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"Documentation" means any manuals, instructions or other documents or materials that EmNet
<br />provides or makes available to Customer in any form or medium and which describe the functionality,
<br />components, features or requirements of the EmNet Services or EmNet Materials, including any
<br />aspect of the installation, configuration, integration, operation, use, support or maintenance thereof.
<br />"Effective Date" has the meaning set forth in the preamble.
<br />"EmNet" has the meaning set forth in the preamble.
<br />"EmNet Disabling Device" means any software, hardware or other technology, device or means
<br />(including any back door, time bomb, time out, drop dead device, software routine or other disabling
<br />device) used by EmNet or its designee to disable Customer's or any Authorized User's access to or
<br />use of the EmNet Services automatically with the passage of time or under the positive control of
<br />EmNet or its designee.
<br />"EmNet Indemnitee" has the meaning set forth in Section 13.2.
<br />"EmNet Materials" means the Service Software, Specifications, Documentation and EmNet
<br />System and any and all other information, data, documents, materials, works and other content,
<br />devices, methods, processes, hardware, software and other technologies and inventions, including any
<br />deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or
<br />used by EmNet or any Subcontractor in connection with the EmNet Services or otherwise comprise
<br />or relate to the EmNet Services or EmNet System. For the avoidance of doubt, EmNet Materials
<br />include Resultant Data and any information, data or other content derived from EmNet's monitoring
<br />of Customer's access to or use of the EmNet Services, but do not include Customer Data.
<br />"EmNet Personnel" means all individuals involved in the performance of EmNet Services as
<br />employees, agents or independent contractors of EmNet or any Subcontractor.
<br />"EmNet Services" has the meaning set forth in Section 2.1.
<br />"EmNet System" means the information technology infrastructure used by or on behalf of EmNet
<br />in performing the EmNet Services, including all computers, software, hardware, databases, electronic
<br />systems (including database management systems) and networks, whether operated directly by
<br />EmNet or through the use of third -party services.
<br />"Fees" has the meaning set forth in Section 8.1.
<br />"Force Majeure Event" has the meaning set forth in Section 15.1.
<br />"Harmful Code" means any software, hardware or other technology, device or means, including
<br />any virus, worm, malware or other malicious computer code, the purpose or effect of which is to (a)
<br />permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in
<br />any manner any (i) computer, software, firmware, hardware, system or network or (ii) any application
<br />or function of any of the foregoing or the security, integrity, confidentiality or use of any data
<br />Processed thereby, or (b) prevent Customer or any Authorized User from accessing or using the
<br />EmNet Services or EmNet System as intended by this Agreement. Harmful Code does not include
<br />any EmNet Disabling Device.
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