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Strategic Relationship and Software License Agreement

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Title:

Strategic Relationship and Software License Agreement

Entities:

Clearcommerce Corp

Date:

2000

Size:

Preview shows 2KB of 10KB total

Price:

$34

ID:

#1254080

► Licensing ► Licenses ► Software ► Strategic Relationship & Software License Agreements

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                                 AMENDMENT #1

                                      TO

             STRATEGIC RELATIONSHIP AND SOFTWARE LICENSE AGREEMENT

                    BY AND BETWEEN HEWLETT-PACKARD COMPANY

                         AND CLEARCOMMERCE CORPORATION

                           DATED SEPTEMBER 30, 1999



WHEREAS, Hewlett-Packard Company ("HP") and ClearCommerce Corporation

("ClearCommerce") have entered into a Strategic Relationship and Software

License Agreement dated September 30, 1999 (the "Agreement"); AND



WHEREAS, HP and ClearCommerce desire to amend the Agreement;



NOW THEREFORE, in consideration of the mutual covenants contained herein, the

parties hereby agree to amend the Agreement as follows:



1) Section 5.4.  Delete the title and text of this Section and Exhibit F of the

   ------------                                                ---------

Agreement and replace with the following language:



"HP Access to Program Source Code. ClearCommerce shall deliver to HP a complete

---------------------------------

copy of the Program source code and all associated documentation ("Source Code

Materials"), at no charge, within ten (10) days from the date of HP's request,

under the following conditions: (i) termination of this Agreement by HP under

Section 10.2 ("Termination for Breach") due to a material breach by

ClearCommerce of its Program support obligations and the failure of

ClearCommerce to cure such breach within thirty (30) days of HP's giving written

notice to ClearCommerce, (ii) ClearCommerce ceases to do business in the normal

course or enters into any proceeding in bankruptcy or insolvency, whether

voluntary or involuntary; however this condition will not apply if

ClearCommerce continues to perform its Program support obligations under the

Agreement; or (iii) termination of this Agreement by HP under Section 13.6

("Assignment"); however this condition will not apply if the new entity commits

in writing to providing support in accordance with the Agreement for new and

existing Program licensees for which HP has support obligations for a period of

up to three (3) years from the date of termination.

End of Preview

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