American Home Shield 2010 Annual Report Download - page 274

or hereafter in force and effect worldwide. For purposes of this definition, rights under patent law shall include rights under any and
all patent applications and patents (including letters patent and inventor's certificates) anywhere in the world, including any
provisionals, substitutions, extensions, supplementary patent certificates, reissues, renewals, divisions, continuations in part (or in
whole), continued prosecution applications, requests for continued examination, and other similar filings or stages thereof provided for
under the laws of the United States, or of any other country.
1.71 Key Personnel means those Service Provider employees set forth in "List of Key Personnel" Schedule to a Transaction
Document.
1.72 Key Service Provider Positions has the meaning set forth in Section 9.2(a)(i) of the Master Agreement.
1.73 Law means all applicable laws (including those arising under common law), statutes, codes, rules, regulations, reporting or
licensing requirements, ordinances and other pronouncement having the effect of law of the United States, any foreign country or any
domestic or foreign state, county, city or other political subdivision, including those promulgated, interpreted or enforced by any
governmental or regulatory authority, and any order of a court or governmental agency of competent jurisdiction.
1.74 Locations means the locations at and from which Service Provider will provide and perform the Services as set forth in the
"Locations" Schedule to a Transaction Document.
1.75 Losses means all judgments, settlements, awards, damages, losses, charges, liabilities, penalties, interest claims (including
taxes and all related interest and penalties incurred directly with respect thereto), however described or denominated, arising out of a
Claim against a Party or any person entitled to indemnity pursuant to Article 14 of this Agreement in each case that a court, arbitrator
or other tribunal finally awards to the party making the Claim or which are included in the amount of any settlement with such party
and consented to by the Party responsible for such settlement in accordance with Section 14.3, and all related reasonable costs,
expenses and other charges (including all reasonable attorneys' fees and reasonable costs of litigation, hearings, proceedings, internal
and external investigations, document and data productions and discovery, settlements, judgments, awards, interest and penalties),
however described or denominated.
1.76 Malware means computer software, code or instructions that: (a) has the principal function of adversely affect the operation,
security or integrity of a computing, telecommunications or other digital operating or processing system or environment, including
other programs, data, databases, computer libraries and computer and communications equipment, by altering, destroying, disrupting
or inhibiting such operation, security or integrity; (b) without functional purpose, self-replicate written manual intervention;
(c) purport to perform a useful function but which actually perform either a destructive or harmful function, or perform no useful
function and utilize substantial computer, telecommunications or memory resources; or (d) without authorization collect and/or
transmit to third parties any information or data; including such software, code or instructions commonly known as viruses, Trojans,
logic bombs, worms and spyware.
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