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EXHIBIT 10.8
[CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE
CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND ARE DENOTED BY A DOUBLE ASTERISK
(**). THE CONFIDENTIAL PORTIONS HAVE BEEN SEPARATELY FILED WITH THE
COMMISSION.]
AMd. to Bd. Design Lic./PCC
Rev. 1-6/3/96
AMENDMENT TO BOARD-DESIGN LICENSE AGREEMENT
BETWEEN APPLE COMPUTER, INC.
AND POWER COMPUTING CORP.
# C24-94-00428
THIS IS AN AMENDMENT, dated June 3, 1996 (this "Amendment"), to the Board-
Design License Agreement entered into on December 16, 1994 (the Agreement") by
Apple Computer, Inc, ("Apple"), a California corporation with its principal
place of business at 0 Xxxxxxxx Xxxx, Xxxxxxxxx, XX 00000 and Power Computing
Corp., a Delaware corporation with its principal place of business at 0000
Xxxxxx Xxxx, Xxxxxxxx, XX 00000 ("PCC"). All capitalized terms used herein,
unless otherwise defined, shall have the respective meanings set forth in the
Agreement.
RECITAL
The parties wish to amend the Agreement on the terms set forth herein.
AGREEMENT
1. INSERT NEW LINE TO EXHIBIT A UNDER THE HEADING, "APPLE BOARD DESIGNS":
Power Macintosh code named " ** "
2. INSERT THE FOLLOWING TO EXHIBIT A UNDER THE HEADING, "APPLE
DELIVERABLES":
For the Apple logic board code name " ** ," Apple will deliver the
following to PCC:
1. Evaluation package documentation:
o Xxxx of Materials
o PCB Quote Sheet
o Design Drawing Guide
o Specifications for all industry standard components
o Letters of Authorization for relevant Apple proprietary
components, allowing PCC to receive quotations
Apple will deliver the evaluation package documentation within two weeks
of PCC's request. All information in the evaluation package
documentation is preliminary in nature and may be changed by Apple at
its sole and absolute discretion until the design is in production at
Apple and all components have been approved by Apple.
2. Design package documentation:
o Schematic database (electronic)
o Board CAD design database (electronic)
o Gerber files (electronic)
o Licensing specifications for Apple proprietary components
CONFIDENTIAL Page 1
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AMD. TO BD. DESIGN LIC./PCC
REV. 1 - 6/3/96
o Notification that PCC has been added to the Macintosh Authorized
Supplier (MAS) Agreements for the relevant Apple proprietary
components, allowing PCC to purchase such components
Apple will deliver the design package documentation by the later of
three weeks after: (a) the date this amendment is last signed, or (b)
the start of production ramp and full release of the logic board design,
as defined by Apple.
3. EXCEPT AS AMENDED HEREBY, THE AGREEMENT IS HEREBY CONFIRMED AND RATIFIED
IN ALL RESPECTS.
IN WITNESS WHEREOF, the parties have caused this Amendment to the
Agreement to be executed by their duly authorized representatives.
APPLE: PCC:
APPLE COMPUTER, INC. POWER COMPUTING CORP.
BY: BY: /s/
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NAME: NAME: Xxxxxxx Xxxxx
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TITLE: TITLE: President & CEO
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DATE: DATE: June 5, 1996
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CONFIDENTIAL Page 2