0000855109-04-000007 Sample Contracts

Software License and Maintenance Agreement ("AGREEMENT")
Software License and Maintenance Agreement • March 31st, 2004 • Exabyte Corp /De/ • Computer storage devices • Arizona

THIS AGREEMENT IS BETWEEN MSS TECHNOLOGIES, INC. ("DISTRIBUTOR") AND EXABYTE CORPORATION HAVING ITS PRINCIPAL PLACE OF BUSINESS AT 2108 55 STREET BOULDER, CO 80303. The terms of this Agreement shall apply to the Software (defined below), and all Maintenance provided by MSS to Customer. For purposes of this Agreement, "Customer" shall include EXABYTE CORPORATION and its Affiliates (defined below).

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MEDIA DISTRIBUTION AGREEMENT
Media Distribution Agreement • March 31st, 2004 • Exabyte Corp /De/ • Computer storage devices • Delaware

This Media Distribution Agreement ("Agreement") is entered into as of November 7, 2003 ("Effective Date"), between EXABYTE CORPORATION, a Delaware corporation with principal offices at 2108 55th Street, Boulder, Colorado 80301 and IMATION CORP., a Delaware corporation with principal offices at 1 Imation Place, Oakdale, Minnesota 55128.

Series I Preferred Stock PURCHASE AGREEMENT
Series I Preferred Stock Purchase Agreement • March 31st, 2004 • Exabyte Corp /De/ • Computer storage devices • Delaware

This Series I Preferred Stock Purchase Agreement (this "Agreement"), is made and entered into as of November 7, 2003, by and among Exabyte Corporation, a Delaware corporation (the "Company"), and Imation Corp., a Delaware corporation ("Purchaser").

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