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<br />81iv~ <br /> <br />. <br /> <br />DEFINITIDNS <br /> <br />BindView Customer Agreement ("BeA") (95-3172) <br /> <br />NOTE: This BindView Customer Agreement (BeA) is not designed to be signed, but to be incorporated by reference in (i) an <br />Order Form or Statement of Work (as defined below) for single transactions, or (iii) in a Master Customer Agreement for multi- <br />ple transactions. <br /> <br />If you wish to enter into a signable agreement. the BindView Master Customer Agreement form is designed for that purpose. It <br />is available at the same Web page where you obtained this BeA. <br /> <br />1. Definitions <br /> <br />Affiliate As to a corporation or other entity, "Affiliate" means: <br />a) an entity, if any, expressly so identified in an Order Form; and <br />b) any person, partnership, joint venture, corporation or other form of enterprise, domestic or for- <br />eign, that directly or indirectly, through one or more intermediaries, controls [Note IJ, or is con- <br />trolled by, or is under common control with such entity. <br />Note 1: As used in this definition, "controlled" or "control" means (I) ownership, directly or indi- <br />rectly, of fifty percent (50%) or more of the voting securities of such party, or (2) the power to direct <br />or cause the direction of the management and policies of such entity, whether through the ownership <br />of voting stock, by contract, or otherwise. <br /> <br />Agreement, or "this <br />Agreement" <br /> <br />BindView (or <br />'\ve" or "us") <br /> <br />BindView Customer <br />Agreement (or "SCA") <br /> <br />BPOC Research <br /> <br />BPac System <br /> <br />Claim Defense <br /> <br />Confidential <br />Infolll1ation <br /> <br />Copyable Research <br /> <br />As required by the context, the terms "Agreement" and "this Agreement" shall be deemed to mean <br />(i) an applicable Order Form with this BindView Customer Agreement incorporated by reference; <br />(ii) an applicable Statement of Work with this BindVicw Customer Agreement incorporated by ref- <br />erence, and/or (iii) this BindView Customer Agreement itself. <br /> <br />BindView Corporation, a registered assumed name of Bind View Development Corporation, a Texas <br />corporation. <br /> <br />BindView's BindView Customer Agreement fonn, version 95-3172. <br /> <br />Certain best-practices research available through the SP~C System. <br /> <br />The BindView Policy Operations Center system. <br /> <br />See Section 19. <br /> <br />See Section 24. <br /> <br />That portion of the SPOC Research for which the BPae System includes a specific "copy" feature. <br /> <br />BINDVIEW CUSTOMER AGREEMENT 95-3172 <br /> <br />PAGE 1 <br />