1
EXHIBIT 6.21
ATTACHMENT 2(F)
AMENDMENT NO. 1 TO SOFTWARE LICENSE AGREEMENT
THIS AMENDMENT NO. 1 (this "AMENDMENT NO. 1") dated as of October 28,
1999 to the Software License Agreement (the "License Agreement") of April 15,
1999, by and between Tornado Development, Inc., a California corporation, with
offices at 0000 Xxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxx Xxxxx, Xxxxxxxxxx 00000
("Tornado"), and XXXXX.XXX, INC., a Delaware Corporation, with offices at 0000
Xxxxxxxxx Xxxx, X000, Xxxxxxx, Xxxxxxxxxx 00000 (the "Licensee") (Tornado and
the Licensee collectively referred to herein as, the "Parties").
1. RECITALS
WHEREAS, the Parties have entered into the Settlement Agreement and
Mutual Release (the "Settlement Agreement") dated as of October 28, 1999, in
satisfaction of certain obligations owed by Licensee to Tornado under the
License Agreement; and
WHEREAS, in connection with the execution of the Settlement Agreement
and pursuant to Section 14.4 of the License Agreement, the Parties desire to
amend and restate Section 4.1 of the License Agreement to remove all references
to `favored nations' pricing'.
2. AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the Parties
to this Amendment No.1 hereby agree as follows:
1. Section 4.1 of the License Agreement is amended and restated in its
entirety to read as follows:
4.1 LICENSE FEES. In consideration of the license granted
hereunder, Licensee will pay to Tornado license fees for each
Subscriber under the terms set forth in Attachment 4.1 hereto
("License Fees").
2. Unless as otherwise stated in the above Section 1, the terms of the
License Agreement shall remain in effect and unchanged by this
Amendment No. 1.
3. This Amendment No. 1 may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which
together shall constitute one and the same instrument.
1
------------------------------------------
TROOP XXXXXXX XXXXXX XXXXXXX & XXXXX, LLP
2
IN WITNESS WHEREOF, the undersigned, intending to be legally
bound, have duly executed this Amendment No. 1 to become effective as of
the date first above written.
"TORNADO"
TORNADO DEVELOPMENT, INC.
By: Xxxxx Xxxx
-----------------------------
Title: Chief Executive Officer
Date: October 28, 1999
"Licensee"
XXXXX.XXX, INC.
By: Xxxx Xxxx
-----------------------------
Title:
Date: October 28, 1999
2
-----------------------------------------
TROOP XXXXXXX PASICH REDDICK & XXXXX, LLP
