Opening of Proposals - Utility Billing System - Advanced Utility Systems - Part 3

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(b) "Completion of Services" shall have the definition ascribed to it in the Software Implementation Services Agreement. (c) "Concurrent User License" means a license that restricts the total number of Users who can access the Software at any one time to the number detailed in Schedule "A". (d) "Confidential Informations" means, with respect to a party to this License Agreement, all information or material which: is (A) marked "Confidential," "Restricted," or "Proprietary Information" or other similar marking, (B) known by the parties to be considered confidential or proprietary, such as the Software, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment in the circumstances. Confidential Information does not include information to the extent that such information: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a receiving party hereunder; (ii) was previously known to the receiving party as evidenced by its written records; (iii) is rightly received by the receiving party from a third party who is not under an obligation of confidentiality; or (iv) is independently developed by the receiving party without reference to or use of the other party's Confidential Information. (e) "Designated Computer System" shall mean the Organization's platform and operating system environment which is operating the Software. (f) "Documentation" means user guides, operating manuals, educational materials, product descriptions and specifications, technical manuals, supporting materials, and other information regardless of the media on which it is provided. (g) "License" means the license granted to the Organization pursuant to Section 2.01 hereof and includes both a Concurrent User License and a Site License. (h) "License Agreement" means this Software License Agreement. (i) "Release" means an Update and an Upgrade. 0) "Required Programs" have the meaning set out in Section 3.03. (k) "Site License" means a license that restricts the Software such that it can reside in one production environment and unlimited non production environments. (1) "Software" means the software products that are listed in Schedule "A" and to which the License applies. (m) "Update" means a minor modification or enhancement to the Software related to a bug fix, or minor additional functionality. (n) "Upgrade" means a major overhaul of the Software which is a complete new version of the Software. -2-