|
Exhibit
10.63
|
|
|
| Exhibit 10.63 as filed with 10-K |
|
Confidential treatment has been requested for portions of
this exhibit. The copy filed herewith omits the information subject
to the confidentiality request. Omissions are designated as [*]. A
complete version of this exhibit has been filed separately with the
Securities and Exchange Commission. |
Confidential
F IFTH A
MENDMENT TO L ICENSING
AND M ARKETING A
GREEMENT
This F IFTH
A MENDMENT TO THE L
ICENSING AND M
ARKETING A GREEMENT (this
“Fifth Amendment”) is made and entered into as of
February 15, 2008 by and among Comcast STB Software DVR, LLC,
Comcast Corporation, and TiVo Inc. (collectively, the
“Parties”).
R
ECITALS
W HEREAS
, the Parties entered into that certain Licensing and Marketing
Agreement having an effective date of March 15, 2005 (the
“Agreement”);
W HEREAS
, the Parties have previously amended the Agreement via that
certain First Amendment dated March 27, 2006, that certain
Second Amendment dated October 23, 2006, that certain Third
Amendment dated June 22, 2007 and that certain Fourth
Amendment dated August 27, 2007;
W HEREAS
, in accordance with the provisions of Section 6.4 of the
Agreement, TiVo and Licensee are entering into a Project Change
Request with respect to the Initial TIMS Statement of Work (the
“TIMS PCR”) relating to an extension of the TIMS
Acceptance Deadline and a deferral of the Additional Features (as
defined herein) from Phase 1 of the TIMS Solution to Phase 2 of the
TIMS Solution, all as described in greater detail in such TIMS PCR;
and
W HEREAS
, concurrently with entering into the TIMS PCR, the Parties
wish to further modify and amend the Agreement as explicitly set
forth in this Fifth Amendment.
N OW , T
HEREFORE , the Parties agree as
follows:
A
GREEMENT
Unless stated otherwise, capitalized
terms used herein shall have the meanings set forth in the
Agreement.
| 1. |
TIMS A CCEPTANCE ; D EFERRAL
OF C ERTAIN O
BLIGATIONS . |
1.1
&n
| 
