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Test Plan for Optical Grooming Switches - Light Reading

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<strong>Test</strong> <strong>Plan</strong> <strong>for</strong> <strong>Optical</strong> <strong>Grooming</strong> <strong>Switches</strong><br />

1. Definitions<br />

In this Agreement (including the Schedules):<br />

‘Agreement’ means the Agreement between the Vendor and BT incorporating these Terms<br />

and Conditions.<br />

‘BT’ means British Telecommunications plc.<br />

‘the BT means the thing which BT shall allow the Vendor to use under the Agreement<br />

Equipment’ to which these conditions apply.<br />

‘the Vendor means the thing which the Vendor shall allow BT to use under the Agreement<br />

Equipment’ to which these conditions apply.<br />

‘the Services’ mean the services BT will per<strong>for</strong>m <strong>for</strong> the Vendor under the Agreement to<br />

which these conditions apply, as described in the attached agreement.<br />

‘Licence’ means any licence granted or having effect as if granted under the<br />

Telecommunications Act 1984, the Cable and Broadcasting Act 1984 or the<br />

Wireless Telegraphy Act 1949, or any replacement or re-enactment of the<br />

same or any of them, or any similar licence, and includes any such licence as<br />

from time to time amended.<br />

‘Vendor’ means the person or organisation with whom BT has entered into this<br />

Agreement, including anyone who BT reasonably believes to be acting on<br />

behalf of the Vendor and its Employees.<br />

2. Term<br />

The engagement of BT shall commence on the date agreed in this Agreement and shall<br />

continue until completion of the specified use of the Vendor Equipment or testing services or<br />

until the Agreement is terminated, whichever is the sooner.<br />

3. Confidentiality<br />

In addition to the provisions in Clause 12.<br />

3.1 BT and the Vendor shall keep in confidence any in<strong>for</strong>mation obtained under this Agreement and shall not<br />

divulge the same to any third party other than their officers or employees on a need to know basis without<br />

the consent of the other party. This provision shall not apply to:<br />

3.1.1 any in<strong>for</strong>mation which is or comes into the public domain otherwise than in breach of this Agreement;<br />

3.1.2 in<strong>for</strong>mation in the possession of the receiving party thereof be<strong>for</strong>e such divulgence has taken place;<br />

3.1.3 in<strong>for</strong>mation obtained from a third party who is free to divulge the same;<br />

3.1.4 in<strong>for</strong>mation acquired by the receiving party as a result of a process of independent development<br />

3.2 Neither party shall make any announcement concerning this Agreement or use the other’s name <strong>for</strong><br />

promotional or marketing purposes without the other Party’s prior written agreement.<br />

4. Termination<br />

60

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