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License and Distribution Agreement |
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2004 |
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Preview shows 9KB of 28KB total |
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$40 |
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#1111827 |
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| ALTIRIS HP CONFIDENTIAL |
EXHIBIT 10.5K |
AMENDMENT NUMBER 8
TO
LICENSE AND DISTRIBUTION AGREEMENT
This Amendment Number 8 to License and Distribution Agreement (the Amendment) is entered into as of May 26, 2004 (the Effective Date) by and between Altiris, Inc., a Delaware corporation, having its principal place of business at 588 W. 400 South, Lindon, Utah 84042 (Altiris), and Hewlett-Packard Company, a Delaware corporation, having its principal place of business at 3000 Hanover Street, Palo Alto, California 94304 (HP) (individually, the Party; collectively, the Parties).
RECITALS
WHEREAS, Altiris has developed certain software for protecting and restoring data on computers;
WHEREAS, HP desires to license and distribute such software on certain HP hardware;
WHEREAS, the Parties have previously entered into a Software License and Distribution Agreement dated November 12, 1999, as amended (the Agreement), that grants HP license and distribution rights to certain Altiris software products and services; and
WHEREAS, the Parties desire to amend the Agreement to provide for the license and distribution of such Altiris software with certain HP hardware.
NOW, THEREFORE, in consideration of the above recitals, the mutual undertakings of the Parties as contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Amendment hereby agree as follows:
| I. | DEFINITIONS |
All capitalized terms which are not defined in this Amendment shall have the meaning as set forth in the Agreement.
| II. | MODIFICATIONS. The Agreement is amended and supplemented as follows: |
| 1. | Section 1 of the Agreement is amended by adding the following new definitions: |
| 1.20 | Local Recovery Basic. Local Recovery Basic shall mean a co-branded version of the Altiris Local Recovery v6.0 software and any Updates or Upgrades thereto that are released by Altiris for general distribution to its other licensees during the Distribution Period of this Agreement (as defined in Section 3.21). As used in this Section, the term Update means a fix or compilation of fixes (e.g., service packs) released by Altiris to correct operational defects or program bugs in the software. The term Upgrades means any new version of the software product that bears the same product name, including version changes evidenced by a number change immediately to the right or left of the decimal (e.g., Local Recovery v6.0 to v6.1 or Local Recovery v6.0 to v7.0). The Parties agree that Altiris may |
Page 1 of 12
ALTIRIS HP CONFIDENTIAL
configure Local Recovery Basic such that it only works on HP Hardware and Legacy Hardware. Local Recovery Basic will be co-branded with HP branding, as mutually agreed upon by the Parties, and in accordance with the Parties trademark guidelines. The co-branded version of any Update or Upgrade will be provided to HP within a commercially reasonable period of time from the general commercial release of such Update or Upgrade.
| 1.21 | Local Recovery Pro. Local Recovery Pro shall mean a version of the Altiris Local Recovery Pro v6.0 software and any Updates or Upgrades thereto that are
released by Altiris for general distribution to its other licensees during the Distribution Period of this Agreement (as defined in Section 3.21). As used in this Section, the term Update means a fix or compilation of fixes (e.g.,
service packs) released by Altiris to correct operational defects or program bugs in the software. The term Upgrades means any new version of the software product that bears the same product name, including version changes evidenced by a
number change immediately to the right or left of the decimal (e.g., Local Recovery Pro v6.0 to v6.1 or Local Recovery Pro v6.0 to v7.0). The Parties agree that Altiris may configure Local Recovery Pro such that it only works on HP Hardware
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