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Crossroads Software Maintenance and Enhancement Services VDH PAGE 7 Contract # VDH-21-707-0156
K. Computer Virus Any malicious code, program, malware or other internal component (e.g., computer virus, computer worm, computer time bomb, or similar component), which could damage, destroy, alter or disrupt any computer program, firmware, or hardware or which could, in any manner, reveal, damage, destroy, alter or disrupt any data or other information accessed through or processed by such software in any manner. L. Concurrent Users The maximum number of concurrent active users utilizing the Software at a given point in time. M. Confidential Information Non-public proprietary or trade secret information of VDH and Supplier, whether the information is in written, graphic, machine readable or other tangible form, and which at the time of disclosure to any other Party is either (i) marked as being “Confidential” or “Proprietary”; (ii) Health Records;(iii) Personally Identifiable Information, including information about VDH’s employees, contractors, and customers, or Sensitive Data, including PHI; or (iv) information that is protected by statute or other applicable law. “Confidential Information” also includes any (a) information to which the Supplier has access in VDH facilities or VDH’s systems, (b) Work Product and information pertaining to the Work Product, (c) VDH data, VDH software, and systems access codes, and (d) information concerning VDH’s and any other VDH’s operations, plans, employees, contractors or third party suppliers The term “Confidential Information” does not include information that is: i. in the public domain through no fault of the receiving Party or of any other person or entity that is similarly contractually or otherwise obligated; ii. obtained independently from a third-party without an obligation of confidentiality to the disclosing Party and without breach of this Contract; iii. developed independently by the receiving Party without reference to the Confidential Information of the other Party; or iv. required to be disclosed under The Virginia Freedom of Information Act (§§2.2-3700 et seq. of the Code of Virginia) or similar laws or pursuant to a court order. N. Contract This agreement, including all exhibits, schedules, and attachments, including any modifications or amendments thereto, entered into by VDH and Supplier. O. Contractor The use of the term “Contractor” in any of the following terms, conditions, links, or IRS Publication 1075 means the same as the term “Supplier” as defined and used in this Contract. P. Deliverable Software, Documentation, Components, plans, reports, data, Work Product, and any other materials, items or events, in each case described or itemized as something that is developed, prepared or created and delivered or required to be developed, prepared or created and delivered or made available to VDH as part of the Services, Maintenance Services, Licensed Services, application, Solution, product, Software, System Software, or Supplier product, , including the development or creation of Work Product. Q. Documentation Those materials (including user manuals, training materials, guides, product descriptions, technical manuals, product specifications, and supporting materials) detailing the information and instructions needed in order to allow VDH and its Authorized Users to make productive use of the application, Software, Solution, product, Service, Licensed Services or Deliverable, including any and all components, and to implement and develop self-sufficiency with regard to the application, Software, Solution, product, Service, Licensed Services or Deliverable, including any and all components, provided by Supplier in fulfilling its obligations under the Contract. R. Effective Date The date this Contract goes into full force and effect as set forth in the preamble of this Contract above.
DocuSign Envelope ID: D69B105E-7A47-46ED-8B09-C0071CE057F5 DocuSign Envelope ID: 33024638-F519-4808-AF31-3DA182A2CE1E