AMENDMENT NO. 4
TO THE LICENSE AGREEMENT
BETWEEN
GATEWAY 2000 AND MICROSOFT CORPORATION
DATED [*] CONTRACT NO. [*]
This Amendment ("Amendment") to the license Agreement ("Agreement")
between MICROSOFT CORPORATION ("MS") and GATEWAY 2000 ("GATEWAY") dated [*] is
made and entered into this [*].
1. The following additional provision shall be added to Exhibit C:
(r) GATEWAY shall pay a [*] royalty on all Destination Customer Systems
distributed in the United States of America and Canada with Encarta 96,
Cinemania 96, Money Version 4.0 for Windows 95 and Magic School Bus-Solar
System. Additionally, GATEWAY shall pay a [*] royalty on all Destination
Customer Systems distributed in the United States of America and Canada
with Encarta 96, Cinemania 96, Money Version 4.0 for Windows 95, and Magic
School Bus-Solar System and Office for Windows 95, Professional Edition
with Bookshelf.
2. The following Product descriptions shall supersede the existing
Product descriptions in Exhibit C:
Office for Authorized EN Yes (a), (b), (c), 1,2,3,4 [*] N/A
Xxxxxxx 00, Xxxxxxxxxxx (x), (x),
Xxxxxxxxxxxx (x), (x)
Edition with
Bookshelf
Office for Authorized D, FR, Z, Yes (a), (b), (c), 1,2,3,4 [*] [*]
Windows 95, Replication DU, SW (d), (n)
Professional
Edition
Encarta(TM)1995 Authorized EN Yes (a), (b), 1,2,3,4 [*] NA
& 1996 Editions Replication (c), (d),
(e), (I), (r)
Cinemania(R) Authorized EN Yes (a), (b), (c), 1,2,3,4 [*]
Interactive Movie Replication (d),
Guide 1995 and (e), (i), (r)
1996 Editions
Magic School Authorized EN Yes (a), (b),(d), 1,2,3,4
Bus-Solar Replication (e), (i), (r)
System
Money Version Authorized EN, D, FR, Yes (a), (b), 1,2,3,4 (j)(k) [*] [*] of [*]
3.0 and Money Replication Z (c), (l) [*] (m) [*] (n) [*]
for Windows 95 (d), (j), (k), (r) [*]
(j), (k), (l),
(m), (n), (r),
(t)
2. Except as provided herein, all terms of the agreement shall remain in full
force and effect. In the event of inconsistencies between the Agreement and this
Amendment, the terms and conditions of the Amendment shall be controlling.
This Amendment shall be null and void unless signed by GATEWAY and returned to
MS [*] by GATEWAY.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as
of the date set forth above. All signed copies of this Amendment to the
Agreement shall be deemed originals. This Amendment does not constitute an offer
by MS. This Amendment shall be effective upon execution on behalf of GATEWAY and
MS by their duly authorized representatives.
MICROSOFT CORPORATION GATEWAY 2000 INC.
/s/ Xxxxxx Xxxxxx /s/Xxxxxxx X. Xxxxxx
By By
/s/ Xxxxxx Xxxxxx Xxxxxxx X. Xxxxxx
Name (Print) Name (Print)
Senior Vice President and
Director, OEM General Counsel
Title Title
[*] [*]
Date Date
[*] CONFIDENTIAL PORTION HAS BEEN OMITTED AND FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
