EXHIBIT 10.3.1
FIRST AMENDMENT TO
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RESTATED TECHNOLOGY LICENSE AGREEMENT
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This amendment is entered into as of October 28, 1996. It amends the
Restated Technology License Agreement (the "Agreement") which was entered into
as of September 27, 1995 by and between Radius Inc. with its principal place of
business at 000 Xxxxxxx Xxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 ("Radius"), and
Augment Systems Inc., a Delaware corporation, with its principal place of
business at 0 Xxxxxxx Xxxx, Xxxxxxxx, XX 00000 ("Augment").
RECITALS
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A. Radius and Augment desire to amend the Agreement due to Augment's
inability to deliver at least one unit for Beta testing on or before September
30, 1996.
B. Radius, as a shareholder of Augment, wishes to amend the Agreement to
benefit Radius and the other Augment shareholders.
NOW, THEREFORE, in consideration of mutual promises contained herein, the
parties agree as follows:
Section 11.2(iv) of the Agreement is deleted and replaced with the following new
Section 11.2(iv):
"Radius may terminate this Agreement at any time following December 31, 1996
after giving thirty days' prior written notice, if Augment has not delivered at
least one unit of product for beta testing."
The Agreement is in all other respects ratified and affirmed.
This Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed
under seal by their duly authorized representatives.
RADIUS INC. AUGMENT SYSTEMS INC.
By: XX Xxxxxx By: Xxxxxx Xxxx
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Name: /s/ XX Xxxxxx Name: /s/ Xxxxxx Xxxx
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Title: Chairman & CEO Title: President
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