Incredimail 2013 Annual Report Download - page 175

EXECUTION VERSION
1.21 “Effective Date” has the meaning given in the preamble of this Agreement.
1.22 “End User” means an individual, human end user who visits or uses a Property or a Source (i.e. , not bots, macro programs,
Internet agents, crawlers or any other automated means).
1.23 “Event”
means, with respect to an End User, any of the following (a) the End User submits a Query from any Source and (b)
the End User visits or otherwise interacts with the Microsoft Network.
1.24 “Excess Revenue Share Payment” has the meaning given in Section 4.1.2.
1.25 “Financial Investor” is a financial institution, a fund or a pooled investment vehicle (e.g., a private equity fund or a hedge
fund), or a person or entity whose main business is making investments in other entities engaged in multiple businesses.
1.26 “Governmental Authority” means any United States or non-United States federal, national, provincial, state or local
government or other political subdivision thereof, any entity, authority, agency or body exercising executive, legislative, judicial, regulatory or
administrative functions of any such government or political subdivision, and any super-national organization of sovereign state exercising such
functions for such sovereign states.
1.27 “Gross Revenue” [***]
1.28 “Indemnified Party” means a Microsoft Indemnified Party or a Conduit Indemnified Party entitled to defense and
indemnification under Section 10.1 or 10.2, as the case may be.
1.29 “Indemnifying Party” means Microsoft or Conduit, whichever is obligated to provide defense and indemnification under
Section 10.1 or 10.2, as the case may be.
1.30 “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral
rights law, trade secret law, trademark law, whether registered or unregistered, and any and all other similar proprietary rights, as well as any and
all applications, renewals, extensions, divisionals, continuations, restorations and re-instatements thereof, now or hereafter in force and effect
worldwide.
1.31 “Internet Search” means search via a search engine that utilizes a general index of content located on the World Wide Web.
1.32 “Laws”
means any Federal, state, provincial, county, municipal or other local laws, rules, regulations, ordinances or judicial
decisions enacted or issued by a court or other Governmental Authority of any country, state, province, county, city or other municipality.
1.33 “Microsoft” has the meaning given in the preamble of this Agreement.
1.34 “Microsoft Indemnified Party” means Microsoft, any Affiliate of Microsoft, any successor to all of Microsoft’s rights and
obligations under this Agreement permitted under Section 16.4, and any employee, officer, director, representative or agent of any of the
foregoing in his, her or its capacity as such.
CONFIDENTIAL
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