Exhibit 10.16.1
AMENDMENT TO STANDARD INBOUND LICENSE AGREEMENT
This is the First Amendment, effective April 2, 1999 (the "Amendment") to
the Standard Inbound License Agreement, effective September 30, 1998 (the
"Agreement"), between NetObjects, Inc. with an address at 000 Xxxxxxxxx Xxxxx,
Xxxxxxx Xxxx, Xxxxxxxxxx 00000 ("NETOBJECTS") and Novell, Inc. with an address
at 000 Xxxx 0000 Xxxxx, Xxxxx, Xxxx 00000 ("NOVELL").
In consideration of the covenants and agreements contained herein, the
parties hereto agree to amend the Agreement as follows:
1. NetObjects hereby grants Novell the right to add one of the following
products, at Novell's sole discretion, to the Agreement as a Licensed
Work: NetObjects ScriptBuilder, or NetObjects BeanBuilder ("Additional
Product"). Distribution of the Additional Product shall be solely as
bundled with a single Novell product offering (including without
limitation all versions and releases of the offering, ports to other
platforms, translations, and/or localizations, whether such versions and
releases are created, marketed, distributed, and/or sold by Novell or
third parties), to be determined at Novell's sole discretion, except
that Novell shall be free to distribute updates, upgrades (that are made
Generally Available to customers free of charge), replacement copies,
Error Corrections, and fixes on a stand-alone basis, including
electronic distribution.
2. Paragraph 1 of Section 1 of Exhibit G is hereby deleted in its entirety and
replaced with the following:
Subject to the terms of this Agreement and specifically Section 8.b, Novell
shall pay Company $[***] per each NWSB sold that includes the Licensed Work
(referred to as a "Copy", for the purposes of this Exhibit G) with the
exceptions that Novell shall pay Company $[***] for each of the first 5,791
Copies sold under this Agreement.
Novell shall pay NetObjects One Dollar ($[***]) in consideration for the
licenses granted Novell to the Additional Product and any related
obligations of NetObjects under the Agreement. This payment shall be the
sole and complete consideration required of Novell in connection with the
Additional Product.
The Agreement remains in full force and effect in accordance with its
terms, except as such terms have been expressly modified by this Amendment. In
the event of any conflict between the terms of this Amendment and the terms of
the Agreement, this Amendment shall control. This Amendment constitutes the
entire understanding of the parties with respect to its subject matter and
merges and supersedes all prior communications, understandings and agreements
between the parties concerning the subject matter hereof. This Amendment shall
not be modified except in writing subsequently dated, signed on behalf of each
party by a duly authorized representative.
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*** Portions of this exhibit have been omitted and filed separately with the
Commission pursuant to a request for confidential treatment under Rule 406.
Executed by the authorized representatives of the parties as of the date
set forth above.
NETOBJECTS, INC. NOVELL, INC.
BY: /s/ Xxxx Xxxxxx BY: /s/ Xxxx Xxxxx Xxxx
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NAME: Xxxx Xxxxxx NAME: Xxxx Xxxxx Xxxx
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TITLE: Sr. V.P. Sales & Corp. Marketing TITLE: Dir. Corp. Development
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DATE: 4/2/99 DATE: 4/2/99
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