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DGS PD 401IT (REVISED AND EFFECTIVE 9/5/14) <br />GENERAL PROVISIONS – INFORMATION TECHNOLOGY <br />Page 1 of 28 <br />1. Definitions: Unless otherwise specified in the Statement of Work, the following terms shall be <br />given the meaning shown, unless context requires otherwise. <br />a) “Acceptance Tests” means those tests performed during the Performance period which <br />are intended to determine compliance of Equipment and Software with the specifications <br />and all other Attachments incorporated herein by reference and to determine the reliability <br />of the Equipment. <br />b) “Application Program” means a computer program which is intended to be executed for <br />the purpose of performing useful work for the user of the information being processed. <br />Application programs are developed or otherwise acquired by the user of the <br />Hardware/Software system, but they may be supplied by the Contractor. <br />c) “Attachment” means a mechanical, electrical, or electronic interconnection to the <br />Contractor-supplied Machine or System of Equipment, manufactured by other than the <br />original Equipment manufacturer that is not connected by the Contractor. <br />d) “Business entity” means any individual, business, partnership, joint venture, <br />corporation, S-corporation, limited liability company, sole proprietorship, joint stock <br />company, consortium, or other private legal entity recognized by statute. <br />e) “Buyer” means the State’s authorized contracting official. <br />f) “Commercial Hardware” means Hardware developed or regularly used that: (i) has <br />been sold, leased, or licensed to the general public; (ii) has been offered for sale, lease, <br />or license to the general public; (iii) has not been offered, sold, leased, or licensed to the <br />public but will be available for commercial sale, lease, or license in time to satisfy the <br />delivery requirements of this Contract; or (iv) satisfies a criterion expressed in (i), (ii), or <br />(iii) above and would require only minor modifications to meet the requirements of this <br />Contract. <br />g) “Commercial Software” means Software developed or regularly used that: (i) has been <br />sold, leased, or licensed to the general public; (ii) has been offered for sale, lease, or <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575