Exhibit 10.2.3
Amendment Number 2 to
Information Distribution License Agreement
By and Between
Standard and Poor's XxxXxxxx Inc.
And
iWon Inc. (now known as The Excite Network Inc.)
This Amendment Number 2 to the Information Distribution License Agreement dated
January 13, 2000, is entered into by and between Standard and Poor's Xxxxxxxx,
Inc. ("S&P Xxxxxxxx") and The Excite Network, Inc. (formerly known as Iwon, Inc)
("iWon") and is effective as of the Effective Date designated below.
Whereas, S&P Xxxxxxxx and iWon previously entered into an Information
Distribution License Agreement dated January 13, 2000 (as amended, the
"Agreement"), and Amendment No. 1, effective December 1, 2001, the terms of
which they now desire to amend; and
Now therefore, in consideration of the mutual covenants of the parties, and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Rights Granted:
In addition to the rights granted to iWon pursuant to the Agreement, S&P
Xxxxxxxx now grants iWon the right to distribute, pursuant to the terms
and conditions set forth in the Agreement, Dow Xxxxx Indices, NASDAQ
indices, and CME indices ("Real-time Indices") on a real-time basis via
its websites at the following addresses: Xxxx.xxx, xxxxxx.xxx and
xxxxx.xxx.
2. Fees:
S&P Xxxxxxxx hereby waives the license fees for iWon to distribute the
Real-time Indices via xXxx.xxx and Xxxxxx.xxx. The license fee for iWon's
right to distribute the Real-time Indices via xxx.xxxxx.xxx, shall be [*]
Dollars ($[*]) per month for the first three months following the
Effective Date hereof, and [*] Dollars ($[*]) per month thereafter.
3. Termination:
In addition to the termination rights granted in the Agreement, iWon may
terminate this Amendment Number 2, as it applies to xxx.xxxxx.xxx upon
sixty (60) days prior written notice to the other. Upon termination of
this Amendment Number 2, iWon shall cease payment hereunder (except for
those fees due and payable prior to termination hereof), S&P Xxxxxxxx
shall cease providing the Real-time Indices and iWon shall cease the
distribution of the Real-time Indices hereunder.
4. Effective Date
Amendment No. 2 - 1
[*] Indicates that certain information in this exhibit has been omitted and
filed separately with the Securities and Exchange Commission. Confidential
treatment has been requested with respect to the omitted portions.
SF1:553524.2
The Effective Date of this Amendment Number 2 is December 1, 2002.
Except as otherwise provided for in this Amendment number 2, the terms and
conditions of the Agreement shall continue in full force and effect.
AGREED AND ACCEPTED BY:
iWon (now known as THE EXCITE S&P COM STOCK
NETWORK INC.)
By: /s/ Xxxxxxx Primani By: /s/ Xxxxxxx X. Xxxxx
Name: Xxxxxxx Primani Name: Xxxxxxx Xxxxx
Title: VP, Content Title: VP-Sales
Date: 11/20/02 Date: 1/14/03
Amendment No. 2 - 2
[*] Indicates that certain information in this exhibit has been omitted and
filed separately with the Securities and Exchange Commission. Confidential
treatment has been requested with respect to the omitted portions.
SF1:553524.2
