EX-10.4
5
vitalstream_ex104.htm
PARTICIPATION AGREEMENT
Exhibit
10.4
July
19,
2004
TAP
Framework
Participation Agreement
Microsoft
Corporation ("Microsoft") and you (as identified in the signature box below)
hereby agree to the following terms for your participation in Microsoft's
Technology Adoption Programs ("TAP") framework:
1. Overview.
1.1. Purpose.
The TAP
framework centralizes administration of many programs that include intensive
testing and evaluation of Microsoft technologies. TAP framework programs
facilitate deployment of Microsoft technologies, generate feedback for further
technology development, provide the basis for case studies and other valuable
marketing materials and activities, and provide companies that take part with
an
opportunity to obtain a greater understanding and awareness of the architecture
and capabilities of the technologies covered.
1.2. Process.
Microsoft will make available to you information about TAP framework programs.
However, you may not be invited to join every TAP framework program. The
Microsoft product group or other Microsoft organization that sponsors a given
TAP framework program will determine which TAP framework participants it wishes
to invite to take part in its program. These decisions will be based in part
on
the respective qualifications of TAP framework participants interested in taking
part and the number of opportunities for taking part in a given program. A
sponsoring group may have additional criteria and/or processes for determining
the TAP framework participants that are best suited for its program, gathered
by
(for example) submitting requests for information, engaging in interviews,
or
reviewing preliminary expressions of interest. If you seek to take part in
a
particular TAP framework program, you will need to respond to the sponsoring
group's requests for information regarding the nature and extent of your
interest and the resources that you are prepared to commit to make your
involvement in that program meaningful and successful, both for you and the
sponsoring group.
1.3. Taking
Part in Programs.
Each
group sponsoring a TAP framework program will determine which TAP framework
participants it would like to invite to take part in its program. Your being
asked whether you have an interest in a program, or to apply formally to a
program, is not the same as being invited or accepted into that program. If
you
are invited to take part in a program and confirm your desire to do so, your
association with that program will proceed according to the applicable terms.
of
this agreement, the program description applicable to the program, the end
user
license agreement ("XXXX") and any supplemental license for technologies covered
by the program (as described in section 2), and such other documentation as
may
apply to that program. If you are offered the opportunity to take part in a
program, you may decide not to respond to such opportunity, in which case the
sponsoring group will interpret that choice as your having declined the
opportunity.
1.4. TAP
Web Site.
Microsoft expects to administer TAP framework programs primarily through an
extra net website accessible through xxxx://xxx.xxxxxxxxx.xxx. This site will
include a description of programs covered by the TAP framework. Together with
this
participation agreement, the program descriptions of the programs that
are
published on the TAP site and associated program documentation will govern
the
elements, participation, duration, and specifics of administration of each
program.
2. Technology
Licensing.
Your use
of any Microsoft technology made available under a TAP framework program will
be
governed by the terms and conditions of the XXXX(s), including any supplemental
license(s) that Microsoft provides for that technology. The sponsoring group
for
a program will endeavor to provide a copy of the relevant license(s) when it
provides the program description, but may not be able to do so in all instances.
If you elect not to accept the terms of the license(s) applicable to Microsoft
technologies covered by a program in which you are taking part, you will be
deemed to have withdrawn from that program. As an exception to the preceding
sentence, your election not to accept a supplemental license will not be deemed
an election to withdraw from the applicable program, but you will not have
any
of the rights granted under that supplemental license (and you should be aware
that such rights are sometimes necessary for successful participation in a
particular program). In addition, if there is any conflict between other terms
of this agreement and a XXXX or a supplemental license, the terms of the XXXX
and/or supplemental license will apply with regard to your use of the applicable
technology.
3. Confidentiality.
3.1. Existing
NDA.
If you
have an existing non-disclosure agreement with Microsoft, its terms will
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govern
Confidential Information exchanged during your participation in the TAP
framework. We must agree to the use of the existing non-disclosure agreement
and
a copy of it must be attached to this agreement at the time of signing. If
we do
not have an existing non-disclosure agreement that we both agree should apply
to
your participation in the TAP framework, section 3.2 will apply.
