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t <br /> Software, Prewritten Software, Custom Software, Customization of Canned Software, <br /> Master Copies, Retained Rights. <br /> 1. "Prewritten software" or"canned software"means computer software, including <br /> prewritten upgrades,that is not designed and developed by the author or other creator to <br /> the specifications of a specific purchaser. The combining of two or more prewritten <br /> computer software programs or prewritten portions thereof does not cause the <br /> combination to be other than prewritten computer software. Prewritten computer software <br /> includes software designed and developed by the author or other creator to the <br /> specifications of a specific purchaser when it is sold to a person other than such <br /> purchaser. Where a person modifies or enhances computer software of which such person <br /> is not the author or creator,the person shall be deemed to be the author or creator only of <br /> the person's modifications or enhancements. Prewritten computer software or a <br /> prewritten portion thereof that is modified or enhanced to any degree, where such <br /> modification or enhancement is designed and developed to the specifications of a specific <br /> purchaser, remains prewritten computer software; however,where there is a reasonable, <br /> separately stated charge or an invoice or other statement of the price given to the <br /> purchaser for the modification or enhancement,the modification or enhancement shall <br /> not constitute prewritten computer software. <br /> 2. "Custom software" means software created for a single person. <br /> 3. "Customization of canned software"means any alteration, modification, or <br /> development of applications using or incorporating canned software to specific <br /> individualized requirements of a single person. Customization of canned software <br /> includes individualized configuration of software to work with other software and <br /> computer hardware but does not include routine installation. Customization of canned <br /> software does not change the underlying character or taxability of the original canned <br /> software. <br /> 4. "Master copies" of software means copies of software from which a software <br /> developer, author, inventor,publisher, licensor, sublicensor, or distributor makes copies <br /> for sale or license. The software encoded on a master copy and the media upon which the <br /> software resides are both ingredients of the master copy. <br /> 5. "Retained rights"means any and all rights, including intellectual property rights <br /> such as those rights arising from copyrights,patents, and trade secret laws,that are <br /> owned or are held under contract or license by a software developer, author, inventor, <br /> publisher, licensor, sublicensor, or distributor. <br /> 6. "Software"means any information,program, or routine, or any set of one or more <br /> programs,routines, or collections of information used, or intended for use,to convey <br /> information that causes one or more computers or pieces of computer-related peripheral <br /> equipment, or any combination thereof,to perform a task or set of tasks. "Software" <br /> includes the associated documentation, materials, or ingredients,regardless of the media <br /> upon which that documentation is provided,that describes the code and its use, operation, <br /> Page 11%of 56 <br />