Initial Code definition

Initial Code means the first geographic COC assigned at a unique switching entity or point of interconnection.

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Initial Code means the software described in Exhibit A and any related user documentation. The term “Initial Code” includes all corrections, changes, additions or enhancements made to the Initial Code and provided to Microsoft hereunder, whether in beta or final form.

Initial Code means the non-customized basic computer code that constitutes or is included in the Edge SDK (iOS and Android), being the SDK components described in the following dropbox file [******] as updated from time to time at IHQ’s sole discretion in order to adapt to technical changes in third party mobile operating systems and telecommunications infrastructure.

Examples of Initial Code in a sentence

• Except as licensed to Microsoft under this Agreement, Attunity retains all right, title and interest in and to the Initial Code and the Microsoft Custom Code and the Attunity Intellectual Property Rights therein.

• Attunity’s warranty contained in Section 8.1(b), 8.1(c) or 8.1(d) shall be void if (i) Microsoft modifies the Initial Code or the Microsoft Custom Code without Attunity’s approval, (ii) Microsoft uses the Initial Code or the Microsoft Custom Code for purposes other than those reasonably contemplated by the subject matter of this Agreement, or (iii) the failure of the Initial Code or the Microsoft Custom Code to conform to the Specifications is due to misuse or negligence of a person other than Attunity.

• Upon expiration or termination of this Agreement, Attunity will maintain an active policy, or purchase an extended reporting period providing for claims first made and reported to the insurance company within five years after Microsoft’s acceptance of the Initial Code in accordance with Section 2.2.

• This Agreement will commence on the date Microsoft accepts the Initial Code in accordance with Section 2.2 and expire upon the fifth anniversary thereof, unless earlier terminated by either party in accordance with Section 11.2 (“Initial Term”).

• For clarity, acceptance of the Initial Code by Microsoft will not waive any obligation of Attunity to ensure that the Initial Code conforms to the Specifications or to comply with the warranties set forth in Section 8.

• Notwithstanding any other provision of this Agreement, Microsoft will have no obligation to market, sell or otherwise distribute the Initial Code or the Microsoft Custom Code, either alone or in combination with other software, hardware, systems or data.

• Attunity (on behalf of itself and any successors to or assignees or licensees of Attunity Intellectual Property Rights) agrees not to bring any suit, proceeding or other claim against Microsoft for infringement or misappropriation of Attunity Intellectual Property Rights arising out of or related to Microsoft’s access to and use of the Initial Code or the Microsoft Custom Code in accordance with this Agreement, including, without limitation, this Section 2 and Section 4.

• If Microsoft rejects the Initial Code or the Microsoft Custom Code in accordance with Section 2.2 or Section 4.3, respectively, Attunity will immediately refund any fees paid by Microsoft under Sections 5.1(a), 5.1(b), 5.1(c) and 5.1(d).

• Microsoft will have the rights set forth herein with respect to the Initial Code and the Microsoft Custom Code when and as developed or created.

• Further, during the Term Attunity may provide Microsoft with technical assistance, and otherwise assist Microsoft in customer engagements, with respect to the Initial Code and the Microsoft Custom Code in accordance with Exhibit C.