Amendment 163 to the Amended and Restated License Agreement for the Use and Marketing of Programming Materials dated May 31, 1996 (the “1996 Agreement”) between International Business Machines Corporation (IBM) and Dassault Systemes, S.A. (OWNER)
Exhibit 4(a).6
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Any text removed pursuant to the Company’s confidential |
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treatment has been separately submitted with the U.S. Securities |
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and Exchange Commission and is marked [***] herein. |
Amendment 163
to the
Amended and Restated License Agreement
for the Use and Marketing of Programming Materials
dated May 31, 1996 (the “1996 Agreement”)
between
International Business Machines Corporation (IBM)
and
Dassault Systemes, S.A. (OWNER)
This Amendment (“Amendment”) is entered into by and between International Business Machines Corporation (“IBM”), incorporated under the laws of the State of New York and Dassault Systemes, S.A. (“OWNER”), a French société anonyme.
Whereas, OWNER is the owner of 3D/2D Computer Aided Design/Computer Aided Manufacturing/Computer Aided Engineeering/Product Integrated Management software programs marketed under various trademarks.
Whereas, the parties have added Business Process Accelerator products to the 1996 Agreement by Amendment 161.
Whereas, the parties wish to amend the 1996 Agreement for the purposes of making the changes associated with the foregoing.
Now therefore, the parties agree as follows:
1.0 Add a new Section C.20 Business Process Accelerator Products
C.20.1 The Business Process Accelerator (“BPA”) Products shall be subject to the CATIA V5 terms set forth in the 1996 Agreement as amended, except that the ALC for BPA Products will be calculated as [***] of PLC, and not the ALC table set forth in the 1996 Agreement. The responsibilities of the parties shall be as set forth in Amendment 161.
C.20.2 Attachment XXX — Business Process Accelerator Products Attachment, is added with the following BPA Products:
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IBM |
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PLC RELATED ROYALTY |
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PROGRAM |
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STD |
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ADD-ON |
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SHAREABLE |
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NUMBER |
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PRODUCT NAME |
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CONFIG. |
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PRODUCT |
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PRODUCT |
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BPA for Industry Business Process |
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CA9 |
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CATIA V5 Automotive Extensions / Vehicle Architecture - Safety |
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[***] |
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CL9 |
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CATIA V5 Automotive Extensions / Vehicle Architecture - Configuration |
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[***] |
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CM9 |
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CATIA V5 Automotive Extensions / Vehicle Architecture - Manikin |
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[***] |
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CO9 |
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CATIA V5 Automotive Extensions / Vehicle Architecture — Overall Vehicle Architecture |
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[***] |
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CV9 |
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CATIA V5 Automotive Extensions / Vehicle Architecture - Vision |
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[***] |
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CW9 |
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CATIA V5 Automotive Extensions / Vehicle Architecture - Wiper |
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[***] |
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FP9 |
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Flexible PCB Automation |
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[***] |
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SL9 |
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Progressive Die Strip Layout Design |
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[***] |
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BPA for Systems Engineering |
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CD9 |
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Composite Document Generation |
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[***] |
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CS9 |
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Collaborative Systems Lifecycle Management & Traceability |
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[***] |
1
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RM9 |
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Requirements Management |
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[***] |
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RX9 |
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Requirements XML Edition |
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[***] |
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SD9 |
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Dysfunctional Analysis & Simulation |
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[***] |
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BPA for Collaborative Business Process |
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AS9 |
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Aerospace Supplier Collaborative Hub |
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[***] |
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CX9 |
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SmartDX Client |
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[***] |
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SP9 |
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SmartProject |
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[***] |
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SX9 |
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SmartDX |
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[***] |
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BPA for Interoperability & Administration |
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LM9 |
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Concurrent Design & Large Assembly Management |
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[***] |
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PS9 |
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Product Structure Synchronization for VPM V4 |
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[***] |
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SS9 |
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ENOVIA Smarteam/SAP Adaptor |
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[***] |
Other than the changes indicated above, it is understood that all other terms of the 1996 Agreement including all Attachments and Exhibits thereto remain in full force and effect.
If any provision of this Amendment or the 1996 Agreement (as amended) shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the original intentions of IBM and OWNER as nearly as possible in accordance with applicable law(s).
The parties agree that any reproduction of this Amendment by reliable means (such as facsimile or photocopy) will be considered an original of this Amendment.
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Agreed to: |
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Agreed to: |
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Dassault Systemes, S.A. |
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International Business Machines Corporation |
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By: |
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By: |
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Name: |
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Name: |
R. A. Arco |
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Title: |
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Title: |
Director, PLM Product Mgmt. & Worldwide |
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Technical Support |
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Date: |
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Date: |
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2
