Exhibit 4.64
SUPPLEMENTARY AGREEMENT
This Supplementary Agreement (hereinafter referred to as the "supplementary
agreement") to the Software License Agreement is entered into by and between the
following two parties in Shanghai of PRC on July 1, 2005.
PARTY A/THE LICENSOR: SHANGHAI HUITONG INFORMATION CO., LTD.
Address: Xx.00, Xxx-Xxxx Xxxx, Xxx Xxxx Xxxxxxxx, Xxxxxxxx
PARTY B/THE LICENSEE: SHANGHAI WEILAN COMPUTER CO., LTD.
Address: No.558, Da-zhi Road West, Ma-Lu Town, Xxx Xxxx District, Shanghai
WHEREAS:
The aforesaid two parties have signed a License Agreement in respect of Linktone
Picture & Ringtone Software V1.0" (hereinafter referred to as "the License
Agreement") on January 1, 2004. Since then, the operation costs of Party B have
skyrocketed; and in particular, Party B's expenses in marketing promotion and
advertising have turned out 8.5 times those recorded in the same period (the
first half) of last year. Therefore, the two parties have agreed to amend
sub-clauses 3.1, 3.2 and 3.3 under the License Agreement. After such amendments,
these three sub-clauses read as follows:
3.1 During the licensing period of cell phone gaming software, the licensee
shall pay 77% of the factual project proceeds that it receives for reason of use
of such software to the licensor as a sum of software-usage charge and relevant
technical service charge. These regulations shall come into effect commencing
from July 1, 2005. The above percent of the factual project proceeds has been
set down in consideration of the normal operation and marketing expenses of the
licensee, and for the purpose of protecting the licensee from suffering any
loss.
3.2 The factual proceeds of this project are the difference between the sales
income on the account book of the licensee and the portion attributable to the
operator. The licensee shall, within the ensuing fourteen (14) days after the
ending of each quarter, provide the licensor with the sales income statement
regarding the concerned game in the preceding quarter.
3.3 The licensee shall pay the charge for software use on a quarterly basis. To
be specific, the licensee shall, within the ensuing one (1) month after its
receipt of the invoice with regard to the charge for software usage issued by
the licensor, pay the charge for software usage pertaining to
its sales income that it has received in the preceding quarter, to the licensor.
After this supplementary agreement comes into effect (upon execution by the duly
authorized representatives of the two parties), the above sub-clauses 3.1, 3.2
and 3.3 under the License Agreement shall, commencing from the date of
effectiveness of this supplementary agreement, supersede the original
sub-clauses 3.1, 3.2 and 3.3 under the License Agreement; whilst other clauses
under the License Agreement shall remain in effect, further still.
The Licensor: Shanghai Huitong Information Co., Ltd.
Authorized representative: Sealed
The Licensee: Shanghai Weilan Computer Co., Ltd.
Authorized representative: Sealed
