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AMENDMENT NUMBER 3
TO
LICENSE AND DISTRIBUTION AGREEMENT
This Amendment
Number 3 to License and Distribution Agreement (the “
Amendment ”) is entered into as of
December 21, 2005 (the “ Effective Date
”) by and between Altiris, Inc., a Delaware corporation,
having its principal place of business at 588 W. 400 South, Lindon,
Utah 84042 (“ Altiris ”) and
Hewlett-Packard Company, a Delaware corporation, having its
principal place of business at 3000 Hanover Street, Palo Alto,
California 94304 (“ HP ”) (individually,
the “ Party ;” collectively, the “
Parties ”).
WHEREAS ,
the Parties have previously entered into a License and Distribution
Agreement dated August 2001, as amended (the “
Agreement ”), that grants HP rights to
incorporate certain Altiris software into HP product lines;
and
WHEREAS ,
the Parties desire to amend the Agreement to update certain
deliverables provided by Altiris and the terms and conditions
corresponding to such deliverables.
NOW,
THEREFORE , in consideration of the above recitals, the mutual
undertakings of the Parties as contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties to this Amendment hereby agree as
follows:
All capitalized
terms which are not defined in this Amendment shall have the
meaning as set forth in the Agreement.
II.
MODIFICATIONS. The
Agreement is amended and supplemented as follows:
1. In
Section 6.7 (b), the first sentence is deleted and
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