AMENDMENT No. 2 TO AMENDED AND RESTATED INTERNET SERVICE PROVIDER
NAVIGATOR DISTRIBUTION AGREEMENT
This Amendment No. 2 (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
September 1, 1996 ("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 an Amendment No. 1 thereto effective August 1, 1996; 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 Netscape products selected on the cover sheet of the Agreement after
"Check Applicable" shall be Netscape Navigator LAN, Netscape Navigator Dial
up kit, and Netscape Navigator Gold only.
2. Section 1.16 of the Agreement shall be amended to read in its entirety as
follows:
1.16 "Registered User" means (a) an End User that is provided Netscape
Navigator Gold upon the date such product is first distributed to
such End User or (b) an End User that is provided Netscape
Navigator LAN who is provided Internet Access through NSP's
Product and who continues to use NSP's Product for Internet
Access as of the shorter of (i) the duration of any free trial or
evaluation period offered by NSP or (ii) thirty (30) days after
the date that such End User is first provided Internet Access
through NSP's Product.
3. Section 1 of Attachment C shall be amended to read in its entirety as
follows:
1. PRICING
LICENSE FEE PER COPY
Netscape Navigator LAN *****
(Windows 95/NT and Macintosh
platforms)
Netscape Navigator Gold *****
(Windows 95/NT and Macintosh
platforms)
4. Capitalized terms defined in the Agreement shall have the same meaning in
this Amendment as in the Agreement.
5. Except as explicitly modified, all terms, conditions and provisions of the
Agreement shall continue in full force and effect.
* Confidential portions of this exhibit have been omitted, marked with
asterisks (*) and filed separately with the Securities and Exchange
Commission pursuant to an application for confidential treatment.
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6. 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.
7. 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, and effective as of the Effective
Date.
NETSCAPE COMMUNICATIONS EARTHLINK NETWORK INC.
CORPORATION
By: /s/ Xxxxxx Xxxxxx By: Xxxxx X. Xxxxx
-------------------------------- -----------------------------
Signature Signature
Name: Xxxxxx Xxxxxx Name: Xxxxx Xxxxx
------------------------------ ---------------------------
Print or Type Print or Type
Title: Executive Director Title: CEO/President
----------------------------- --------------------------
Date: September 24, 1996 Date: September 26, 1996
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