Custom Software means Software identified as such in Appendix 4 of the Contract Agreement and such other Software as the parties may agree in writing to be Custom Software.

Licensed Software includes error corrections, upgrades, enhancements or new releases, and any deliverables due under a maintenance or service contract (e.g., patches, fixes, PTFs, programs, code or data conversion, or custom programming).

Computer Hardware and Software means all of each Loan Party’s and each of its Subsidiary’s rights (including rights as licensee and lessee) with respect to (a) computer and other electronic data processing hardware, including all integrated computer systems, central processing units, memory units, display terminals, printers, computer elements, card readers, tape drives, hard and soft disk drives, cables, electrical supply hardware, generators, power equalizers, accessories, peripheral devices and other related computer hardware; (b) all software and all software programs designed for use on the computers and electronic data processing hardware described in clause (a) above, including all operating system software, utilities and application programs in whatsoever form (source code and object code in magnetic tape, disk or hard copy format or any other listings whatsoever); (c) any firmware associated with any of the foregoing; and (d) any documentation for hardware, software and firmware described in clauses (a), (b) and (c) above, including flow charts, logic diagrams, manuals, specifications, training materials, charts and pseudo codes.

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Business Software means with respect to a Licensor, all Software to the extent Controlled by such Licensor or any of its Affiliates as of the Effective Date, which Software is reasonably required as of the Effective Date for the conduct of (i) the Agriculture Business if the Licensee is AgCo, including as listed on section (i) of Schedule Q, or (ii) the Materials Science Business if the Licensee is MatCo, including as listed on section (ii) of Schedule Q, in each case (in respect of the foregoing (i) and (ii)), only if and to the extent such Licensee and its Affiliates have not been granted a license or other rights to use such Software under the Separation Agreement or any other Ancillary Agreement. Notwithstanding the foregoing, Business Software expressly excludes any and all Excluded IP.

Third Party Software means software which is proprietary to any third party (other than an Affiliate of the Contractor) which is or will be used by the Contractor for the purposes of providing the Services.

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Font Software means the software provided by Branding with Type which, when used on an appropriate Device or Devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades, updates, related files, permitted copies, permitted conversions, and related documentation.

Client Software means software that allows a Device to access or utilize the services or functionality provided by the Server Software.

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When you leave DI Software and / or our sites and enter “Third-Party” sites or content, our terms and conditions no longer govern.

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Oracle Software means any software agent, application or tool that Oracle makes available to You for download specifically for purposes of facilitating Your access to, operation of, and/or use with, the Services.

Company Software means Software owned or purported to be owned by or developed by or for the Company or any Company Subsidiary.

Supported Software means the supported software identified in the Proposal. System means the designated information technology environment in which the Software is to be used. Term means the term of this Agreement specified in clause 2.

Public Software means any Software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (A) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (B) the Artistic License (e.g., PERL), (C) the Mozilla Public License, (D) the Netscape Public License, (E) the Sun Community Source License (SCSL), (F) the Sun Industry Standards License (SISL), (G) the BSD License, and (H) the Apache License.

Supplier Software means software which is proprietary to the Supplier or its Affiliates which is used or supplied by the Supplier in the provision of the Services; Supplier Staff means all persons employed or engaged by the Supplier together with the Supplier's servants, agents, suppliers, consultants and Sub-Contractors (and all persons employed by any Sub-Contractor together with the Sub-Contractor’s servants, consultants, agents, suppliers and Sub-Contractors) used in the performance of its obligations under this Contract; Time and Materials means the pricing mechanism for the Services as may be agreed by the Parties and set out at paragraph Error: Reference source not found in the SOW; TUPE means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) as amended or replaced or any other regulations or UK legislation implementing the Acquired Rights Directive; Velocity means the Metric which measures the total number of Story Points for Stories that have been accepted in a Sprint, indicating the rate of progress towards Acceptance of all Stories from the Product Backlog;

Except as noted in 6.1 to 6.4, DI Software, its websites and related Services are provided to you on an “as is” basis without warranties from the Company of any kind, either expressed or implied, including, but without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Customized Software or “Customization” means any Application Software code modified or amended on behalf of the Customer. Setting of parameters, parameterization or configuration is not a Customization.

SAP Software means: (i) any and all software products and Cloud Services licensed to Customer under the License Agreement as specified in software order forms or Cloud Service Order Forms (or other order forms, schedules or appendices as applicable) thereto; (ii) any new releases, updates or versions thereof made available through unrestricted shipment pursuant to the respective support agreement or warranty obligation and (iii) any complete or partial copies of any of the foregoing.

Developed Software means software specifically designed for the Principal under the Contract. Depending how advanced its development is, it may be either a Product or a Service or both.

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Software means computer programs, whether in source code or object code form (including any and all software implementation of algorithms, models and methodologies), databases and compilations (including any and all data and collections of data), and all documentation (including user manuals and training materials) related to the foregoing.

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Contractor Software means software which is proprietary to the Contractor, including software which is or will be used by the Contractor for the purposes of providing the Services.

System Software means Software that provides the operating and management instructions for the underlying hardware and other components, and is identified as such in Appendix 4 of the Contract Agreement and such other Software as the parties may agree in writing to be Systems Software. Such System Software includes, but is not restricted to, micro-code embedded in hardware (i.e., “firmware”), operating systems, communications, system and network management, and utility software.

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Service Software means any and all software applications and any third-party or other software, and all new versions, updates, revisions, improvements and modifications of the foregoing, that Contractor provides remote access to and use of as part of the Services.

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From time to time, the Company may present advertising and promotions from “Third-Parties” on its website or through DI Software or the Service.

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Hosted Software means the software owned and controlled by Vendor or Vendor’s third-party contractor that supports the Hosted Software Services.

The Customer acknowledges that operation of DI Software is dependent on “Third-Party” Software (including, but not constrained to, Internet Browsing Software such as Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, etc), and that the Company has no control over the standards and deployment of such Software, and that the Company shall not be liable for the performance of the Third Party Software or any affect it may have on the performance of the DI Software.

Owned Software means all computer, software or firmware programs, modules or libraries owned or purported to be owned by the Company or any of its Subsidiaries.

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The Customer acknowledges that due to the nature of the Internet, the provision of DI Software and other services may be disrupted due to problems such as, but not constrained to, power supply problems, telecoms issues, heavy demand, etc.

Whilst the Company attempts to make you access to and use of the site and DI Software safe, the Company does not represent or warrant that the site, DI Software or any content are free of viruses or harmful components.

Tyler Software means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Xxxxx. • “you” and similar terms mean Client.

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The Company and/or its employees shall not be liable for direct or consequential loss of profits, savings, revenue or contracts howsoever arising from acts omissions and/or negligence in the performance of the DI Software or Services.