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SAMSUNG NON-CIRCUMVENTION AGREEMENT
This Agreement ("Agreement") is made this 15th day of April, 1999 by
and between Summus, Ltd. ("Summus") and High Speed Net Solutions ("HSNS").
Whereas Summus and HSNS have entered into an agreement granting HSNS
certain exclusive and non-exclusive rights, and have entered into a letter of
intent granting HSNS certain agent rights in connection with Samsung in certain
of Summus' products;
Whereas Summus acknowledges that HSNS has opened a discussion with
Samsung that may result to the mutual benefit of Summus and HSNS.
NOW THEREFORE, in consideration of the mutual covenants herein
contained, Summus and HSNS, intending to be legally bound by the provisions
hereof, hereby agree as follows:
1. Summus, Ltd., its principals, employees, associates, and
agents shall not independently of High Speed Net Solutions,
Inc. ("HSNS"), directly or indirectly, pursue a business
relationship with Samsung related to Summus' products,
technology, or related intellectual property for a period of
one (1) year beginning as of April 15th, 1999.
2. Summus, Ltd., shall be a signatory to all contracts pertaining
to Summus' products, technology and intellectual property in
the event such products, technology and related intellectual
property are not within the rights granted by the Marketing
License Agreement effective as of March 31, 1999 ("Marketing
License Agreement").
3. Nothing in this Non-Circumvent Agreement will extend, limit or
otherwise change the rights granted in the Marketing License
Agreement. In the event of a conflict between this
Non-Circumvent Agreement and the Marketing License Agreement,
the Marketing License Agreement shall take precedence.
Summus, Ltd. High Speed Net Solutions, Inc.
/s/ Xxxxxx Xxxxxxx
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Xxxxxx Xxxxxxx Xxxxx X. Xxx
Chief Operating Officer President
