AMENDMENT NO. 1 TO
HARDWARE DEVELOPER AGREEMENT - PALMPILOT MODEM CASING
This Amendment No. 1 to Hardware Developer Agreement - PalmPilot Modem Casing
(the "Amendment") is entered into as of the date last executed below by and
between Palm Computing, Inc., a subsidiary of 3Com Corporation (collectively,
"3Com"), and World Cyberlinks ("Developer").
RECITALS
A. 3Com and Developer previously entered into that certain Hardware
Developer Agreement - PalmPilot Modem Casing dated April 7, 1998 (the
"Agreement"). Capitalized terms not otherwise defined in this Amendment shall
have the meanings given them in the Agreement.
B. The parties wish to amend the Agreement to permit Developer to develop
and manufacture cradles for 3Com's Palm III products using certain 3Com
technical information.
AGREEMENT
The parties agree as follows:
1. "Drawings" shall mean the Palm III Rear Housing Model View to be
provided by 3Com after the execution of the Amendment. The Drawings will be
provided by 3Com in electronic form, with filenames "Rocky_rear.zip" and
"Rocky_rear_housing3.IGS". The Drawings shall be deemed accepted by Developer
upon receipt.
2. Subject to the terms and conditions of the Agreement as amended by this
Amendment, 3Com hereby grants to Developer a limited, non-exclusive,
non-transferable, fully-paid license to use the Drawings internally at
Developer's address set forth in the Agreement solely for the purpose of
developing and manufacturing cradles for 3Com's Palm III products. Except as
explicitly set forth in the preceding sentence, no rights to the Drawings are
granted, including without limitation any right to sublicense or otherwise
distribute the Drawings.
3. The Drawings shall be deemed to be Modem Technology and 3Com's
Confidential Information for purposes of the Agreement and this Amendment.
4. Section 9.6 (Notices) of the Agreement is amended to change the
addresses to which notices to 3Com are to be sent as follows:
Palm Computing, Inc.,
a subsidiary of 3Com Corporation
0000 Xxxxxxxxxx Xxxx
Xxxxxxxx Xxxx, XX 00000
Attn: Developer Relations
(fax#) (000) 000-0000
with a copy to: General Counsel
3Com Corporation
0000 Xxxxxxxx Xxxxx
Xxxxx Xxxxx, XX 00000
(fax#) (000) 000-0000
5. Except as explicitly set forth in this Amendment, the Agreement shall
remain in full force and effect, unmodified in any way.
1
IN WITNESS WHEREOF, the parties have executed this Amendment by their duly
authorized representatives effective as of the date last executed below.
DEVELOPER PALM COMPUTING, INC.,
A SUBSIDIARY OF 3COM CORPORATION
By: By:
----------------------------- -----------------------------
Print Name: Print Name:
--------------------- ---------------------
Print Title: Print Title:
-------------------- --------------------
Date: Date:
--------------------------- ---------------------------
2
