Software; Certain Definitions Clause Samples

Software; Certain Definitions. For purposes of this Agreement, “Software” shall mean the computer programs, including programming tools, scripts, and routines that [***] has developed, develops or otherwise provides under this Agreement including, without limitation, the [***] Applications (as defined below) in white label form with BOHA! Solution rebranding (regardless of whether performed domestically or abroad and regardless of whether performed before or after execution of this Agreement), and all updates, upgrades, new versions, new releases, enhancements, improvements, and other modifications made or provided thereto and any New Products (as defined below) from time to time. Without limitation, the Software shall have the functionality and compatibilities set forth in Exhibit A hereto. “[***] Applications” means [***]’s [***] applications, including any new versions or updates of the same from time to time. “New Products” means any new software or applications developed by [***] during the Term that are used or useable in, related to, or otherwise complimentary to the [***] Solution.