3.2. Confidential
Information.
Confidential Information means nonpublic information that one of us, or one
of
our affiliates, designates as being confidential or which, under the
circumstances surrounding disclosure ought to be treated as confidential. Each
of us must refrain from disclosing any Confidential Information of the other
for
five years following the date of disclosure. However, that Confidential
Information may be disclosed in accordance with a judicial or other governmental
order, if the receiving party either: (a) gives reasonable notice of such
disclosure to allow the other party a reasonable opportunity to seek a
protective order or its equivalent, or (b) obtains written assurance from the
applicable judicial or governmental entity that it will afford the Confidential
Information the highest level of protection afforded under applicable law or
regulation. Each of us is free to use for any purpose the residuals resulting
from access to or work with Confidential Information, however, the receiving
party may not disclose the Confidential Information except as expressly
permitted pursuant to the terms of this agreement. This sub-paragraph does
not
grant a license to the receiving party under the disclosing party's copyrights
or patents. The term "residuals" means information in intangible form, which
is
retained in memory by persons who have had access to the Confidential
Information, including ideas, concepts, know-how, or techniques contained
therein. The receiving party shall not have any obligation to limit or restrict
the assignment of such persons or to pay royalties for any work resulting from
the use of residuals. If you are a government entity subject to public records
laws, we agree that any Microsoft technology made available to you under this
agreement constitutes Microsoft trade secret information or similarly-designated
information exempt from disclosure to the maximum extent permitted under public
records law.
4. Publicity
Opportunities.
4.1. Generally.
A TAP
framework program may include various publicity-related activities, as described
in its program description. If you take part in a program that results in the
creation of documentation of these publicity activities, the following terms
apply:
(a) Microsoft
may film, photograph, interview and tape record, as appropriate, your business
operation and relevant employees, in creating the documentation. Microsoft
may
publish the documentation in any media, including television, film, videotapes,
CDs, DVDs, audio recordings, print publications, keynote or presentations by
Microsoft, the Internet and World-Wide-Web. Microsoft is not obligated to use
the documentation.
(b) Microsoft
owns the documentation (except for any of your names or trademarks, service
marks, logos, or other identifying information incorporated into the
documentation). To the extent you own rights to any part of the documentation,
including your name or any of your trademarks, service marks, logos, or other
identifying marks incorporated in the documentation, you grant Microsoft a
non-exclusive, royalty-free, perpetual, worldwide license to use, distribute,
duplicate, perform, transmit, print, display, and exhibit the documentation,
in
whole or part, and in any form and medium, for marketing and promotional
purposes.
(c) Microsoft
will have the right to review and approve your proposed use of the
documentation, which approval will not be unreasonably withheld or delayed.
Microsoft will provide you with a copy of all documentation prior to its first
public release. You agree to review documentation, when provided to you, for
factual accuracy and prevention of the release of any of your Confidential
Information (as defined in the NDA applicable to your participation in the
TAP
Framework or described in section 3). You also agree that your approval of
any
reviews will not be unreasonably withheld, and will be completed within ten
(10)
business days after you receive the documentation. In the case of audiovisual
publications containing documentation, you agree to grant or deny any requested
approvals during taping. If Microsoft. receives your request for correction
of
errors and/or removal of Confidential Information within the 10-day time frame,
Microsoft will use commercially reasonable efforts to incorporate those
requested changes into the documentation before it is publicly
released.
(d) For
any
program in which you take part that has publicity related aspects, you may
elect
to terminate your involvement in those aspects of the program by giving
forty-five (45) days' prior notice to Microsoft, as outlined in section
10.2.
4.2. Publicity
Release Confidential Information.
As long
as the opportunity for review is given to you prior to any public release of
the
documentation by Microsoft, (a) you are solely responsible for bringing to
Microsoft's attention any of your Confidential Information and requesting its
removal; (b) Microsoft will not be held responsible for the release of your
Confidential Information if you did not previously request its removal; and
(c)
you will indemnify
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and
hold
Microsoft harmless from any third party claim related to disclosure of your
Confidential information, if you did not previously request its
removal.
5. Termination
or Withdrawal from a Program.
