Binary Products definition

Binary Products means the machine-readable, executable code for the Product and End User Documentation listed in Attachment 2 hereto, any Updates, Version Release or Product Release to the Binary Product provided to Customer, if any, and any Error Corrections. 1.5 "Confidential Information" means that information which Customer and/or Sun desire to protect against unauthorized disclosure or use and which the disclosing party designates as confidential (i) in writing, if communicated in writing, or (ii) orally, prior to any oral disclosure of the Confidential Information. Confidential Information may include information of third parties. The terms and conditions of this Agreement shall be considered Confidential Information of Sun. 1.6 "Distributor" means an entity that distributes Customer's Products and which is under a contractual obligation to Customer as set forth in this Agreement. 1.7 "Dollar" or "$" means the currency of the United States of America. 1.8 "End User" means the entity to whom the BCL applies and to whom Customer and/or Distributors furnish the Binary Products for use on or with Customer's Products for internal use and not for resale, marketing, or leasing. 1.9 "End User Documentation" means users' manuals, programmers' guides and system guides which Sun may provide for use with the Products, and which are specified in the Attachments and/or the Price List. 1.10 "Error" means any reproducible failure of the Products to perform its intended functions or any significant inaccuracies in the End User Documentation. 1.11 "Error Correction" means a modification, addition, procedure or routine intended to correct the practical adverse effect of an Error. 1.12 "Customer's Product(s)" means (i) the hardware system(s) manufactured by or for Customer with which the full operating system environment Product(s) is (are) intended to operate; and/or (ii) the hardware and/or software system manufactured by or for Customer and which is shipped with the unbundled and other technology Products. 1.13 "Master Media" means the Binary Product delivered to Customer for the purpose of mass duplication in accordance with Section 2.0 herein. 1.14 "Packaged Product" means the Binary Product, including End User Documentation, delivered to Customer in prepackaged (shrink-wrap) form. 1.15 "Price List" means the then current, geographical specific release of the Sun Software OEM and Reseller License Fee and Royalty Schedule at the time of execution of this Agreement including any sub...

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Examples of Binary Products in a sentence

• This credit will be equal to the difference between the new royalty rate and the previous royalty rate for all such unopened Binary Product(s) in Customer's inventory as of the date of such notice which were shipped to Customer not more than ninety (90) days before such notice and whose serial numbers are submitted to Sun with Customer's written request for credit.

• Customer's product packaging for the Binary Products shall clearly indicate this intended purpose.

• It is expressly acknowledged and agreed that in the United States and in other jurisdictions where an enforceable copyright protection covering the Binary Products exists, such license may be a written agreement on or accompanying the package containing the Binary Product media that is fully visible to the End-User before the package is opened, that the End-User accepts by opening the package and that complies with applicable law relating to agreements of such type.

• All orders for such Binary Product(s) scheduled for shipment or in transit to Customer at the time of such notice shall be adjusted to the decreased royalty rate.

• The intended purpose of the Binary Products is for use with Customer's Products.

• If, during the term of this Agreement, Sun decreases the royalty rate for any Binary Product(s), Customer will be allowed a credit toward new orders for any Binary Product(s) placed within thirty (30) days of receiving such notice from Sun.

• SUN ANNUAL ACTIVITY LEVEL/DISCOUNT MATRIX Discount(s) for the Binary Products described in Section I.B. below are determined through assessing Customer's Annual Activity Level for all Binary Products provided under this Agreement.