Exhibit 10.17
AMENDMENT #11
TO
VMWARE DISTRIBUTOR
AGREEMENT
This Amendment, dated June 5,
2008 (the “Effective Date”), is being made to the
VMware Distributor Agreement dated May 17, 2002 (VMware
Contract #1322) (the “Agreement”) by and between Ingram
Micro Inc. (“Distributor”) and VMware, Inc.
(“VMware”).
This Amendment shall become part of
and subject to the terms and conditions of the Agreement which,
except as modified herein, remains unchanged and in full force and
effect. In the event of any conflict between the terms of this
Amendment and the Agreement, the terms of this Amendment shall
govern. All terms not otherwise defined herein shall have the
meaning ascribed to them in the Agreement.
WHEREAS, the parties desire to amend
the provisions of the Agreement; and
WHEREAS, the parties may amend the
Agreement by a mutual written agreement;
NOW, THEREFORE, in consideration of
the foregoing recitals, and for good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
intending to be legally bound hereby, the undersigned parties agree
as follows:
The parties agree to amend the
Agreement with the addition of Section 14 as
follows:
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14.
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Market
Development Fund (MDF) Programs : Distributor may participate in VMware’s
Distributor MDF Program and Regional MDF Program subject to the
following terms:
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(a)
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Distributor
acknowledges tha
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