Your
taking part in a program is always voluntary for both you and Microsoft. Except
as provided in section 4, you may elect to withdraw from any TAP framework
program at any time. Similarly, Microsoft may discontinue your association
with
any TAP framework program at any time. If a given program ends, or if you
withdraw from that program, or if Microsoft elects to discontinue your
association in the program, then both parties' rights and responsibilities
with
respect to that program will terminate, except that Microsoft's rights with
respect to documentation will continue as described in section 4. Any expiration
or termination will not necessarily affect your status generally as a TAP
framework participant, but will terminate the XXXX and any supplemental
license(s) applicable to the Microsoft technology in the affected program (such
termination will not affect terms and conditions that are expressly identified
in as surviving termination).
6. Termination
of TAP Framework Participant Status.
Except
as provided in section 4, we may each terminate this agreement upon five (5)
days' prior written notice to the other party, including email notice to the
contacts/addresses listed in section 10.2. Termination of your status as a
TAP
framework participant will not affect your ability to remain in any TAP
framework program in which you are taking part as of the termination date.
Subject only to section 5, you may continue to take part in any such program
until it is otherwise completed. In addition, if this agreement, or your
involvement in any particular program, is terminated, sections 2 through 7
will
continue to apply.
7. Assignment.
7.1. Generally.
Subject
only to section 7.2, this agreement is binding upon and inures to the benefit
of
each of our respective successors and lawful assigns. Either of us may assign
this agreement at any time to an affiliated company; otherwise, this agreement
may not be assigned, by agreement, operation of law, or otherwise, without
the
prior, written approval of the other party.
7.2. Other
Relationships.
Some TAP
framework programs contemplate that you will work with other companies that
are
not participants in the TAP framework in testing, evaluating, deploying or
providing feedback on a Microsoft technology. If you take part in such a
program, its program description will specify the extent to which you may assign
your rights and responsibilities with respect to those companies for that
particular program.
8. Program
Limitations and Warranties.
8.1. Program
Limitations and Our Warranties.
Your
effort and resulting performance are completely under your control. We do not
guarantee your satisfaction with the program or your results. Except for loss
and damage which cannot be limited or excluded under applicable law, (a) the
Microsoft materials we provide you are "AS IS," and are provided without any
other warranties of any kind and (b) WE DISCLAIM ON OUR OWN BEHALF AND ON BEHALF
OF OUR AFFILIATES AND SUPPLIERS ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS
OR IMPLIED. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY and FITNESS FOR A
PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING
OR
USAGE OF TRADE. You must defend, indemnify and hold our affiliates and us
harmless from any claim (including without limitation, reasonable attorney's
fees) arising from your acts or omissions (and those of your agents) relating
to
your performance of this agreement. This limited warranty gives you specific
legal rights. You may have others which vary by state/ jurisdiction. For
purposes of this section, when we use "warranty," we include any other
applicable terms or conditions.
8.2. Your
Warranties.
You
represent that you will obtain sufficient permissions from your employees and/or
contractors to grant the rights described in section 4.
9. Disclaimers
and Limitations of Liability.
9.1.
Disclaimer
of Damages/Limitation of Remedies.
IN THE
ABSENCE OF FRAUD OR GROSS NEGLIGENCE, AND EXCEPT WITH REGARD TO A BREACH OF
THE
TERMS OF SECTION 3, NEITHER OF US WILL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATED
TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY SUPPORT SERVICES PROVIDED
UNDER THE TAP FRAMEWORK FURTHER, THE SOLE REMEDY THAT EACH OF US MAY HAVE FOR
ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING ANY SUPPORT
SERVICES PROVIDED UNDER THE TAP FRAMEWORK, BUT EXCLUDING CLAIMS RELATED TO
BREACH OF A XXXX OR THE TERMS OF SECTION 3) IS TO TERMINATE THIS
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AGREEMENT
AND/OR YOUR ASSOCIATION WITH A GIVEN TAP FRAMEWORK PROGRAM. THESE TERMS APPLY
REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM.
