Mondelez 2012 Annual Report Download - page 316

“ Level 2 Support ” shall mean support that serves as a consolidation point for inquiries and problems between Level 1 Support and Level 3
Support. For example, Level 2 Support might exist in a computer operations or a distribution/mail out center. If Level 2 Support personnel
cannot resolve the inquiry or problem, the inquiry or problem will be directed to the appropriate Level 3 Support personnel or third party for
resolution.
“ Level 3 Support ” shall mean support provided by the personnel or third party that is most knowledgeable about the underlying problem or
question and is utilized when efforts to resolve the problem or question by Level 1 Support and Level 2 Support have failed or are bypassed due
to the technical difficulty of the problem or question. Inquiries or problems for Level 3 Support generally will be reported by Level 1 Support or
Level 2 Support personnel, but may be also initiated directly by Authorized Users or Supplier.
“ Limited Warranty Statement “
shall mean Supplier limited warranty statements for HP EUC Devices contained in the applicable Supplement.
“ Litigation Data ” shall have the meaning given in Section 13.6.3.1 .
“ Litigation Requirements Notice ” shall have the meaning given in Section 13.6.3.1 .
“ Litigation Response Plan ” shall have the meaning given in Section 13.6.2 .
“ Losses ” shall mean all losses, liabilities, damages (including punitive and exemplary damages), fines, penalties, interest and claims (including
taxes), and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, experts,
settlement, judgment, interest and penalties).
“ Mainframe ” shall mean a Server that utilizes the VM, Z/OS, OS 390, or TPF operating software.
“ Maintenance Downtime ” shall mean the period of time that a particular System, Application, Software, Equipment, Network, or any other
part of the Services is not available during the Measurement Windows that have been approved (i) in writing by the Kraft Contract Manager or a
designee thereof or (ii) pursuant to the applicable Supplement.
“ Major Release ” shall mean a new version of Software that includes changes to the architecture and/or adds new features and functionality in
addition to the original functional characteristics of the preceding Software release. These releases are usually identified by full integer changes
in the numbering, such as from “ 7.0 ” to “ 8.0 ,” but may be identified by the industry as a major release without the accompanying integer
change.
“ Malicious Code ” shall mean (i) any code, program, or sub-program whose knowing or intended purpose is to damage or interfere with the
operation of the computer system containing the code, program or sub-
program, or to halt, disable or interfere with the operation of the Software,
code, program, or sub-program, itself; (ii) any device, method, or token that permits any person to circumvent the normal security of the
Software or the system containing the code; or (iii) any adware, spyware, Internet bots, malware, bugs, web bugs or other surreptitious code.
“ MAN or Metropolitan Area Network ” shall mean a high-speed Network consisting of MAN Equipment, Software, Transport Systems, and
Interconnect Devices that are used to create, connect and transmit data, voice and video signals between locations within a metropolitan region
or area. MANs cover an area larger than a LAN but smaller than WANs. MAN services are typically provisioned by a third-party.
CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS
THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE
VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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