0000853273-02-000012 Sample Contracts

AMENDMENT NUMBER ONE to OPEN TOOLS LICENSE AGREEMENT
Open Tools License Agreement • May 13th, 2002 • Borland Software Corp • Services-prepackaged software

This Amendment Number One (the “Amendment”) to the Microsoft Open Tools License Agreement dated as of March 2, 1999 (the “Agreement”) is entered into by and between MICROSOFT CORPORATION (“MS”) and INPRISE CORPORATION (“Company”) as of June 2, 1999 (the “First Amendment Effective Date”).

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Amendment No. 1 to Trademark License between Sun Microsystems, Inc. and Borland Software Corporation
Trademark License • May 13th, 2002 • Borland Software Corp • Services-prepackaged software

THIS AMENDMENT NO. 1 (the “Amendment”) to the Trademark License dated December 29th, 2000 (Sun Legal Files Index no. 80636) (the “TML”) between Sun Microsystems, Inc., located at 901 San Antonio Road, Palo Alto, California 94303 (“Sun”) and Inprise Corporation, now known as Borland Software Corporation, located at 100 Enterprise Way, Scotts Valley California, 95066 (“Licensee”), is made and entered into by and between the same parties. The parties agree as follows:

Amendment No. 3 to the Master Support Agreement between Sun Microsystems, Inc. and Borland Software Corporation
Master Support Agreement • May 13th, 2002 • Borland Software Corp • Services-prepackaged software

THIS AMENDMENT NO. 3 (the “Amendment”) to the Master Support Agreement, as amended (Sun Legal Files Index no. 55709, and 80608, and 97071, respectively) (the “MSA”) between Sun Microsystems, Inc., located at 901 San Antonio Road, Palo Alto, California 94303 (“Sun”) and Borland Software Corporation, located at 100 Enterprise Way, Scotts Valley California, 95066 (“Customer”), is made and entered into by and between the same parties. The parties agree as follows:

WIRELESS TOOLKIT SUPPLEMENT TO THE SUN COMMUNITY SOURCE LICENSES BETWEEN SUN MICROSYSTEMS, INC. AND BORLAND SOFTWARE CORPORATION
Wireless Toolkit Supplement • May 13th, 2002 • Borland Software Corp • Services-prepackaged software

This Wireless Toolkit Supplement (“Supplement”) to (collectively, the “Agreement”): (a) the Sun Community Source License version 2.5 for the Java 2 Platform, Connected Limited Device Configuration, including Attachment D, Sun Legal Files Index Agreement No. 80615 (“CLDC SCSL”); and (b) the Sun Community Source License version 2.7 for the Java 2 Platform, Micro Edition Mobile Information Device Profile, including Attachment D, Sun Legal Files Index Agreement No. 80616 (“MIDP SCSL”) which are Exhibits A-2 and A-3 respectively, to the Software License Agreement Sun Legal Files Index Agreement No. 80613 (“SLA”) by and between Sun Microsystems, Inc., with a principal place of business at 901 San Antonio Road, Palo Alto, California 94303 (“Original Contributor”), and Borland Software Corporation, located at 100 Enterprise Way, Scotts Valley, CA 95066 (“You”), is entered into this 21st day of December 2001 (“Supplement Effective Date”) by and between the same parties.

Amendment No. 2 to the Master Support Agreement between Sun Microsystems, Inc. and Borland Software Corporation
Master Support Agreement • May 13th, 2002 • Borland Software Corp • Services-prepackaged software

THIS AMENDMENT NO. 2 (the “Amendment”) to the Master Support Agreement, as amended (Sun Legal Files Index no. 55709, and 80608, respectively) (the “MSA”) between Sun Microsystems, Inc., located at 901 San Antonio Road, Palo Alto, California 94303 (“Sun”) and Inprise Corporation, now known as Borland Software Corporation, located at 100 Enterprise Way, Scotts Valley California, 95066 (“Customer”), is made and entered into by and between the same parties. The parties agree as follows:

Amendment No. 1 To the Software License Agreement Between Sun Microsystems, Inc. And Borland Sofware Corporation [Sun Legal files index number 90457]
Software License Agreement • May 13th, 2002 • Borland Software Corp • Services-prepackaged software • California

THIS AMENDMENT NO. 1 (the “Amendment”) to the Software License Agreement (Sun Legal Files Index agreement no. 80613) (the “SLA”) between Sun Microsystems, Inc., located at 901 San Antonio Road, Palo Alto, California 94303 (“Sun”) and Inprise Corporation, now known as Borland Software Corporation located at 100 Enterprise Way, Scotts Valley California, 95066 (“Customer”), is made and entered into by and between the same parties. This Amendment is in addition to the SLA. In the event of a conflict between the terms of the SLA and the terms of this Amendment, the terms of this Amendment shall govern. All capitalized terms used herein shall have the same meaning set forth in the SLA, unless otherwise stated. The parties agree as follows:

MICROSOFT CORPORATION OPEN TOOLS LICENSE AGREEMENT
Open Tools License Agreement • May 13th, 2002 • Borland Software Corp • Services-prepackaged software • New York

This Agreement (“Agreement”) is made and entered into this 2nd day of March, 1999 (“Effective Date”), by and between MICROSOFT CORPORATION, a Washington corporation, One Microsoft Way, Redmond, WA 98052-6399 (hereafter “MS”), and INPRISE CORPORATION, a Delaware corporation, One Enterprise Way, Scotts Valley, CA 95066 (hereafter “COMPANY”).

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