AMENDED AND RESTATED SOFTWARE LICENSE AGREEMENTSoftware License Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Amended and Restated Software License Agreement (the “Agreement”) is made and entered into by and between PalmSource, Inc. (“PalmSource”), a Delaware corporation with a place of business at 1240 Crossman Avenue, Sunnyvale, California 94089-1116, and PalmSource Overseas Limited, a company organized and existing under the laws of Cayman Islands, with its registered office at West Wing Building, Harbour Drive, George Town, Grand Cayman, Cayman Islands, British West Indies (referred to individually as “PalmSource Cayman” or collectively with PalmSource, Inc. as “PalmSource”) and Palm, Inc., a Delaware corporation with a place of business at 400 N. McCarthy Boulevard, Milpitas, CA 95035 and Palm Ireland Investment, a company organized and existing under the laws of The Republic of Ireland with a place of business at 25-28 North Wall Quay, International Financial Services Centre, Dublin 1, Ireland (referred to individually as “Palm Ireland” or collectively with Palm, Inc. as “Palm” or a
ContractSoftware License Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Amendment No. 2 (“Amendment”) amends the Amended and Restated Software license Agreement dated the 4th day of June 2003, by and among Palm Source, Inc., PalmSource Overseas Limited (collectively, “PalmSource”), Palm, Inc. and Palm Ireland Investments (collectively, “Licensee”) (the “Agreement”). The provisions of this document are hereby incorporated into the Agreement and shall control over contradicting terms therein. Unless otherwise defined herein, capitalized terms shall have the meaning set forth in the Agreement.
OPERATING AGREEMENT OF PALM TRADEMARK HOLDING COMPANY, LLCOperating Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • Delaware
This Operating Agreement of Palm Trademark Holding Company, LLC (the “Company”) among PalmSource, Inc., a Delaware corporation (“PalmSource”) and Palm, Inc., a Delaware corporation (“PalmOne”) is amended and restated on September 24, 2003 (the “Execution Date”) and shall be effective as of June 2, 2003 (the “Effective Date”). Capitalized terms used herein but not otherwise defined shall have the meanings set forth in Article 2.
PALMSOURCE-ACCESS MASTER LICENSE AND DISTRIBUTION AGREEMENTMaster License and Distribution Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Master License and Distribution Agreement (“AGREEMENT”) is entered into this 11th day of June, 2002 (the “EFFECTIVE DATE”), by and between ACCESS Systems America, Inc., a Delaware corporation having its principal place of business at 48371 Fremont Blvd., Suite 101, Fremont, CA 94538 (“ASA”) and PalmSource, Inc., a Delaware corporation having its principal place of business at 5470 Great America Parkway, Santa Clara, CA 95052 (“PALMSOURCE”).
MASTER DEVELOPMENT AGREEMENTMaster Development Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Master Development Agreement (“Agreement”) is entered into as of February 24, 2003 and is effective as of October 7, 2002 (“Effective Date”) by and between PalmSource, Inc., a Delaware corporation with a principal place of business at 1240 Crossman Avenue, Sunnyvale, CA 94089 (“PalmSource”) and Sony Corporation, a Japanese corporation with its principal place of business at 6-7-35 Kitashinagawa Shinagawa, Tokyo, Japan (“Sony”).
Original Equipment Manufacturer License AgreementOriginal Equipment Manufacturer License Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Original Equipment Manufacturer License Agreement (this “Agreement”) is effective February 18, 2002 (the “Effective Date”), by and between Communication Intelligence Corporation, 275 Shoreline Drive, Suite 500, Redwood Shores, California 94065 a Delaware corporation (“CIC”), and PalmSource, Inc., a Delaware corporation, 5470 Great America Parkway, Santa Clara, California 95054, including all of its present and future subsidiaries, defined as more than fifty percent (50%) owned (collectively, “Licensee”).
LICENSE AND DISTRIBUTION AGREEMENT FOR COMPUTER SOFTWARE PACKAGELicense and Distribution Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Agreement is made and entered into and effective as of June 28, 2002 (the “Effective Date”) between Mentat Inc., a California corporation having a principal place of business at 1145 Gayley Avenue, Suite 315, Los Angeles, CA 90024 (“Mentat”), and PalmSource, Inc. a subsidiary of Palm, Inc., a Delaware corporation having a principal place of business at 5470 Great America Parkway, Santa Clara, CA 95052 (“Licensee”).
XEROX LITIGATION AGREEMENTXerox Litigation Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Xerox Litigation Agreement (the “Agreement”) is executed on June 3, 2003 and made effective as of the Effective Date (as defined below), by and between Palm, Inc., a Delaware corporation (“Palm”), having an office at 400 N. McCarthy Blvd., Milpitas, California 95035 and PalmSource, Inc., a Delaware corporation (“PalmSource”), having an office at 1240 Crossman Avenue, Sunnyvale, CA 94089.
BUSINESS COLLABORATION AGREEMENTBusiness Collaboration Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Business Collaboration Agreement (“Agreement”) is entered into as of October 7, 2002 (“Effective Date”) by and between PalmSource, Inc., a Delaware corporation with a principal place of business at 5470 Great America Parkway, Santa Clara, California 95052-8145, U.S.A. (“PalmSource”) and Sony Corporation, a Japanese corporation with its principal place of business at 6-7-35 Kitashinagawa, Shinagawa-ku, Tokyo 141-0001, Japan (“Sony”).
WIND RIVER SYSTEMS, INC. SOURCE CODE LICENSE AND DISTRIBUTION AGREEMENT (Source Code Only Products)Source Code License and Distribution Agreement • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
This Source Code License and Distribution Agreement (“Agreement”) is made and entered into as of 20 - JUL- 2000 (the “Effective Date”) by and between Wind River Systems, Inc., a Delaware corporation (“Wind River”), and Palm, Inc., a Delaware corporation having a principal place of business at the address set forth on Exhibit A attached hereto (“Customer”). The parties agree as follows:
PALMSOURCE, INC. 2003 EQUITY INCENTIVE PLANEquity Incentive Plan • September 25th, 2003 • Palmsource Inc • Services-prepackaged software • California
