Preferred Partner Distribution Sample Clauses

Preferred Partner Distribution. (a) If Compaq distributes any software competitive with the Licensed Software, then Compaq must also distribute the Licensed Software in that same distribution transaction. The sole recourse and remedy of Altiris for any breach of this Section 4.5 shall be that Altiris' obligations under Section 4.4 terminate. (b) Further, if during any six-month period (measured on a rolling basis each calendar month) Compaq sells, distributes or licenses more units in total and by any method (measured using an equivalent unit) of any software competitive with the Licensed Software, then Altiris' obligations under Section 4.4 terminate. (c) For the purposes of this Section 4.5, software is competitive if it actually deploys or redeploys a Compaq Product (but excluding the Compaq software existing as of the Effective Date and any updates, maintenance releases, or new versions, to the extent such new versions are based on Compaq technology and not technology acquired from third parties other than consultants or independent contractors). (d) Moreover, Section 4.4 shall terminate upon Compaq acquiring an entity that is a licensor of software that deploys or redeploys Intel Compatible Servers and subsequently distributing and marketing such software as a solution for the deployment or redeployment of Intel Compatible Servers.