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9 <br /> TERMS AND CONDITIONS <br /> NOW THEREFORE the parties agree as follows: <br /> 1. Definitions In this Agreement, unless the context requires otherwise, the capitalized words set <br /> out below shall have the following meanings: <br /> "Agreement" this software maintenance agreement effectively made as of the day of <br /> September,2003, between Trapeze and Licensee, setting out the terms and <br /> conditions by which Trapeze agrees to supply maintenance and support <br /> services to Licensee related to the use of the Software by Licensee,and the <br /> attached exhibits; <br /> "Confidential Information" all information obtained by the parties from each other under this <br /> Agreement, but does not include any information, which at the time of <br /> disclosure is generally known by the public. <br /> "License Agreement" the software license agreement effectively made as of the day of <br /> September, 2003, between Trapeze and Licensee, and the attached <br /> exhibits; <br /> "New Product" any update, new feature or major enhancement to the Software that <br /> Trapeze markets and licenses for additional fees separately from Upgrades; <br /> "Upgrades" generic enhancements to the Software that Trapeze generally makes <br /> available as part of its long term software support program. <br /> All other capitalized words or phrases in quotations marks as used in this Agreement shall have the <br /> same meaning as in the License Agreement. <br /> Everett/INFO/Maintenance Page 2 of 7 .� <br />