Altiris Inc Sample Contracts

ALTIRIS, INC. 2002 Stock Plan
Stock Option Agreement • February 25th, 2002 • Altiris Inc • Utah
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ALTIRIS, INC.
Underwriting Agreement • May 6th, 2002 • Altiris Inc • Services-prepackaged software • New York
ALTIRIS, INC. 2002 STOCK PLAN
Stock Option Agreement • May 21st, 2002 • Altiris Inc • Services-prepackaged software • Delaware
LANDLORD: TENANT:
Lease Agreement • August 11th, 2005 • Altiris Inc • Services-prepackaged software
Exhibit 4.2B ALTIRIS, INC. FIRST AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT May 2, 2002 TABLE OF CONTENTS -----------------
Investors' Rights Agreement • May 6th, 2002 • Altiris Inc • Services-prepackaged software • Delaware
ALTIRIS, INC.
Indemnification Agreement • May 6th, 2002 • Altiris Inc • Services-prepackaged software • Delaware
AMENDMENT NUMBER 3 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • May 17th, 2002 • Altiris Inc • Services-prepackaged software
5,000,000 Shares ALTIRIS, INC. Common Stock, Par Value $0.0001 UNDERWRITING AGREEMENT
Underwriting Agreement • July 28th, 2003 • Altiris Inc • Services-prepackaged software • New York
AGREEMENT AND PLAN OF MERGER AMONG SYMANTEC CORPORATION, ATLAS MERGER CORP. AND ALTIRIS, INC.
Agreement and Plan of Merger • January 29th, 2007 • Altiris Inc • Services-prepackaged software • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of January 26, 2007 (the “Agreement Date”) by and among Symantec Corporation, a Delaware corporation (“Acquiror”), Atlas Merger Corp., a Delaware corporation and a wholly owned subsidiary of Acquiror (“Merger Sub”), and Altiris, Inc., a Delaware corporation (the “Company”).

ALTIRIS, INC. 2002 STOCK PLAN
Restricted Stock Purchase Agreement • August 11th, 2005 • Altiris Inc • Services-prepackaged software
AMENDMENT NUMBER 3 TO SOFTWARE LICENSING AGREEMENT
Software Licensing Agreement • August 9th, 2004 • Altiris Inc • Services-prepackaged software

This Amendment Number 3 to Software License Agreement (“Amendment”), dated May 25, 2004, (the “Effective Date”) amends the terms of the Software License Agreement (as amended, the “Agreement”) between Altiris, Inc., a Delaware corporation having a principal place of business at 588 W. 400 South, Lindon, Utah 84042 (“Licensor”), and Dell Products L.P. dated April 26, 2002. Unless specifically modified or changed herein, the terms and conditions of the Agreement shall remain in effect. In the event of a conflict or inconsistency between the terms and conditions contained in this Amendment and the Agreement, the terms and conditions contained in this Amendment shall prevail. Capitalized terms not specifically defined in this Amendment shall have the meanings set forth in the Agreement.

AMENDMENT NUMBER 4 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • March 16th, 2007 • Altiris Inc • Services-prepackaged software

This Amendment Number 4 to the License and Distribution Agreement (the “Amendment”), dated September 27, 2006 (the “Effective Date”), amends the terms of the License and Distribution Agreement, dated August 2001, including any and all previous amendments thereto (the “Agreement”) by and between Altiris Inc., a Delaware corporation having its principal of place of business at 588 West 400 South, Lindon, Utah 84042 (“Altiris”) and Hewlett-Packard, a Delaware corporation having its principal place of business at 3000 Hanover Street, Palo Alto, California 94304 (“HP”) (individually, the “Party,” collectively, the “Parties”). Unless specifically modified or changed herein, the terms and conditions of the Agreement shall remain in effect. In the event of a conflict or inconsistency between the terms and conditions contained in this Amendment and the Agreement, the terms and conditions contained in this Amendment shall prevail.

THIRD AMENDMENT to LEASE AGREEMENT DATED DECEMBER 31, 2001 [Canopy Properties, Inc. / Altiris, Inc.]
Lease Agreement • July 31st, 2003 • Altiris Inc • Services-prepackaged software

This THIRD AMENDMENT is entered into as of the twentieth (20th) day of May, 2003 between Canopy Properties, Inc. (“Landlord”) and Altiris, Inc. (“Tenant”).

COMPAQ/ALTIRIS CONFIDENTIAL AMENDMENT NUMBER 1
Altiris Inc • March 7th, 2002 • Services-prepackaged software
AMENDMENT TWO TO SOFTWARE LICENSING AGREEMENT
Software Licensing Agreement • May 10th, 2004 • Altiris Inc • Services-prepackaged software

This Amendment Two to the Software Licensing Agreement (the “Amendment”) dated February 28, 2004 (the “Effective Date”) shall serve to amend the Software Licensing Agreement dated April 26, 2002, including any and all previous amendments thereto (the “Agreement”) by and between Altiris, Inc., a Delaware corporation (“Licensor”) and Dell Products L.P (“Dell”).

AMENDMENT NUMBER 9 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • August 9th, 2004 • Altiris Inc • Services-prepackaged software

This Amendment Number 9 to License and Distribution Agreement (the “Amendment”) is entered into as of June 30, 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”). In this Amendment, Altiris and HP each also be referred to as a “Party” or collectively as the “Parties.”

ALTIRIS, INC.
Sample Subscription Agreement • February 25th, 2002 • Altiris Inc
ALTIRIS, INC. EMPLOYMENT AGREEMENT
Employment Agreement • July 28th, 2006 • Altiris Inc • Services-prepackaged software • Utah

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of July 28, 2006, between Altiris, Inc., a Delaware corporation (the “Company”), and Gregory S. Butterfield (“Executive”).

