EXHIBIT 10.36
* Confidential portions of this document have been redacted and have been
separately filed with the Commission.
ISLAND PACIFIC SYSTEMS
MODIFICATION AGREEMENT
Concurrently with the execution of this template Agreement,
Toys "R" Us, Inc. ("Customer" or "you") and Island Pacific Systems Corporation
("Island Pacific" or "we") are entering into a certain License Agreement for
Software Products (the "License Agreement") and a certain Services Agreement
(the "Services Agreement"). Capitalized terms used herein and not otherwise
defined shall have the meanings set forth in the License Agreement. This
document will serve as a template agreement between Customer and Island Pacific
describing the manner in which modifications to Island Pacific's Software
Products desired by Toys R Us are developed and delivered. We both agree to the
following terms and conditions:
DESCRIPTION OF PROJECT - [ * ]
DESIGN SPECIFICATIONS - [ * ]
CODE BUILD - [ * ]
MILESTONES - [ * ]
COSTS - [ * ]
DELIVERY - [ * ]
ACCEPTANCE - [ * ]
SUPPORT - [ * ]
INTELLECTUAL PROPERTY - Any modification or enhancement
developed by Island Pacific at your request, whether for a fee or not, becomes
part of Island Pacific's software products. Title to the program product source
code and related documents will remain with Island Pacific. The application will
be incorporated into the I3 product suite and will be made available to all
Island Pacific users.
DOCUMENTATION - Application documentation will be included as
part of the first published release in which the modification exists.
LICENSE AGREEMENT - As set forth in Paragraph 3(b) of the
License Agreement, the modified Software and Software Products will constitute
"Software" and "Software Products" under the License Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date set forth below.
DATED:
TOYS "R" US, INC
BY: /s/ Bruno Roqueplo
-----------------------------------------------------------
BRUNO ROQUEPLO, SENIOR VICE PRESIDENT OF FINANCE
AND ADMINISTRATION (CFO)
ISLAND PACIFIC SYSTEMS CORPORATION
BY: /s/ Xxxx Xxxxxxx
-----------------------------------------------------------
XXXX XXXXXXX
CHIEF FINANCIAL OFFICER
* Confidential portions of this document have been redacted and have been
separately filed with the Commission.
April 10, 2000
Xx. Xxxxxx Xxxxx
Toys "R" Us, Inc.
Xxxx VI, 2nd Floor
000 Xxxx Xxxx
Xxxxxxx, XX 00000-0000
Dear Xxxxxx:
This letter will serve as an amendment to the original Agreement dated May 20,
1999 between Toys "R" Us, Inc. ("Customer") and SVI Retail, Inc. ("SVI" or "we",
formally known as Island Pacific Systems Corporation) in regards to the overall
Supply Chain Modification Project (Code Build phase).
[ * ]
SVI and Customer have agreed to amend the section in the original Agreement
titled "Acceptance" to read as follows:
ACCEPTANCE - [ * ]
-
Please acknowledge acceptance of the above change to the Agreement dated May 20,
1999 by signing below.
Signed: _______________________________ _________________________________
Toys "R" Us, Inc. SVI RETAIL, INC.
Dated: _____________ ______________
Please call me if you have any questions or comments.
Yours truly,
/s/ Xxxx Xxxxx
Xxxx Xxxxx
Chief Executive Officer
Enclosure
cc: Xxx Xxx, Toys "R" Us, Inc.
Xxxx Xxxxxxx, SVI
