“Clone Product” means a product (or major component thereof) of Linspire that has the same or substantially the same features and functionality as a then-existing product (or major component thereof) of Microsoft (“Prior Product”) and that (a) has the same or substantially the same user interface, or (b) implements all or substantially all of the Application Programming Interfaces of the Prior Product. Except for Wine, OpenXchange, StarOffice, CrossOver Office and Mono, the Parties agree that the versions of Client Offerings sold, licensed, supplied, distributed or otherwise made available by Linspire before the Effective Date (“Existing Products”) will not be deemed to be Clone Products.
“Distributors” means resellers and distributors to the extent they are authorized by Linspire (directly or indirectly) to resell, license, supply, distribute or otherwise make available Covered Products.
“Effective Date” means May 24, 2007.
“Foundry Product” means a product which is either (a) designed by a third party (or designed for a third party other than by Linspire) without substantial input from Linspire and made, reproduced, sold, licensed, or otherwise transferred by Linspire, on essentially an exclusive basis, (i) to that third party, or (ii) to that third party’s customers, or (iii) as directed by that third party; or (b) made, reproduced, sold, licensed or otherwise transferred through or by Linspire for the primary purpose of attempting to make such product subject to the covenants under the Covered Patents of Microsoft so that a third party’s customers can receive the benefit of such covenants.
“GPLv3 Software” means those portions of software products of Linspire, if any, that are distributed by Linspire under Version 3 or later of the GNU General Public License (http://www.gnu.org/copyleft/gpl.html).
“Other Excluded Products” means (a) any applications (e.g. office productivity applications, word processing, spreadsheets, presentation software) to the extent they are hosted by or running on a computer acting as a server for a connected client device, (b) any software embedded in, or otherwise running on, any servers or other devices (printers, cameras, game consoles, set-top boxes, phones, handheld devices, TVs, etc.) other than personal computers, laptops or workstation computers, and (c) new features and functions in the following categories of products: (i) video game consoles (e.g., Xbox video game consoles), console games, video game applications designed to run on a computer, and on-line video gaming services (e.g., Xbox live); (ii) business applications designed, marketed and used to meet the data processing requirements of particular business functions, such as but not limited to accounting, payroll, human resources, project management, personnel performance management, sales management, financial forecasting, financial reporting, customer relationship management, and supply chain management; and (iii) unified communications.
“Patents” means any and all utility patents, utility models, patent registrations, and equivalent rights (including, without limitation, originals, divisionals, provisionals, results of reexamination, continuations, continuations-in-part, extensions or reissues), and utility patent applications for the foregoing, in all countries of the world, and any other procedure or formality with respect to the aforesaid that can result in an enforceable patent right anywhere worldwide. Patents do not include design patents, design registrations, copyrights or trade dress rights.
“Revenue” means any consideration to Linspire that is reasonably attributable to Client Offerings. Revenue includes without limitation consideration for any (i) sale, license or other provision of Client Offerings, (ii) warranties, indemnification or updates for Client Offerings, (iii) maintenance, upgrades, upgrade protection, service, premium service packages, subscription, consulting, installation and support contracts for Client Offerings, and (iv) user or device access rights for Client Offerings.