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GENERAL TERMS
<br />GENERAL TERMS: TERMS APPLICABLE TO ALL
<br />PRODUCTS AND SERVICES
<br />1. INTERPRETATION
<br />1.1 Definitions. For the purposes of interpreting this
<br />Agreement, the following terms will have the following
<br />meanings:
<br />(a) "Agreement" means this Products and Services
<br />Agreement, inclusive of all Schedules.
<br />(b) "Concurrent Use" means use at the same moment in time
<br />to access a given server computer (of any kind) owned or
<br />controlled by Customer.
<br />(c) "Customer" means the legal entity other than TAN
<br />entering this Agreement.
<br />(d) "Database Server" means the single server computer upon
<br />which the Enterprise Database is resident.
<br />(e) "Enterprise Database" means the MSDE, MS SQL
<br />Server, or thacle database files containing customer data and
<br />that are accessed by the Licensed Software.
<br />(U "Hosted Software" means computer code and programs,
<br />in executable code form only, including related data files, rules,
<br />parameters and documentation, which have been created or
<br />licensed by TAN and are identified in the Pricing Form as
<br />licensed (or sublicensed) to Customer by TAN in connection
<br />with this Agreement, and which reside on TAN's servers and are
<br />accessible by Customer's staff or Users via the [nteroet.
<br />(g) "Internet Client" means a remote device capable of using
<br />the Internet to access selected Licensed Software on the Internet
<br />Server or the Enterprise Database on the Database Server via the
<br />Internet Server.
<br />(h) "Internet Server" means a single server computer used by
<br />Customer which enables access to the Licensed Software by
<br />individuals using an Intranet or the Intemet, having a minimum
<br />configuretion as set out in hardware specifications previously
<br />described to Customer as applicable to the Licensed Software to
<br />be installed and used upon it.
<br />(p "IVR Server" means a single server computer used by
<br />Customer for voice-recognition and telephone-based, rather than
<br />computer-based, access to the Enterprise Database by
<br />Customer's clients, having a minimum configuration as set out in
<br />hardware specifications previously described to Customer as
<br />applicable to the Licensed Software to be installed and used
<br />upon it.
<br />(1) "Licensed Software" means computer code and programs,
<br />in executable code form only, including related data files, rules,
<br />parameters and documentation, which have been created or
<br />licensed by TAN and are identified in the Pricing Forth as
<br />licensed (or sublicensed) to Customer by TAN in connection
<br />with this Agreement, and/or which are in the future provided to
<br />Customer by TAN under any circumstances unless provided
<br />under a separate licensing agreement.
<br />EXHIBIT B
<br />(k) "Maintenance" means the provision of error investigation
<br />and repay services as set out in section 22.1 and the provision of
<br />new Versions and Releases in respect of the Licensed Software
<br />all as more particularly set out in the Support and Maintenance
<br />Handbook.
<br />(I) "Module" means a single module element of Licensed
<br />Software listed in the Pricing Form.
<br />(m) "Online Services" means services, such as Internet
<br />registration, that are enabled by Hosted Software and available to
<br />the public via the Internet.
<br />(n) "Other Services" means Services other than Pre-Agreed
<br />Services acquired by Customer under this Agreement.
<br />(o) "Payment Server" means a single server computer used by
<br />Customer to process electronic payments from its clients, having
<br />a minimum configuration as set out in hardware specifications
<br />previously described to Customer as applicable to the Licensed
<br />Software to be installed and used upon it.
<br />(p) "Pre-Agreed Services" means Services which are
<br />expressly listed in the Pricing Form as being acquired hereunder
<br />by Customer.
<br />(q) "Pricing Form" means the itemized pricing form attached
<br />to the Agreement listing the products and services provided by
<br />TAN to the Customer under [his Agreement
<br />(r) "Products" means all Licensed Software, Hosted Software,
<br />Thvd Party products, and other products (including
<br />documentation) provided to Customer by or on behalf of TAN.
<br />(s) "Professional Services" means any and all types of
<br />services which TAN provides, to Customer and/or to other
<br />customers of TAN, in dre course of TAN's business, including
<br />but not limited to services relating to the installation,
<br />implementation, optimization, administration, training and
<br />troubleshooting of computers, computer software including the
<br />Licensed Software, computer networks, databases, interoet-
<br />related equipment and applications, but expressly excludes
<br />Support and Maintenance.
<br />(t) "Related Third Party Documentation" means any end
<br />specifications, manuals, instructions, and other materials, and
<br />any copies of any ofthe foregoing, in any medium, related to the
<br />Third Party Products and supplied by TAN to Customer with the
<br />Third Patty Products.
<br />(u) "Release" means any release, update, patch, set of
<br />revisions, or bug/permanent fix or temporary bypass solution
<br />released by TAN to its customers generally during the term of
<br />this Agreement, which provides enhancements and/or error
<br />comctrons to the then-current Version or Release, and where a
<br />new Version has been released and no new Release has been
<br />released since the release of that Version, that Version will also
<br />constitute a Release for the purpose of determining whether
<br />Support or Maintenance is available with respect to that Version.
<br />New Releases will be denoted by an increase to the version
<br />number to the right of the decimal point such as from
<br />Release 1.1 to Release 1.2.
<br />7
<br />lolrlNyfy LldNlna, ayrYkM ~M 3d Mrly iroduM Ayr. (r. Mir. 11, 2yya)
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