IBM Microsoft agreement

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JOINT DEVELOPMENT AGREEMENT BETWEEN INTERNATIONAL BUSINESS MACHINES CORPORATION AND MICROSOFT CORPORATION

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Agreement dated as of June 10, 1985, between INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation having a place of business at Boca Raton, Florida and MICROSOFT, a Washington Corporation having its place of business at Bellevue, Washington.

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"Product" shall mean a system software product based upon IBM PC DOS and/or MS DOS, and/or Linkers and Basic Interpreters, but otherwise excluding languages.

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MS agrees to defend, at its expense, any suit, claim or the like against IBM, its Subsitiaries or Developers, and the end users of IBM products to the extent such suit, claim or the like is based upon an assertion that MS does not have sufficent right, title and interest in the Code and Documentation to enter into

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Neither party shall have the obligation to defend or imdemnify the other, its Subsidiaries, and its or their customers or Develoepres for any claim of patent or copyright infringment made against the other which arise from the use, sale, lease, license or other disposition of the Code and Documentation outside the geographical boundries of the United States, Canada, Japan, New Zealand, Norway, Austria, Finland, Sweden, Israel, South Africa and the countries which belong to the European Economic Community (EEC)

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Neither party shall be liable for lost profits or incidental consequential or similar damages of the other party, its subsidiaries or any third party in connection with any claim related to the code and documentation, or any attachment to this agreement even if the party has been advised of the possibility of such damages.

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IBM recognizes thet MS will be licensing the MS Product Offering 1.1 to third parties ...


Full Exhibit

http://boycottnovell.com/wp-content/uploads/2009/01/px00004.pdf

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