American Home Shield 2010 Annual Report Download - page 275

1.77 Master Agreement means the First Amended and Restated Master Services Agreement by and between the Parties dated
November 1, 2010, and the attached Exhibits.
1.78 Materials means computer programs, computer program listings, computer program tools, or computer program
documentation, reports and drawings, as well as user manuals, charts, graphs and other written documentation and machine-readable
text and files, including, computer programming code (including source code and object code) and all other works of authorship.
1.79 New Services means the functions, responsibilities, activities, tasks and projects outside the scope of the Services that
Service Provider may provide to Customer on terms to be agreed upon pursuant to Section 3.7 of the Master Agreement and set forth
in a Change Order.
1.80 [***]
1.81 Open Source Software means software that (a) requires a licensor to cause source code to be distributed with the software or
made available to any Third Party when the software is distributed or otherwise provided in any fashion to a third party; (b) restricts or
impairs in any way Customer's ability to license the software pursuant to terms of Customer's choosing; (c) impacts in any fashion or
limit Customer's ability to enforce its patent or other intellectual property rights against any Third Party in any manner; or
(d) Customer's rights to will be terminated or affected in any manner if Customer asserts any of its intellectual property rights against
any Third Party in connection with such software or otherwise. Without limitation of the foregoing, Open Source Software shall
include software subject to any version of the General Public License or the Lesser General Public License, or any license which has
been certified as an "open source" license by the Open Source Initiative.
1.82 Operational Audits has the meaning set forth in Section 9.7(b) of the Master Agreement.
1.83 Operational Change Control has the meaning set forth in Section 9.6 of the Master Agreement.
1.84 Original Agreement means the Master Services Agreement and the related Transaction Document No. 1, both dated as of
December 11, 2008, by and between Customer and Service Provider.
1.85 Original Effective Date means the December 11, 2008, the Effective Date under the Original Agreement.
1.86 Party or Parties means Customer and/or Service Provider, as Parties to the Master Agreement.
1.87 Pass-Through Charges has the meaning set forth in the "Charges" Schedule to a Transaction Document.
1.88 PCAOB has the meaning set forth in Section 9.7(b) of the Master Agreement.
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