Amendment No. 1 To Compaq Development Items License Agreement Between Altiris Incorporated And Compaq Computer Corporation
Altiris Inc • July 31st, 2003 • Services-prepackaged software

WHEREAS, Altiris and Compaq have entered into a Development License Agreement (hereinafter called “Agreement”) dated August 23, 2001; and

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SIXTH AMENDMENT to LEASE AGREEMENT DATED DECEMBER 31, 2001 [Canopy Properties, Inc. / Altiris, Inc.]
Lease Agreement • August 9th, 2004 • Altiris Inc • Services-prepackaged software

This SIXTH ADMENDMENT is entered into as of the fifth (5th) day of May, 2004 between Canopy Properties, Inc. (“Landlord”) and Altiris, Inc. (“Tenant”).

AMENDMENT NUMBER 11 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • March 16th, 2007 • Altiris Inc • Services-prepackaged software

This Amendment Number 11 to License and Distribution Agreement (the “Amendment”) is entered into as of April ___, 2006 (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”).

Amendment No. 7 to the Software Licensing Agreement DELL/ALTIRIS OMCI INTEGRATION AND DCM DISTRIBUTION
Altiris Inc • March 16th, 2007 • Services-prepackaged software

This Amendment No. 7 (“Amendment”) to the Software Licensing Agreement (“Agreement”) between Dell Products L.P., a Texas limited partnership located at One Dell Way, Round Rock, Texas 98682 (“Dell”) and Altiris Inc. (“Altiris”) a Delaware corporation with its principal place of business at 588 W. 400 South, Lindon, Utah 84042 effective as of the 26th day of April, 2002 hereby incorporates by reference the following provisions of the Agreement and any and all proceeding Amendments: hereby incorporates by reference the following provisions of the Agreement: Sections 2.3 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 3.5, 4.0-4.2, 5.0-5.8 (including any corresponding services schedule), 6.4, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1 (excluding the reference to a refund), 8.2, 9,2, 9.3, 10.1 and 10.2, (provided that the limitation of liability under this Amendment No, 7,as pertains to Section 10.2 of the Agreement), shall not exceed [*], For the avoidance of ambiguity, references in the Agreement

AMENDMENT NUMBER 7 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • August 9th, 2004 • Altiris Inc • Services-prepackaged software

This Amendment Number 7 to License and Distribution Agreement (the “Amendment”) is entered into as of April 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”).

AMENDMENT ONE TO SOFTWARE LICENSING AGREEMENT
To Software • March 15th, 2004 • Altiris Inc • Services-prepackaged software

This Amendment One to Software Licensing Agreement (the “Amendment”) dated June 18, 2003 (the “Effective Date”) shall serve to amend the Software Licensing Agreement dated April 26, 2002 (the “Agreement”) by and between Altiris, Inc., a Delaware corporation (“Licensor”) and Dell Products L.P (“Dell”).

ALTIRIS, INC. 2002 STOCK PLAN RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • August 7th, 2006 • Altiris Inc • Services-prepackaged software • Utah

The grantee named below (“Grantee”) has been granted restricted stock units (“RSUs”), which are the right to acquire common stock (the “Common Stock”) of Altiris, Inc. (the “Company”) at the time of vesting provided certain conditions are met. RSUs are subject to the terms and conditions set forth in this Restricted Stock Unit Agreement and Exhibit A hereto. Unless otherwise defined herein, the terms defined in the 2002 Stock Plan (the “Plan”) shall have the same defined meanings in this Restricted Stock Unit Agreement. The following is a summary of the terms of the grant:

COMPAQ/ALTIRIS CONFIDENTIAL AMENDMENT NUMBER 1
Altiris Inc • May 6th, 2002 • Services-prepackaged software
TO
License and Distribution Agreement • May 6th, 2002 • Altiris Inc • Services-prepackaged software
AMENDMENT NUMBER 2 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • November 13th, 2003 • Altiris Inc • Services-prepackaged software

This Amendment Number 2 to License and Distribution Agreement (the “Amendment”) is entered into as of September 12, 2003 (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, successor in interest to Compaq Computer Corporation (“HP”) (individually, the “Party;” collectively, the “Parties”).

NINTH AMENDMENT to LEASE AGREEMENT DATED DECEMBER 31, 2001 [Canopy Properties, Inc. / Altiris, Inc.]
Lease Agreement • June 23rd, 2006 • Altiris Inc • Services-prepackaged software

This Ninth ADMENDMENT is entered into as of the twenty-fifth (25th) day of April 2006 between Canopy Properties, Inc. (“Landlord”) and Altiris, Inc. (“Tenant”).

AMENDMENT NUMBER 5 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • July 28th, 2003 • Altiris Inc • Services-prepackaged software

This Amendment Number 5 to License and Distribution Agreement (the “Amendment”) is entered into as of April 30, 2003 (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”).

ALTIRIS, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • February 25th, 2002 • Altiris Inc • Delaware
AMENDMENT NUMBER 4 TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • July 28th, 2003 • Altiris Inc • Services-prepackaged software

This Amendment Number 4 (“Amendment 4”) to the License and Distribution Agreement (“Agreement”), dated November 12, 1999, is entered into and is effective as of the 15th day of April, 2003 (“Effective Date”) by and between Hewlett-Packard Company (“HP”), a Delaware corporation having a place of business at 20555 S.H. 249, Houston, Texas 77070 and Altiris, Inc. (“Altiris”), a Delaware corporation having its principal place of business at 588 W. 400 South, Lindon, Utah 84042 (collectively, the “Parties”).

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