THE FIRST DAY OF THE
FIRST MONTH FOLLOWING THE EUROPE DATE; BY WAY OF NON-LIMITING EXAMPLE, IF THE
EUROPE DATE IS FEBRUARY 15, 2003, THE FIRST 3-MONTH PERIOD WOULD RUN FROM MARCH
1, 2003 TO MAY 31, 2003.
1.12 "R2 INSTALLED BASE SITES" MEANS THOSE PERSONS OR ENTITIES IDENTIFIED ON A
SEPARATE DOCUMENT DELIVERED BY R2 TO VTAL QUARTERLY, AS MAY BE ACCURATELY
UPDATED BY R2 FROM TIME TO TIME, WHO ARE LOCATED IN THE UNITED STATES AND EUROPE
AND ARE IN POSSESSION OF R2 PRODUCTS (OTHER THAN DEMONSTRATION UNITS).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, R2 INSTALLED BASE SITES SHALL INCLUDE
UP TO TWENTY (20) ENTITIES IDENTIFIED BY R2 WITHIN SIXTY (60) DAYS OF THE
EFFECTIVE DATE WHO WORK WITH R2 IN AN ADVISORY OR OTHER SIMILAR CAPACITY, BUT
WHO MAY NOT HAVE ACTUALLY PURCHASED R2 PRODUCTS.
1.13 "R2 PRODUCT" MEANS THE (I) LUNG NODULE CAD APPLICATION CONFIGURED BY R2 FOR
USE BY WITH THE VTAL WORKSTATION, AS REFLECTED IN THE SPECIFICATIONS; (II)
VISUALIZATION SOFTWARE APPLICATIONS; (III) ALL OTHER SUPPORTING SOFTWARE
APPLICATIONS (INCLUDING BUG FIXES MADE PURSUANT TO SECTION 3.4, UPDATES,
UPGRADES AND NEW FEATURES TO THE FOREGOING (I), (II) AND (III) MADE AVAILABLE BY
R2 DURING THE TERM OF THIS AGREEMENT); AND (IV) ALL RELATED DOCUMENTATION.
1.14 "R2 SHOWCASE" MEANS THE COMBINATION OF R2'S PROPRIETARY WORKSTATION AND
RELATED PRODUCTS WHICH INCORPORATE THE LUNG NODULE CAD APPLICATION, AS MORE
FULLY DESCRIBED IN SECTION 2.8.
1.15 "SERVER" HAS THE MEANING SET FORTH IN SECTION 3.6.
1.16 "SPECIFICATIONS" MEANS THE FUNCTIONAL AND TECHNICAL STANDARDS OF THE LUNG
NODULE CAD APPLICATION AS WELL AS THE COMPATIBILITY STANDARDS FOR THE R2
PRODUCTS TO LOOSELY INTEGRATE AND OPERATE WITH THE VTAL WORKSTATION, DEVELOPED
PURSUANT TO SECTION 2.1 BELOW.
THE PARTIES UNDERSTAND THAT THE SPECIFICATIONS
WITH RESPECT TO THE PERFORMANCE IN SENSITIVITY AND SPECIFICITY OF THE R2 PRODUCT
DELIVERED BY R2 TO VTAL WILL BE THE SAME AS THOSE FOR THE LUNG NODULE CAD
APPLICATION USED BY R2 IN THE R2 SHOWCASE.
1.17 "TERRITORY" MEANS THOSE COUNTRIES, REGIONS OR GEOGRAPHICAL MARKETS
IDENTIFIED ON EXHIBIT B.
1.18 "TRADEMARKS" WITH RESPECT TO A PARTY MEANS THE TRADEMARKS, SERVICE MARKS,
LOGOS AND OTHER PROPRIETARY MARKS THAT SUCH PARTY MAY ADOPT FROM TIME TO TIME.
1.19 "UPDATES" MEANS SOFTWARE BUG FIXES AND CORRECTIONS THAT ENSURE
FUNCTIONALITY OF THE LUNG NODULE CAD APPLICATION OR R2 PRODUCT, AS THE CONTEXT
REQUIRES, THAT ARE RELEASED BY R2 FOR FIELD USE, IF ANY.
UPDATES DO NOT INCLUDE
IMPROVEMENTS OR ENHANCEMENT TO THE OPERATING SYSTEM, APPLICATIONS SOFTWARE, OR
HARDWARE AND DO NOT INCLUDE NEW SOFTWARE FEATURES.
1.20 "UPGRADES" MEANS A RELEASE OR VERSION OF THE LUNG NODULE CAD APPLICATION OR
R2 PRODUCT, AS THE CONTEXT REQUIRES, THAT CONTAINS NEW CAD DETECTION
IMPROVEMENTS INCLUDING ALGORITHM AND PERFORMANCE ENHANCEMENTS, LIMITED TO AN
INCREASE IN SENSITIVITY AND/OR A DECREASE IN MARKER RATE, IF ANY.
FOR EXAMPLE:
IMPROVEMENT IN THE ALGORITHM THROUGH REDUCED FALSE POSITIVES.
UPGRADES DO NOT
INCLUDE NEW SOFTWARE FEATURES OR NEW HARDWARE.
1.21 "US DATE" MEANS THE LATER OF : (A) THE DATE ON WHICH