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EXHIBIT 10.16
NOTE: THE SYMBOL ***** INDICATES WHERE
CONFIDENTIAL PORTIONS HAVE BEEN OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION.
FIRST AMENDMENT TO COOPERATION AGREEMENT
This First Amendment to Cooperation Agreement is entered into as of this 20th
day of June, 1997, by and between Societe de Telecommunications ("SAT") and
Innova Corporation ("Innova") with respect to the following facts:
WHEREAS, on October 31, 1996, the parties entered into a Cooperation Agreement
(the "Cooperation Agreement") regarding the development, manufacturing and
commercialization of digital high frequency radiolinks;
WHEREAS, the parties would like to amend the Agreement to add a license from
Innova to SAT to use and sell Innova's XP View software;
NOW, THEREFORE, in consideration of the aforesaid premises and mutual covenants
expressed herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by Innova and SAT, the parties
hereto agree as follows:
1. Article 6 of the Cooperation Agreement is hereby amended to add a new
subparagraph 6.2(a)(vi) to read in its entirety as follows:
A license from Innova to SAT to use and market, by way of
sublicenses, in SAT's exclusive and non-exclusive territories
Innova's XP View Software in connection with the Products provided,
however, that: (1) the current version of XP View software is
provided by Innova "as is" and with all faults and without express
or implied warranties of any kind including, without limitation,
implied warranties of merchantability or fitness for a particular
purpose; and (2) SAT grants to Innova a royalty-free perpetual
license to use any modifications or enhancements that are made to
the XP View software.
2. Annex 3 is hereby amended to add a new line to read in its entirety as
follows:
*XP View software source and object code, list of development
tools.
3. Annex 4 is hereby amended to add a new paragraph 1(e) to read in its
entirety as follows:
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(e) XP View software US $*****
XP View updates US $*****
4. Annex 4 shall be further amended to add a new paragraph 1(d), regarding
royalties, to read as follows:
(d) XP View software US $***** per SIU
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment in two (2)
original counterparts as of the date first above written.
For INNOVA CORPORATION For SAT (Societe Anonyme
de Telecommunications)
By /s/ Xxxx-Xxxxxxxx Xxxxxx By /s/ Xxxx Xxxxxxx
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(signature) (signature)
Xxxx-Xxxxxxxx Xxxxxx Xxxx Xxxxxxx
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(print name) (print name)
President and CEO Executive V.P.
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(title) (title)
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