AMENDMENT NUMBER 11
TO
LICENSE AND DISTRIBUTION AGREEMENT
This Amendment
Number 11 to License and Distribution Agreement (the “
Amendment ”) is entered into as of April ___,
2006 (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 ,
Altiris has developed certain software for protecting and restoring
data on computers;
WHEREAS ,
HP desires to license and distribute such software on certain HP
hardware;
WHEREAS ,
the Parties have previously entered into a Software License and
Distribution Agreement dated November 12, 1999, as amended
(the “ Agreement ”), that grants HP
license and distribution rights to certain Altiris software
products and services; and
WHEREAS ,
the Parties desire to amend the Agreement to extend the period for
the license and distribution of the Altiris Local Recovery software
product with certain HP hardware.
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:
