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Server machine Services Snapshot Report Software Software Performance Remedies sow Specifications Statement of Work Stop-Use Event Tech Support Commitment Upgrade Warranty Period Workstation machine ~ DEFINITIONS " . In either upper or lower case, includes each distinct instance of an operating system run on a particu- lar machine used as a server. Services to be performed by BindView as set forth in an applicable Statement of Work. A report, generated using the Counting Utility software where applicable and including a copy of its output, showing the number of servers, user accounts, and/or other License Units applicable to the Software in your network. The specific computer program(s) for which you are licensed by Order Form(s), together with all Upgrades thereto that we may provide to you pursuant to this Agreement. References to "Software" shall be deemed to refer to each such computer program independent of any other such computer program. See Section 5. See Statement of Work (a) the Documentation, together with (b) any additional specifications for the Software's perform- ance that are expressly set forth and identified as such in an Order Form that is manually signed in hard-copy by an officer of BindView.2 A document for a consulting-services engagement that (i) incorporates this Agreement by reference and sets forth any additional or different terms and conditions, (ii) identifies the scope of the work to be performed in the engagement (the "Services"), and (if/) sets forth the agreed fee(s) for the engagement. Each Statement of Work will be deemed to be a contract separate from each other Statement of Work and each Order Form unless expressly stated otherwise therein. See Section 20.5. BindView's technical-support policy as posted on the BindView Web site from time to time (see the applicable Order Form or contact your BindView account representative for details). A copy of our current tech-support policy is attached as an appendix to this Agreement. A new release, revision, correction, modification, patch, or fix of the Software that we release, in our discretion, for general licensing availability. Upgrades may include both major and minor upgrades of the Software (e.g. upgrades with a change in the number to the left or right of the decimal point in the version number). See Section 4.1. In either upper or lower case, includes each distinct instance of an operating system run on a particu. lar machine used as a workstation. 2 The term "Specifications" is defined in some detail because it comes into play in the warranty provisions of Section 4. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 3