Preferred Partner Access Clause Samples

Preferred Partner Access. Compaq will receive preferred ------------------------ partner access to the Licensed Software as set forth below: (a) Altiris agrees not to provide the Licensed Software or associated User Documentation or Training Documentation to any Intel-compatible Server OEM from the Effective Date until six (6) months after the delivery to Compaq of Gold Software for the Licensed Software delivered under Quick Silver [*]. (b) The foregoing [*] only applies to the Licensed Software as delivered under this Agreement. It does not apply to Altiris' other products that are not used for the deployment or redeployment of Compaq Products or products similar thereto, which other products are freely distributable. (c) The foregoing [*] excludes Altiris' existing agreements with any entity with annual revenues of less than $1 billion. (d) The foregoing [*] also only applies to OEM Distributions, where "OEM Distributions" are distributions of the Licensed Software that is Bundled or Pre-installed with an Intel Compatible Server without additional charge to the customer and as a standard part of a SKU, not as an add-on. Altiris is not required to include restrictions on its general commercial sales or licenses of the Licensed Software or any component thereof unless those commercial sales or licenses are to an Intel-compatible Server OEM. OEM Distributions do not include distributions by Altiris. OEM Distributions also do not include distributions by an Altiris distributor or reseller where the Licensed Software is either not Bundled or Pre-installed or where the Licensed Software is provided other than as a standard part of a SKU or is an add-on. As used in this Section 4.4, the definition of "Bundled or Pre-installed" as set forth in Section 1.20 is amended by substituting each reference to the term "Compaq Product" or "Compaq Products" with the term "Intel Compatible Server" or "Intel Compatible Servers."