EXHIBIT 10.4.7
SEVENTH AMENDMENT TO NETOBJECT LICENSE AGREEMENT
Agreement Number: L97063
Seventh Amendment, effective January 15, 1999, to the NetObjects License
Agreement Number L97063 dated March 18, 1997 as amended ("Agreement") between
NetObjects, Inc. with an address at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx,
Xxxxxxxxxx 00000 ("NetObjects") and International Business Machines Corporation
with an address at Xxxxx 000, Xxxxxx, Xxx Xxxx 00000 ("IBM"). All capitalized
terms and definitions used in the Amendment and not otherwise defined herein
shall have the meanings give them in the Agreement.
In consideration of the covenants and agreements contained herein, the parties
hereto agree to amend the Agreement as follows:
1. Subparagraph (b) of the Section 11.8 titled "Repayment" is hereby deleted in
its entirety and replaced with the following:
"(b) Once the cumulative Royalty Discount, received by IBM is equal to
or greater than the Translation Cost multiplied by [***], then the
Translation Cost will have been repaid in full and Royalty Discount
shall no longer remain in effect."
2. Subparagraphs (c) and (d) of the Section 11.8 titled "Repayment" are hereby
deleted in their entirety.
The Agreement remains in full force and effective in accordance with its terms,
except as such terms have been expressly modified by the Amendment. In the event
of any conflict between the terms of the Amendment and the terms of the
Agreement, the Amendment shall control. This Amendment constitutes the entire
understanding of the parties with respect to its subject matter and merges and
supersedes all prior communications, understandings and agreements between the
parties concerning the subject matter hereof. This Agreement shall not be
modified except in writing subsequently dated, signed on behalf of each party by
a duly authorized representative.
Executed by the authorized representatives of the parties as of the date first
set forth above.
NETOBJECTS,INC INTERNATIONAL BUSINESS
MACHINES CORPORATION
By: /s/ X. Xxxxxxx By: /s/ X.X. Xxxxxxxx
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Name: X. Xxxxxxx Name: X.X. Xxxxxxxx
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Title: V.P. Finance Title: VP & Asst. General Counsel
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Date: 1/18/99 Date: 1/22/99
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*** Portions of this exhibit have been omitted and filed separately with the
Commission pursuant to a request for confidential treatment under Rule 406.
