Common use of Software; Hosting Services; System Access Clause in Contracts

Software; Hosting Services; System Access. If any Products contain any embedded Software (as hereinafter defined) and/or if Company provides Software for use by Saint Luke’s in relation to the Products, and/or if the provision of any services by Company hereunder will require Company’s use of Software which will interact with any of Saint Luke’s systems, the parties agree that the terms and conditions in Exhibit C (Software Terms) shall apply. As used herein “Software” means the machine readable forms of specific computer software programs, interfaces and configurations developed by or for Company or used by Company, including: (i) embedded third party software; (ii) all updates, upgrades, and new releases to the foregoing; and (iii) any content and computer-based training software developed or used by Company in connection the Products, Equipment or any services provided by Company. In the event that Company requires an additional or separate license (other than the license in Exhibit C) be given or acquired in relation to any Software, the parties will negotiate and enter into a separate license agreement with respect to same. If, to carry out its obligations under the Agreement, Company will provide the Products or services that require Company to store any of Saint Luke’s or the Facilities’ data or information (referred to herein as “Data”) on its system (“Hosting Services”), then Company agrees that the terms and conditions set forth in Exhibit D (Hosting Services) shall apply.

Software; Hosting Services; System Access. If any Equipment or Products contain any embedded Software (as hereinafter defined) and/or if Company provides Software for use by Saint Luke’s in relation to the ProductsProducts or Equipment, and/or if the provision of any services by Company hereunder will require Company’s use of Software which will interact with any of Saint Luke’s systems, the parties agree that the terms and conditions in Exhibit C B (Software Terms) shall apply. As used herein “Software” means the machine readable forms of specific computer software programs, interfaces and configurations developed by or for Company or used by Company, including: (i) embedded third party software; (ii) all updates, upgrades, and new releases to the foregoing; and (iii) any content and computer-based training software developed or used by Company in connection the Products, Equipment or any services provided by Company. In the event that Company requires an additional or separate license (other than the license in Exhibit CB) be given or acquired in relation to any Software, the parties will negotiate and enter into a separate license agreement with respect to same. If, to carry out its obligations under the Agreement, Company will provide the Products or services that require Company to store any of Saint Luke’s or the Facilities’ data or information (referred to herein as “Data”) on its system (“Hosting Services”), then Company agrees that the terms and conditions set forth in Exhibit D C (Hosting Services) shall apply.