1
EXHIBIT 10.22
[Confidential treatment has been granted or requested with respect
to portions of this exhibit, and such portions have been replaced
with "**". Such confidential portions have been deleted and
separately filed with the Securities and Exchange Commission
pursuant to Rule 24b-2.]
BRODERBUND/MODACAD
AMENDMENT TO AGREEMENT OF MARCH 15, 1996
This Amendment (the "Amendment") is dated as of October 11, 1996 between
Broderbund Software, Inc. ("Publisher") and ModaCAD ("Author").
The parties hereto are parties to a Software Development and Publishing
Agreement dated March 15, 1996 (the "Agreement") relating to software products
tentatively entitled The Home Decorator Series. All terms used but not defined
herein have the meanings set forth in the Agreement. The parties wish to modify
the Agreement as set forth herein.
1. **. Section 4.03 of the Agreement shall be revised as follows:
Publisher shall pay Author a ** of ** as an advance against royalties payable on
sales of the Works, Derivative Works, Conversions, Derivative On-Line Programs
and Foreign Language Adaptations **. ** shall be paid to Author in two
installments of **. The first installment ** shall be **. Notwithstanding the
above, Publisher and Author acknowledge and agree that **. Publisher agrees to
pay the second installment **.
2. PARTIAL **. In order to provide Author with ** after the initial commercial
shipment of the Work, Publisher shall ** under Section 4.01 of the Agreement
during recoupment of the Guarantee advanced to Author hereunder.
3. SHIPMENT OF THE WORK. Publisher agrees that the initial commercial shipment
of the Work shall occur no later than three (3) months after sign-out of the
Work from quality assurance.
2
4. AGREEMENT TO REMAIN IN FULL FORCE AND EFFECT. All other terms and conditions
of the Agreement, excepting those modified hereto, shall remain in full force
and effect.
AGREED AND ACCEPTED:
PUBLISHER
BRODERBUND SOFTWARE, INC.
By: /s/ Xxxx Xxxxx
---------------------
Xxxx Xxxxx
Publisher
AUTHOR
ModaCAD
By: /s/ Xxxxxxxx Xxxxxxxxx
----------------------------
Xxxxxxxx Xxxxxxxxx
Author