"Intermediate Recipients" means resellers, recipients, and distributors to the extent they are authorized (directly or indirectly) by Novell or its Subsidiaries to resell, license, supply, distribute or otherwise make available Moonlight Implementations (whether the resale, licensing, supplying, making available, or distribution is on a stand-alone basis, or on an OEM basis as bundled with hardware or other software of the reseller or distributor, or otherwise, so long as it is not bundled with a Linux operating system other than Novell-branded operating system software), except for resellers, recipients, or distributors who are in the business of offering their own branded operating system software.

"Silverlight Specification" means a specification relevant to developing Moonlight 1.0 or Moonlight 2 (as the case may be) to be compatible with Silverlight 1.0 or Silverlight 2, respectively, and any updates thereto identified as such and delivered to Novell pursuant to the Agreement.

"Moonlight 1.0" means only those portions of any web browser software plug-in developed by or on behalf of Novell for receiving and rendering, in the web browser, media and interactive web-based applications (including only such infrastructure and source code libraries that are necessary to enable the foregoing portions of the web browser software plug-in) which (a) when used with Media Pack 1.0, comply with and implement the Silverlight Specification for Silverlight 1.0 and pass 90% (or such lesser amount as the Microsoft and Novell mutually agree) of the Moonlight 1.0 Test Suite; and (b) are solely for use on a Personal Computer running a Covered Operating System. Notwithstanding the above, Moonlight 1.0 does not include any codec or DRM functionality or the functionality of Media Pack 1.0 or Media Pack 2, or any application platform interfaces (APIs) other than those implemented and exposed by Silverlight 1.0 for use with other applications.

"Moonlight 1.0 Test Suite" means a suite of tests and corresponding test code to be provided by Microsoft Corporation to Novell, Inc. under the Agreement for testing the functionality of Novell, Inc.’s Moonlight 1.0 candidates, including all updates thereto provided by Microsoft Corporation during the Term pursuant to the Agreement.

"Media Pack 1.0" means modified Object Code versions of the Silverlight 1.0 audio and video decoders (two versions of which support x86 and x64 microprocessor architectures, respectively, on a Personal Computer) provided by Microsoft Corporation, where each version (a) interoperates with Moonlight 1.0, (b) supports the A/V Compression Formats, and (c) bears a Microsoft brand.

"Object Code" means machine-readable computer software code generated from Source Code by a compiler, interpreter, assembler, or similar technology.  

"Source Code" means computer software program instructions that must be translated by a compiler, interpreter, or assembler into Object Code before execution, and any accompanying documentation.  

"Moonlight 2" means only those portions of any web browser software plug-in developed by or on behalf of Novell for receiving and rendering, in the web browser, media and interactive web-based applications (including only such infrastructure and source code libraries that are necessary to enable the foregoing portions of the web browser software plug-in) which (a) when used with Media Pack 2, comply with and implement the Silverlight Specification for Silverlight 2 and pass 90% (or such lesser amount as Novell and Microsoft mutually agree) of the Moonlight 2 Test Suite; and (b) are solely for use on a Personal Computer running a Covered Operating System. Notwithstanding the above, Moonlight 2 does not include any codec or DRM functionality or the functionality of Media Pack 1.0 or Media Pack 2, or any application platform interfaces (APIs) other than those implemented and exposed by Silverlight 2 for use with other applications.

"Moonlight 2 Test Suite" means a suite of tests and corresponding test code to be provided by Microsoft Corporation to Novell, Inc. under the Agreement for testing the functionality of Novell, Inc.’s Moonlight 2 candidates, including all updates thereto provided by Microsoft Corporation during the Term pursuant to the Agreement.

"A/V Compression Formats"means: (i) Windows Media Video 7-compatible (WMV1); (ii) Windows Media Video 8-compatible (WMV2); (iii) Windows Media Video 9 (WMV3); (iv) Windows Media Video Advanced Profile, non-VC-1 (WMVA); (v) Windows Media Video Advanced Profile, VC-1 (WMVC1); (vi) Windows Media Audio 7-compatible (WMA7); (vii) Windows Media Audio 8-compatible (WMA8); (viii) Windows Media Audio 9 (WMA9); and (ix) MP3, capable of rendering MP3 content with mono and stereo channel configurations, sampling frequencies of 8, 11.025, 12, 16, 22.05, 24, 32, 44.1, and 48 kHz, and a variable bit rate of 8-320 kbps.

"Covered Operating System" means any operating system software for Personal Computers other than current or future versions of Microsoft Windows and Apple Macintosh operating systems.

"Media Pack 2" means modified Object Code versions of the Silverlight 2 audio and video decoders (two versions of which support x86 and x64 microprocessor architectures, respectively, on a Personal Computer) provided by Microsoft, where each version (a) interoperates with Moonlight 2, (b) supports the audio and video compression formats identified in Exhibit A, (c) supports such additional audio and video compression formats that Microsoft supports in Silverlight 2 if such additional formats may be ported and implemented by Microsoft in Media Pack 2 without (in Microsoft’s good faith judgment) the incurrence of royalties or other more than de minimus additional liability or obligation by Microsoft in favor of any third party, and (d) bears a Microsoft brand.

"Personal Computer" means a general purpose computer (including a laptop, tablet PC, desktop or ultra mobile personal computer) that is (i) designed and marketed for operating a wide variety of productivity, entertainment and/or other software applications from unrelated third parties; and (ii) runs a general purpose consumer operating system (such as Microsoft Windows XP or Microsoft Windows Vista, Apple Macintosh OS X, SUSE Linux, Solaris, OpenBSD, FreeBSD etc.). Personal Computers do not include personal digital assistants (PDAs), Pocket PCs, or mobile telephones.  Personal Computers do not include personal digital assistants (PDAs), Pocket PCs, or mobile telephones.

 "GPLv3 or a Similar License" means the GNU General Public License version 3, the GNU Affero General Public License version 3, the GNU Lesser General Public License version 3, any equivalents to the foregoing, or any other license or contract that includes terms similar to the terms in paragraphs 6 or 7 of Section 11 of the GNU General Public License version 3.

"Effective Date" means September 4, 2007

"Termination Date" means the effective date of expiration or termination of the Agreement

 "Silverlight 1.0" means the commercial release version of Microsoft Silverlight 1.0.

"Silverlight 2" means the commercial release version of Microsoft Silverlight 2.