THIS LIMITATION OF REMEDIES OR LIABILITY IS ENFORCEABLE TO THE MAXIMUM EXTENT
PERMITTED BY LAW. Our liability for loss or damage of any kind (including loss
or damage caused by negligence) is reduced to the extent that you or your agents
caused or contributed to that loss or damage.
9.2. Consumer
Rights.
Nothing
in this agreement is intended to limit the rights of a consumer, as may be
defined by applicable law. To the extent necessary, this agreement is considered
to be modified to reflect this intention. Consumers may have the benefit of
certain rights or remedies which may not be excluded under applicable law.
If
so, then to the maximum extent permitted by law, our liability is limited,
at
our option either to (a) resupply the services or (b) the reasonable cost to
resupply the services.
10.
Additional
Terms.
10.1. Expenses;
Duration.
Except
as modified or deleted by the program description for a particular program,
we
agree that: (a) we will each be responsible for our own expenses in connection
with the TAP framework and any particular TAP framework program; and (b) the
Microsoft group sponsoring a program may, at its discretion, change its duration
or its start or end date.
10.2. Notices.
Notices
may be provided either by electronic mail or physical mail. We designate the
following individual(s) to receive notices:
|
You:
| |
Microsoft:
|
|
Name:
| Xxxx Xxxxxx | | Name: | TAP
Director |
| Email:
| xxxxx@xxxxxxxxxxx.xxx | | Email: | xxxxxxxx@xxxxxxxxx.xxx |
| Fax:
| 000-000-0000 | | Fax: | 000-000-0000 |
| Telephone: | 000-000-0000 | | Telephone: | 000-000-0000 |
|
Address:
|
Xxx Xxxxxx, Xxxxx 000
Xxxxxx,
XX 00000
| | Address: |
Xxx
Xxxxxxxxx Xxx
Xxxxxxx,
XX 00000
|
| | | | | |
| Name: | Art Sida | | Name: | LCA |
| Email: | xxxxx@xxxxxxxxxxx.xxx | | Email: | N/A |
| Fax:
| 000-000-0000 | | Fax: | 000-000-0000 |
| Telephone:
| 000-000-0000 | | Telephone: | 000-000-0000 |
|
Address:
|
Xxx Xxxxxx, Xxxxx 000
Xxxxxx,
XX 00000
| | Address: |
Xxx Xxxxxxxxx Xxx
Xxxxxxx, XX 00000
|
We
may
each specify substitutions of the foregoing individuals by giving written notice
in accordance with this section.
10.3. Government
Participation.
If you
are a government (including any specific agency or other entity of a
government), you agree that any technology or services provided in any
particular program are for your sole use and benefit of the government and
are
not provided to or for any individual government employee. As there may be
legal
restrictions on your ability to provide or participate in publicity activities
or related program requirements, we agree to negotiate in good faith an
amendment to conform specific program requirements related to publicity to
your
legal requirements.
10.4. Order
of Precedence.
With any
inconsistency between these terms and conditions and the TAP web site, the
TAP
web site will prevail over this agreement. When the TAP web site changes, we
will give you notice 30 days before the change(s) takes effect. You agree either
(a) to be bound by those changes or (b) to terminate your participation in
the
TAP framework. To enable flexibility in individual programs, if a program
description includes terms that supplement or conflict with the terms in this
framework agreement or the TAP web site, the terms of the program description
will control with respect to that particular program.
10.5. Non-Microsoft
Technology.
Nothing
in this agreement restricts you from supporting, promoting, distributing, or
using non-Microsoft technology.
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10.6. Language.
We offer
this agreement in several languages. The language version of the agreement
you
accept will control. If you are in Canada, it is the express wish of the parties
that this agreement, and any associated program documentation, be written and
signed in English. C'est la volonté expresse des parties que la présente
convention ainsi que les documents qui s'y rattachent soient rédigés en
anglais.
10.7. Services.
Microsoft Consulting Services and/or Premier Support Services may be provided
to
you under a specific program. These services will be provided to you according
to the terms and conditions of the Microsoft Master Services Agreement or
Microsoft Business Agreement and applicable Statement of Services or under
the
terms and conditions governing PSS support incidents. You may use an existing
MSA or MBA to receive MCS or Premier Support. If you are providing services
to
your customer under a TAP program, the services you provide must be in
accordance with the program documentation.
