March 13, 2000
Mr. Xxxxxx Xxx
Acting President and CEO
High Speed Net Solutions, Inc.
000 Xxxxxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000
Xxxxxxx, XX 00000
Dear Xxxx:
Summus, Ltd. ("Summus") hereby agrees that during the term of the Software
License Agreement (the "SLA") entered into between Summus, Ltd., and High Speed
Net Solutions, Inc. ("HSNS"), dated February 18, 2000, neither Summus nor any of
its Affiliates will directly engage in any use of the MaxxSystem Software or of
the product functionality contained in the MaxxSystem Software, either alone or
in any combination, for a purpose that is directly competitive with the business
of HSNS as it is presently constituted. Affiliate is a person or entity that
directly or indirectly controls, is controlled by, or is under common control
with Summus.
Furthermore, Xxxxxx hereby agrees that from the date of the SLA through the
earlier of July 1, 2001, or the effective date of termination of the SLA, Summus
shall not sell, license or grant any other rights to use the MaxxSystem software
or the product functionality contained in the MaxxSystem Software to entities
other than Summus for any use that is directly competitive with the business of
HSNS as presently constituted. In the case of Summus Affiliates, the restriction
contained in the preceding sentence shall continue throughout the term of the
SLA. Without limiting the foregoing, the prohibition in this paragraph shall not
apply to licenses of the MaxxSystem software to an entity solely for the purpose
of such entity marketing, advertising and/or promoting such entity's own
products, services or views and opinions.
In consideration for the above described commitments by Xxxxxx, HSNS agrees to
pay Summus $1,000 dollars concurrently with the execution of this letter and to
implement commercially viable sales and marketing facilities to promote its
Service Bureau use (as defined in the Revenue Sharing Agreement dated February
18, 2000) of the MaxxSystem Software.
Agreed to by: Agreed to by:
Xx. Xxxxx Xxxxxxx Xxxxxx Xxx
President and Chairman of the Board Acting President and CEO,
Summus, Ltd. Executive Vice President
High Speed Net Solutions, Inc.
