AGREEMENT NO.: AVNERA1 _____________
RESELLER MASTER TERMS AND CONDITIONS
This Reseller Agreement (“Agreement”) is made effective as of 08/06/03 (“Effective Date”) by and between Avaya Inc.
(“Avaya”) a Delaware corporation with offices at 211 Mt Airy Rd, Basking Ridge, NJ 07920 and XETA Technologies, Inc.,
(“Reseller”) a corporation , with offices located at 1814 West Tacoma, Broken Arrow, OK 74012 .
NOW THEREFORE, in consideration of the mutual promises herein set forth and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
The following terms shall have the meanings specified below:
1.1 “Affiliate” means, with respect to any party, any person or entity that is under common control with, controls, or is
controlled by, that party.
1.2 “Agreement” means this Reseller Agreement and all Product Group Attachments, which are incorporated by reference
1.3 “Distributor” means any authorized Avaya distributor identified in the Product Group Attachments.
1.4 “Confidential Information” means all information furnished under or in contemplation of the Agreement, which is marked
with a restrictive notice or otherwise designated as proprietary, or which the receiving party knows or should know is being
disclosed on a confidential basis; including without limitation, this Agreement and it’s terms and conditions, all trade secrets,
and price discount, rebate lists and schedules.
1.5 “End-User” means a third party that purchases Products for use by such third party and not for resale, sublease, or
1.6 “Effective Date” means the date of this Agreement as stated above.
1.7 “Licensed Materials” means the object code computer programs furnished by Avaya and intended for use in or provided
for use with Products and also includes the information in the Related Documentation furnished to Reseller for use therewith.