10.8. Microsoft
Corporation and Affiliates -
Third Party Beneficiaries. You
acknowledge and agree that certain sections of this agreement are for the
express benefit of Microsoft Corporation and its affiliates. As a result,
Microsoft and its affiliates are entitled to require your due performance of
each such provision. This agreement is being entered into by us not only in
our
own right but also as agent and trustee for each of our affiliates. Subject
to
the foregoing, this agreement does not create any enforceable rights by anyone
other than the parties to this agreement.
10.9. Taxes.
If goods
and services, value-added, use or sales tax are payable by us on any supplies
made under this agreement, an amount on account of these taxes will be payable
by you as invoiced to you.
11.
Law.
11.1. Applicable
Law; Attorneys' Fees.
Applicable law, jurisdiction and venue for this agreement are identified in
this
section 11. This choice of jurisdiction and venue does not prevent either party
from seeking injunctive relief with respect to a violation of intellectual
property rights, confidentiality obligations or enforcement or recognition
of
any award or order in any appropriate jurisdiction. If either party commences
litigation in connection with this agreement, the prevailing party will be
entitled to recover its reasonable attorneys' fees, costs and other
expenses.
11.2 Generally.
Except
as provided in section 11.3 below, this agreement is governed by the laws of
the
State of Washington. The parties consent to exclusive jurisdiction and venue
in
the courts sitting in King County, Washington. You waive all defenses of lack
of
personal jurisdiction and forum non conveniens.
11.3. Other
Terms.
If your
principal place of business is in one of the countries or regions listed below,
or if you are a government entity, the corresponding provision applies, which
supersedes section 11.2 to the extent that it is inconsistent:
(a) If
your
principal place of business is in Australia
and its external territories, Malaysia, New Zealand, and
Singapore,
the
following applies:
The
jurisdiction of the courts of King County, Washington is
non-exclusive.
(b) If
your
principal place of business is in Japan,
the
following applies:
Our
agreement shall be construed and controlled by the laws of Japan, and you
consent to exclusive original jurisdiction and venue in the Tokyo District
Court. In any action to enforce any right or remedy under this agreement or
to
interpret any provision of this agreement, the prevailing party shall be
entitled to recover its reasonable attorneys' fees, costs and other
expenses.
(c) If
your
principal place of business is in Afghanistan,
Albania, Algeria, Andorra, Angola, Armenia, Austria, Azerbaijan, Bahrain,
Belarus, Belgium, Benin, Bosnia and Herzegovina, Botswana, Bouvet Island,
Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad,
Comoros, Congo, Cote d'ivoire, Croatia, Cyprus, Czech Republic, Democratic
Republic of Sao Tome and Principe, Denmark, Djibouti, Egypt, Estonia, Ethiopia,
Faeroe Islands, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana,
Gibraltar, Greece, Greenland, Guadeloupe, Guinea-Bissau, Hungary, Iceland,
Ireland, Israel, Italy, Jordan, Xxxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxxxx,
Xxxxxx, Lebanon, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg,
Macedonia, Madagascar, Malawi, Mali, Malta, Mauritania, Mauritius, Moldova,
Monaco, Morocco, Mozambique, Namibia, Netherlands, New Caledonia, Niger,
Nigeria, Norway, Oman, Pakistan, Poland, Portugal, Qatar, Republic of Cape
Verde, Republic of Equatorial Guinea, Republic of Guinea, Republic of Senegal,
Reunion, Romania, Russian Federation, Rwandese Republic, Saint Helena, San
Marino, Saudi Arabia, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia,
Spain, Svalbard and Jan Mayen, Swaziland,
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Sweden,
Switzerland, Tajikistan, Tanzania, Togo, Tunisia, Turkey, Turkmenistan, Uganda,
Ukraine, United Arab Emirates, United Kingdom, Uzbekistan, Vatican City State,
Yemen, Zaire, Zambia, Zimbabwe,
the
following applies:
Our
agreement is governed by and construed in accordance with the laws of Ireland
and you consent to the jurisdiction of and venue in the Irish courts in all
disputes arising out of or relating to this agreement.
