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"Maintenance and Support Fees" means the fees for the Maintenance and Support Services set out in Schedule „A„, "Maintenance and Support Services" means maintenance and support services to be provided by SmartWorks pursuant to the terms and conditions of Schedule "B"; "Open Source License" means terms that, as a condition of use, copying, modification or redistribution of software, require that such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge, including without limitation software distributed under the GNU General Public License or GNU Lesser/Library GPL; 'Required Hardware' shall have the meaning set out in Section 6(b); "Required Programs" shall have the meaning set out in Section 6(a); "Software" means the object code version of the SmartWorks software products listed in Schedule "A" and includes any Updates or Upgrades that have been provided to Customer as part of the Maintenance and Support Services. Third Party Software is not included in the definition of Software except where this Agreement explicitly states otherwise; "Third Party Software" means third party software products licensed to Customer by the applicable third party licensors. Future Releases of the Software may require alternate third -party software to be upgraded or licensed by Customer, which will be subject to a third party license agreement between Customer and the relevant third - party software licensor; "Updates" means any published changes, additions or corrections to the Software that primarily include a minor modification or enhancement to the Software related to a bug fix, minor additional functionality that SmartWorks or its authorized reseller makes generally available to its customers as part of its Maintenance and Support Services; "Upgrades" means a major overhaul of the Software which is a complete new published version of the Software that modifies, revises or alters the Software and adds features, functionality or enhancements to such Software, that SmartWorks or its authorized reseller makes generally available to its customers subject to the payment of additional fees; and "User(s)" means any employee or legal agent of Customer. b) Schedules The Schedules described below and attached to this Agreement shall be deemed to be integral parts of this Agreement. Schedule "A" -Software, Maximum Meters, Maximum Channels, Fees Schedule "B" - Maintenance and Support Services In the event of any conflict or inconsistency between the terms and conditions in the main body of this Agreement and the terms and conditions in any Schedule, the terms and conditions of the main body of this Agreement shall control unless otherwise expressly stated in the provision giving rise to the conflict or inconsistency. 2. Term This Agreement will commence on the Effective Date and shall continue until terminated in accordance with Section 13 (the "Term"). 3. Fees In consideration of receiving the license rights granted in this Agreement, and the Maintenance and Support Services, Customer agrees to pay to SmartWorks or its authorized reseller the License Fees, and Maintenance