----------- 1.40 "Training Documentation" shall mean materials and documentation ---------------------- as provided by Altiris hereunder written in U.S. English intended for individuals who will train other personnel on the features, use, operation, support and/or maintenance of the Licensed Software. 1.41 "Updates/Maintenance Releases" shall mean a release of the ---------------------------- Licensed Software containing error corrections or updates, in object code form, which is made commercially available by Altiris and indicated by a change in the digit to the right of the first decimal point (e.g., a change from version x.x.x to x.y.x or x.x.x to x.x.y) and any corrections and updates to the associated User Documentation. 1.42 "User Documentation" shall mean user manuals or other ------------------ documentation, as provided by Altiris hereunder, written in U.S. English intended for users of the applicable Licensed Software.
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