"A/V Compression Formats" for video decoding means:
WMV1: Windows Media Video 7-compatible,
WMV2: Windows Media Video 8-compatible,
WMV3: Windows Media Video 9,
WMVA: Windows Media Video Advanced Profile, non-VC-1,
WMVC1: Windows Media Video Advanced Profile, VC-1, and
H.264/MPEG-4 AVC,
and for audio decoding means:
WMA 7: Windows Media Audio 7-compatible,
WMA 8: Windows Media Audio 8-compatible,
WMA 9: Windows Media Audio 9,
MP3: Is capable of rendering mp3 content as follows:
Channel configurations: mono, stereo
Sampling frequencies: 8, 11.025, 12, 16, 22.05, 24, 32, 44.1, and 48 kHz
Bit rates: 8-320 kbps, variable bit rate, and
AAC.
"Conforming Host" means either a (a) web browser; or (b) minimal shell application (e.g., launcher), implemented by Novell as described in and only to the extent compliant with the Silverlight Specification, that hosts a Moonlight Implementation for purposes of allowing use of the Moonlight Implementation outside of a web browser. Without limitation of the foregoing, such a shell application is not a “Conforming Host” if it does not implement and comply with the specific requirements in the Silverlight Specification for (i) limiting the functionality of Moonlight Implementations within such Conforming Host in the same way that the Moonlight Implementations would be limited if they were hosted in a web browser (e.g. limiting the ability of such Moonlight Implementations to write to the file system of the Personal Computer), (ii) implementing in a sandboxed manner any functionality that is not generally available to plug-ins to web browsers but which the Silverlight Specification specifies should be offered for Party Implementations hosted outside a web browser, and (iii) turning off functionality that is specific to web browsers.
"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.
"Distributors" means resellers, recipients, and distributors to the extent they are authorized (directly or indirectly) by a Party or its Subsidiaries to resell, license, supply, distribute or otherwise make available Party 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).
"Effective Date" means November 30, 2009.
"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.
"Media Pack 3"
means modified Object Code versions of the Silverlight 3 audio and video decoders, where each version (a) interoperates with Moonlight 3, (b) supports the A/V Compression Formats, (c) bears a Microsoft brand, and (d) is restricted by license and technical means, as contemplated in the Agreement, to only work with Novell-Provided Copies of Moonlight 3 or 4.
"Media Pack 4"means modified Object Code versions of the Silverlight 4 audio and video decoders, where each version (a) interoperates with Moonlight 4, (b) supports the A/V Compression Formats, (c) supports such additional audio and video compression formats that Microsoft supports in Silverlight 4 if such additional formats may be ported and implemented by Microsoft in Media Pack 4 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, (d) bears a Microsoft brand, and (e) is restricted by license and technical means, as contemplated in the Agreement, to only work with Novell-Provided Copies of Moonlight 3 or 4.
"Moonlight 3" means only those portions of any Conforming Runtime developed by or on behalf of Novell for receiving and rendering, in a Conforming Host, media and interactive web-based applications (including only such infrastructure and source code libraries that are necessary to enable the foregoing portions of the Conforming Runtime, such as code from the Mono Project that is distributed with and installed as part of the Conforming Runtime) which (a) when used with Media Pack 3, comply with and implement the Silverlight Specification for Silverlight 3 and pass 90% (or such lesser amount as the Parties mutually agree) of the Moonlight 3 Test Suite; and (b) are solely for use on a Personal Computer running a Covered Operating System. Notwithstanding the above, Moonlight 3 does not include any codec or DRM functionality or the functionality of Media Pack 3 or Media Pack 4, or any application programming interfaces (APIs) other than those implemented and exposed by Silverlight 3 for use with other applications.
"Moonlight 4"
means only those portions of any Conforming Runtime developed by or on behalf of Novell for receiving and rendering, in a Conforming Host, media and interactive web-based applications (including only such infrastructure and source code libraries that are necessary to enable the foregoing portions of the Conforming Runtime, such as code from the Mono Project that is distributed with and installed as part of the Conforming Runtime) which (a) when used with Media Pack 4, comply with and implement the Silverlight Specification for Silverlight 4 and pass 90% (or such lesser amount as the Parties mutually agree) of the Moonlight 4 Test Suite; and (b) are solely for use on a Personal Computer running a Covered Operating System. Notwithstanding the above, Moonlight 4 does not include any codec or DRM functionality or the functionality of Media Pack 3 or Media Pack 4, or any application programming interfaces (APIs) other than those implemented and exposed by Silverlight 4 for use with other applications.
"Moonlight 3 Test Suite"means a suite of tests and corresponding test code to be provided by Microsoft to Novell under Section 2.2 below for testing the functionality of Novell’s Moonlight 3 candidates, including all updates thereto provided by Microsoft during the Term pursuant to Section 2.4.
"Moonlight 4 Test Suite" means a suite of tests and corresponding test code to be provided by Microsoft to Novell under Section 2.2 below for testing the functionality of Novell’s Moonlight 4 candidates, including all updates thereto provided by Microsoft during the Term pursuant to Section 2.4.
"Novell-Provided Copies"
means copies of Moonlight Implementations received by End Users (a) directly from Novell or (b) as part of a Novell Distribution and directly from those of Novell’s Distributors who are not principally in the business of distributing their own Distributor-branded Linux operating system.
"Novell Distribution"
means a solution that includes a Novell-branded Linux operating system (e.g., the SUSE Linux operating system).
"Object Code"
means machine-readable computer software code generated from Source Code by a compiler, interpreter, assembler, or similar technology..
"Personal Computer" means a general purpose computer (including a laptop, tablet PC, desktop or ultra mobile personal computer including netbooks) 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, personal media players (PMPs), or mobile telephones.
"Silverlight 3" means the commercial release version of Microsoft Silverlight 3.
"Silverlight 4" means the commercial release version of Microsoft Silverlight 4.
"Silverlight Specification" means the Microsoft specifications relevant to developing Moonlight 3 or Moonlight 4 (as the case may be) to be compatible with Silverlight 3 or Silverlight 4, respectively, and any updates thereto identified as such and delivered to Novell pursuant to the Agreement.
"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.
"Termination Date" means the effective date of expiration or termination of the Agreement.