0000912057-15-000257 Sample Contracts

SOFTWARE LICENSING AGREEMENT
Software Licensing Agreement • August 12th, 2015 • Congatec Holding AG • Services-computer integrated systems design • Georgia

This Agreement is entered into on February 1, 2005 (the “Effective Date”) between American Megatrends Inc., a Georgia corporation, having its principal place of business at 6145-F Northbelt Parkway, Norcross, Georgia 30071 (herein known as “AMI”) and congatec AG located at Auwiesenstrasse 5, 94469 Deggendorf, Germany (herein known as “LICENSEE”).

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SOURCE CODE ACCESS AGREEMENT
Source Code Access Agreement • August 12th, 2015 • Congatec Holding AG • Services-computer integrated systems design • Georgia

This Source Code Access Agreement (the “SCAA” or the “Agreement”) is entered into on July 31, 2009 (the “SCAA Effective Date”) between American Megatrends Inc., a Georgia corporation, having its principal place of business at 5555 Oakbrook Parkway, Suite 200, Norcross, Georgia 30093 (herein known as “AMI”) and congatec AG located at Auwiesenstr. 5, 94469 Deggendorf, Germany (herein known as “LICENSEE”).

Commercial Lease
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design
AMENDMENT 3 TO SOURCE CODE ACCESS AGREEMENT
Source Code Access Agreement • August 12th, 2015 • Congatec Holding AG • Services-computer integrated systems design

This Source Code Access Agreement Amendment 3 (the “SCAA Amendment 3”) is entered into on April 1st, 2013 (the “SCAA Amendment 3 Effective Date”) by and between American Megatrends, Inc, (hereinafter “AMI”) with its principal place of business at 5555 Oakbrook Parkway, Suite 200, Norcross, Georgia 30093 U.S.A., and congatec AG (“LICENSEE”), a German corporation located at Auwiesenstrasse 5, 94469 Deggendorf, Germany. The parties entered into a Source Code Access Agreement (the “Original Agreement” or the “SCAA”) dated July 31, 2009 (the “SCAA Effective Date”). Capitalized terms not defined or otherwise modified in this SCAA Amendment 3 shall have the same definitions as within the SCAA.

Amendment to Commercial Lease No. 8 dated 09/29/2010 Subject: Renting new offices on the second floor
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design

In addition to Commercial Lease No. 8 dated 09/29/2010, an additional 79 m² of office space shall be rented from 03/01/2015 in the office building at Auwiesenstr. 8, 94469 Deggendorf, Germany, on the second floor.

Additional agreement to the Commercial Lease
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design

In addition to the Commercial Lease dated 12/31/2004, an additional 51 m² of office space shall be rented from 1/1/2009 in the office building at Auwiesenstr. 5, 94469 Deggendorf, Germany.

AMENDMENT 1 TO SOURCE CODE ACCESS AGREEMENT
Source Code Access Agreement • August 12th, 2015 • Congatec Holding AG • Services-computer integrated systems design

This Source Code Access Agreement Amendment 1 (the “SCAA Amendment 1”) is entered into on December 14, 2010 (the “SCAA Amendment 1 Effective Date”) by and between American Megatrends, Inc, (hereinafter “AMI”) with its principal place of business at 5555 Oakbrook Parkway, Suite 200, Norcross, Georgia 30093 U.S.A., and Congatec AG (“LICENSEE”), a German corporation located at Auwiesenstrasse 5, 94469 Deggendorf, Germany. The parties entered into a Source Code Access Agreement (the “Original Agreement” or the “SCAA”) dated July 31, 2009 (the “SCAA Effective Date”). Capitalized terms not defined or otherwise modified in this SCAA Amendment 1 shall have the same definitions as within the SCAA.

Amendment to the Commercial Lease
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design

As an amendment to the Commercial Lease dated 12/31/2004 including modifications/amendments thereof dated 12/31/2004, 12/28/2006, 01/01/2009 and 01/20/2009 and the Amendment dated 12/15/2012, the following shall be agreed:

AMENDMENT 1 TO SOFTWARE LICENSING AGREEMENT
Software Licensing Agreement • August 12th, 2015 • Congatec Holding AG • Services-computer integrated systems design

This Software Licensing Agreement Amendment 1 (the “SLA Amendment 1”) is entered into as of this 1st day of April, 2013 (the “SLA Amendment 1 Effective Date”) by and between American Megatrends, Inc. (hereinafter “AMI”) with its principal place of business at 5555 Oakbrook Parkway, Suite 200, Norcross, Georgia 30093 U.S.A., and congatee AC (“LICENSEE”), a German corporation located at Auwicsenstrasse 5, 94469 Dcggendorf. The parties entered into a Software Licensing Agreement (the “Original Agreement” or the “SLA”) dated February 1, 2005 (the “SLA Effective Date”). Capitalized terms not defined or otherwise modified in this SLA Amendment 1 shall have the same definitions as within the SLA.

Amendment to the Commercial Lease
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design
Additional agreement to the Commercial Lease
Additional Agreement • August 12th, 2015 • Congatec Holding AG • Services-computer integrated systems design

In addition to the Commercial Lease dated 12/31/2004, an additional 256,62 m² of office space shall be rented from 1/1/2007 in the office building at Auwiesenstr. 5, 94469 Deggendorf, Germany.

Amendment to the Commercial Lease
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design

As an amendment to the Commercial Lease dated 12/31/2004 including modifications/amendments thereof dated 12/31/2004, 12/28/2006, 01/01/2009, 01/20/2009 and 12/15/2012, the following Amendment shall be agreed:

AMENDMENT 2 TO SOURCE CODE ACCESS AGREEMENT
Source Code Access Agreement • August 12th, 2015 • Congatec Holding AG • Services-computer integrated systems design

This Source Code Access Agreement Amendment 2 (the “SCAA Amendment 2”) is entered into on 04th of November, 2010 (the “SCAA Amendment 2 Effective Date”) by and between American Megatrends, Inc, (hereinafter “AMI”) with its principal place of business at 5555 Oakbrook Parkway, Suite 200, Norcross, Georgia 30093 U.S.A., (formerly at 6145-F Northbelt Parkway, Norcross, GA 30071, U.S.A.), and congatec AG (“LICENSEE”), a German corporation located at Auwiesenstrasse 5, 94469 Deggendorf, Germany. The parties entered into a Source Code Access Agreement (the “Original Agreement” or the “SCAA”) dated July 31, 2009 (the “SCAA Effective Date”). Capitalized terms not defined or otherwise modified in this SCAA Amendment 2 shall have the same definitions as within the SCAA.

Amendment to Commercial Lease No. 8 dated 09/29/2010
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design

In addition to Commercial Lease No. 8 dated 09/29/2010, an additional 215 m² of office space shall be rented from 7/1/2012 in the office building at Auwiesenstr. 8, 94469 Deggendorf, Germany, on the first floor.

Commercial Lease No. 8
Congatec Holding AG • August 12th, 2015 • Services-computer integrated systems design
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