(d) If
your
principal place of business is in the People's
Republic of China
(for the
purpose of this agreement, the People's Republic of China does not include
Hong
Kong SAR or Taiwan), the following applies:
Our
agreement shall be construed and controlled by the laws of the People’s Republic
of China, and you consent to submit any dispute arising out of or in relation
to
the agreement and the Addendum to the binding arbitration at the China
International Economic and Trade Arbitration Commission in Beijing (CEITAC)
in
accordance with its rules in effect from time to time.
(e) If
your
principal place of business is in India,
Indonesia, or Thailand,
the
following applies:
Any
dispute arising out of or in connection with this agreement, including any
question regarding its existence, validity or termination, shall be referred
to
and finally resolved by arbitration in Singapore in accordance with the
Arbitration Rules of the Singapore International Arbitration Centre ("SIAC"),
which rules are deemed to be incorporated by reference into this section. The
Tribunal shall consist of one arbitrator to be appointed by the Chairman of
SIAC. The language of the arbitration shall be English. The decision of the
arbitrator shall be final, binding and incontestable and may be used as a basis
for judgment thereon in India, Indonesia, or Thailand (as appropriate), or
elsewhere. The agreement shall be governed by the laws of the State of
Washington, USA.
(f) If
your
principal place of business is in Columbia,
Philippines, Uruguay, or Vietnam,
the
following applies:
All
disputes, claims or proceedings between the parties relating to the validity,
construction or performance of this agreement shall be settled by arbitration
in
accordance with UNCITRAL Arbitration Rules as at present in force. This
appointing authority shall be the International Chamber of Commerce (“ICC”)
acting in accordance with the rules adopted by the ICC for this purpose and
the
place of arbitration will be Seattle, Washington, U.S.A. There shall only be
one
arbitrator. The award shall be final and binding on the parties. The parties
hereto irrevocably agree to submit all matters and disputes arising in
connection with this agreement to arbitration in Washington.
(g) If
your
principal place of business is in Republic
of Korea,
the
following applies:
Our
agreement shall be construed and controlled by the laws of Republic of Korea,
and you consent to exclusive original jurisdiction and venue in the Seoul
District Court. In any action to enforce any right or remedy under this
agreement or to interpret any provision of this agreement, the prevailing party
shall be entitled to recover its reasonable attorneys' fees, costs and other
expenses.
(h) If
your
principal place of business is in Taiwan,
the
following applies:
The
terms
of this agreement shall be governed by and construed in accordance with the
laws
of Taiwan. The parties hereby designate the Taipei District Court as the court
of first instance having jurisdiction over any disputes arising out of or in
connection with this agreement.
(i) If
you
are a government entity, this agreement will be governed by your
laws.
12. Entire
Agreement.
This
agreement constitutes the entire agreement (including the program Web site)
between us with respect to your participation in the TAP framework. This
agreement may not be modified except by a written document dated subsequent
to
the date of this agreement and signed on behalf of you and Microsoft by our
respective duly authorized representatives. This agreement supersedes any prior
agreements and representations between the parties in relation to the subject
matter. Upon entering into this agreement, each party does not rely, and has
not
relied, upon any representation (whether negligent or innocent), statement
or
warranty made or agreed to by any person except those expressly set out in
this
agreement. This clause shall not apply to any statement representation or
warranty made fraudulently. You warrant that you will rely on your own skill
and
judgment or that of your advisers to determine whether to sign this agreement,
participate in a TAP program, or acquire Microsoft technology.
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To
acknowledge and confirm your acceptance and agreement to the terms set forth
above, please sign two copies in the space provided below and return them to
your Microsoft TAP program manager.
| Microsoft
Corporation | VitalStream |
| | |
| By: /s/ Xxxxx Xxxxxxxxx | By: /s/ Xxxx Xxxxxx |
| | |
| Name: Xxxxx Xxxxxxxxx | Name: Xxxx Xxxxxx |
| | |
| Title: Product Unit Manager | Title: Chief Operating Officer |
| | |
| Date: August 24, 2004 | Date: August 6,
2004 |
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