“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 1.1 (as the case
may be) to be compatible
with Silverlight 1.0 or Silverlight 1.1, 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 1.1, 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 two
modified Object Code versions of the Silverlight 1.0 audio and video decoders that
support x86 and x64 microprocessor architectures, respectively, on a Personal Computer,
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 1.1” 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 1.1, comply with and implement the Silverlight Specification for
Silverlight 1.1 and pass 90% (or such lesser amount as Novell and Microsoft mutually agree)
of the Moonlight 1.1 Test Suite; and (b) are solely for use on a Personal Computer
running a Covered Operating System.
Notwithstanding the above, Moonlight 1.1 does not include any codec or DRM functionality
or the functionality of Media Pack 1.0 or Media Pack 1.1, or any application platform
interfaces (APIs) other than those implemented and exposed by Silverlight 1.1 for
use with other applications.
“Moonlight 1.1 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 1.1 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 1.1”
means two modified Object Code versions of the Silverlight 1.1 audio and video decoders
that support x86 and x64 microprocessor architectures, respectively, on a Personal
Computer, where each version (a) interoperates with Moonlight 1.1, (b) supports
the A/V Compression Formats, (c) supports such additional audio and video compression
formats that Microsoft Corporation supports in Silverlight 1.1 if the additional
formats may be ported and implemented by Microsoft Corporation in Media Pack 1.1
without (in Microsoft Corporation’s good faith judgment) the incurrence of royalties
or other more than de minimus additional liability or obligation by Microsoft Corporation
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, etc.).
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 theAgreement
“Silverlight 1.0”
means the commercial release version of Microsoft Silverlight 1.0.
“Silverlight 1.1” means the commercial release version
of Microsoft Silverlight 1.1.