“BRIC Client Offerings” means Client Offerings Distributed in Brazil, Russia, India or China by Xandros or its Subsidiaries.
“BRIC Server Offerings” means Server Offerings Distributed in Brazil, Russia , India or China by Xandros or its Subsidiaries.
“Clone Product” means a product (or major component thereof) of Xandros 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. Those portions of a product that are otherwise licensed to Xandros from Microsoft shall not be considered in determining whether the product is a Clone Product. Except for Wine, OpenXchange, StarOffice, OpenOffice, CrossOver Office and Mono, the Parties agree that versions of products sold, licensed, supplied, distributed or otherwise made available by Xandros for Revenue 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 Xandros (directly or indirectly) to resell, license, supply, distribute or otherwise make available Covered Products of Xandros.
“Effective Date” means March 27, 2007.
“Extendible Third Party Patents” means any Patent entitled, in whole or in part, to an effective filing date on or before March 27, 2012, which is not owned or controlled by Microsoft or any of its Subsidiaries but under which Microsoft or any of its Subsidiaries now has or hereafter obtains the ability or right to grant a covenant not to sue or other freedom from suit to customers of Xandros, where the grant of the covenant or other freedom from suit to the customers of Xandros is contingent on the payment of consideration to a third party which (a) is not a Subsidiary of Microsoft or (b) at the time an invention claimed by the Patent was conceived, was not a Subsidiary of Microsoft or an employee or contractor of Microsoft or a Subsidiary of Microsoft.
“Foundry Product” means a product which is either (a) designed by a third party (or designed for a third party other than by Xandros) without substantial input from Xandros and made, reproduced, sold, licensed, or otherwise transferred by Xandros, 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 Xandros 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.
“Free Downloads” means specific copies of Client Offerings and Server Offerings that are downloaded for free from a publicly available website of Xandros. Free Downloads do not include any copies of Client Offerings or Server Offerings for which Xandros receives any revenue or other consideration.
“Mainframes” means high performance computers, such as the IBM’s zSeries and System z high performance computers, any equivalent offerings and any offerings marketed as “mainframes.”
“Other Excluded Products” means (a) office productivity applications (word processing, spreadsheets, presentation software, etc.) of Xandros that are hosted by or running on a computer acting as a server for a connected client device, (b) any software embedded or otherwise running in any devices (printers, cameras, game consoles, set-top boxes, phones, handheld devices, TVs, etc.) other than personal computers, workstation computers, or server computers (not including Mainframes), (c) any protocol functionality to the extent such functionality is licensed to Xandros [REDACTED], and (d) 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 accounting, payroll, human resources, project management, personnel performance management, sales management, financial forecasting, financial reporting, customer relationship management, and supply chain management; (iii) email servers (including mail transfer agents); and (iv) unified communications.
“Patents” means any and all utility patents, utility models, utility 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 utility patent right anywhere worldwide. Patents do not include design patents, design registrations, or trade dress rights.