AMENDMENT NO. 1 TO AMENDED AND RESTATED INTERNET SERVICE PROVIDER
NAVIGATOR DISTRIBUTION AGREEMENT
This Amendment No. 1 (the "Amendment") is entered into by and between Netscape
Communications Corporation, a Delaware corporation, with principal offices at
000 X. Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx 00000 ("Netscape"), and
EarthLink Network, Inc., a Delaware corporation with a usual place of business
at 0000 Xxx Xxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx 00000 ("NSP") and effective as of
the date of execution by Netscape ("Effective Date").
WHEREAS, the parties have entered into an Amended and Restated Internet Service
Provider Navigator Distribution Agreement effective May 31, 1996 (the
"Agreement"); and
WHEREAS, the parties wish to modify and supplement the provisions of such
Agreement;
NOW, THEREFORE, the parties, in consideration of the terms and conditions
herein, agree as follows:
1. The "TERRITORY" set forth on the cover sheet shall be amended to read, in
its entirety, as follows: "All countries where NSP may legally distribute
the software to be distributed under this Agreement."
2. Capitalized terms defined in the Agreement shall have the same meaning in
this Amendment as in the Agreement.
3. Except as explicitly modified, all terms, conditions and provisions of the
Agreement shall continue in full force and effect.
4. In the event of any inconsistency or conflict between the Agreement and
this Amendment, the terms, conditions and provisions of this Amendment
shall govern and control.
5. This Amendment and the Agreement constitute the entire and exclusive
agreement between the parties with respect to this subject matter. All
previous discussions and agreements with respect to this subject matter are
superseded by the Agreement and this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their duly authorized representatives, effective as of the Effective Date.
NETSCAPE COMMUNICATIONS EARTHLINK NETWORK, INC.
CORPORATION
By:/s/ Xxxxxx Xxxxxx By:/s/ Xxxxx X. Xxxxx
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Signature Signature
Name: XXXXXX XXXXXX Name: Xxxxx Xxxxx
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Print or Type
Title: EXECUTIVE DIRECTOR Title: PRESIDENT
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Date: 8/1/96
----------------------- Date: July 23, 1996
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EarthLink Network, Inc. REVIEWED BY
Amendment NETSCAPE LEGAL
CONFIDENTIAL
Initial DRM
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