Definitions

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"Accreditation" means accreditation conveyed by the E-Government Unit of the State Services Commission, acting on behalf of the S.E.E. Manager, that an Accredited Supplier's Accredited Software passes the S.E.E. Mail Tests and its management procedures are satisfactory for the continued secure operation of S.E.E. Mail. "Accredited" shall have a corresponding meaning.

"Accredited Party" means a supplier or Participating Agency who has demonstrated their Accredited Software passes the S.E.E. Mail Tests to the satisfaction of the S.E.E. Manager.

"Accredited Software" means the executable version and configuration of the server to server secure email application software as specified in Schedules A and B of the "Secure Electronic Environment (S.E.E.) Project, Agency to Agency Secure Email template contract".

"Accredited Supplier" means a supplier who has successfully demonstrated their Accredited Software passes the S.E.E. Mail Tests.

"Applicant" means, depending upon the context:

• an Eligible Agency who has applied for Site Certification;

• a Participating Agency who has applied for Recertification;

• a Supplier or Agency who has applied for Accreditation or Re-accreditation;

"Candidate" means an Eligible Agency, Participating Agency or Supplier seeking to formally undergo the S.E.E. Mail Tests for the purposes of Certification or Accreditation.

"Certification" means notice from the S.E.E. Manager, that an Applicant's S.E.E. Mail gateway passes the S.E.E. Mail Tests and its management procedures are satisfactory for the continued secure operation of S.E.E. Mail. "Certified" shall have a corresponding meaning.

"Confidential Information" means, in relation to a party, all information of a confidential nature contained in any materials produced or provided by that party to the other party or in respect of that party's business and includes:

• all oral and written information (including data, all estimates, forecasts, opinions, budgets, projections and other statements) supplied to for the benefit of the recipient by or on behalf of the provider or otherwise acquired by the recipient in relation to the Site Certification process, and

• all notes, memoranda and records (in whatever form) of the recipient or its officers, employees, agents and advisors in respect of information supplied to or for the benefit of the recipient by or on behalf of the provider, and

• any information which is not public knowledge and which is obtained from the other party pursuant to or in the course of the Site Certification process, and will extend to all and any part of such information and matters.

"CTL" means Certificate Trust List.

"DCA" means Domain Confidentiality Authority.

"DSA" means Domain Signing Authority.

"Eligible Agency" or "Eligible Agencies" includes any part of the "State Services" (as defined in section 2 of the State Sector Act 1988), and, for the avoidance of doubt, any public service departments, crown entities, the Reserve Bank of New Zealand, state owned enterprises, offices of parliament, the armed forces, Government Communications Security Bureau and the Security Intelligence Service. The Parties acknowledge that, from time to time, new government Agencies are created and government Agencies are disestablished.

"External Agency" or "External Agencies" means any organisation(s) with the ability to exchange signed and encrypted e-mail with a Participating Agency.

"Hard warning" means a high grade warning, which interferes with the functionality of the original e-mail. The original message "To", "From", "Subject" fields are altered - to indicate a warning message. The e-mail message body is typically only the warning message, with the original message included as an attachment.

"Intellectual Property Rights" includes patents, trade marks, registered designs, copyright, know-how, unregistered trade marks, inventions, rights under licences, and rights of the same or similar nature, in any part of the world, and applications for any of these rights.

"Messages" includes email in plain text, rtf, or html formats. The industry standard encoding mechanisms are assumed such as MIME. Also included in the definition are any attachments in any standard application format or any string of data attached to an email header.

"Operational Reference System" means a system that has an existing implementation of Accredited Software in specified Participating Agencies, or elsewhere, and that has been determined by the S.E.E. Manager's representative to be suitable for use to test interoperability as part of a particular instance of the Site Certification process.

"Participating Agencies" means those Eligible Agencies using the Accredited Software specified on a Participating Agencies list held and maintained by the E-Government Unit of the State Services Commission.

"Provisional Certification" means Certification conveyed by the E-Government Unit of the State Services Commission, acting on behalf of the S.E.E. Manager, that a Participating Agency is lacking compliance in some aspect(s) of the design, policy or management. This Certification does not preclude the gateway from operating, but does mandate that these problems be corrected within an appropriate timeframe. This timeframe will be advised in the letter of certification, for those sites where this is an issue. Failure to correct the anomalies in the stated timeframes will result in the S.E.E Manager withdrawing the Certification.

"Recertification" means certification conveyed by the E-Government Unit of the State Services Commission, acting on behalf of the S.E.E. Manager, on a Certified Participating Agency at initiation of a major change or at a complaint, or at any other time deemed necessary by the S.E.E. Manager.

"Revision" means a modified Version (in the nature of changes made to any item) of Accredited Software to correct program faults or other defects or to effect minor enhancements to the functionality of the Accredited Software and includes all documentation associated with the modification, and "Revise" shall have a corresponding meaning.

S.E.E. means Secure Electronic Environment.

"S.E.E. Key server certificates" means a digital certificate for a mail server, issued under the S.E.E. PKI Certificate Policy.

S.E.E. Manager means the person who the S.E.E. Manager's Representative has charged with the operational management of the Secure Electronic environment (S.E.E.).

S.E.E. Manager's Representative means the person designated by the State Services Commissioner as having overall responsibility for the direction and governance of the Secure Electronic Environment (S.E.E.), in conjunction with the S.E.E. Steering Group, and who formally represents the S.E.E. Manager in matters to do with S.E.E.

S.E.E. Steering Group means the group comprising of Public Servants, chaired by the S.E.E. Manager's representative, who manage the governance and strategic direction of the Secure Electronic Environment (S.E.E.).

"Site Certification" means the same as Certification.

"Soft Warning" means a low grade warning , which does not interfere with the functionality of the original e-mail.. The original message "To", "From", "Subject" fields are unaltered. The warning message text is typically included as text, as part of the message body.

"Termination of Site Certification" means that the S.E.E. Manager has unilaterally terminated the Site Certification of a Participating Agency where the S.E.E. Manager determines that continued Certification imposes an unacceptable risk of compromise or breach of S.E.E. security.

"Withdrawal" means the withdrawal of Site Certification where the Participating Agency does not meet the criteria set by the S.E.E. Manager on the effective date of the criteria including where the S.E.E. Mail tests and/or Site Certification criteria have been changed, modified or amended in accordance with the Site Certificationprocess document, and "Withdrawn" shall have a corresponding meaning.

"Version" means an edition of the Accredited Software which introduces material new functionality to a previous Version of the Accredited Software and which goes beyond the scope of a Revision and includes all documentation associated with such Version. Excluded from the definition of Version is software functionality that is packaged together by the Supplier as a [materially] different product and sold separately as such.