Bonum Certa Men Certa

IBM on designated systems

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To: Dieterle@RTPNOTES cc Subject: Status on MDA Milestone questions To: DIETERLE-RTPNOTES From: Robert F. Dieterle IBM PC Company, Mobile Computing Software Planning T/L:4411919-543-6234 Fax: T/L.441:543-~~12 Subject: Status on MDA Milestone questions

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Diana D. Romero Manager, Development & Licensing Contracts IBM PC Company Subject: Status of MDA Milestone questons

Phyllis, we can pay royalties on a per System or Per Copy basis for the Win 3.11 and Win 95 contracts. To get the lower, per System rate, we must "Designate" models, and pay the royalty on all of those models that ship ... whether they have the product on them or not. Because of the difference in the royalty rates, all of our Win 95 and Win 3.11 machines are Designated Systems and we pay Per System on them. The only time we pay Per Copy should be when we mess up and don't get models designated in time.

If the MDA Milestones are limited to Designated Systems, it won't include RTC or OS/2 machines. That helps on most of the milestones.

Let me know if you have any questions.

Diane

Full Exhibit

https://techrights.org/o/wp-content/uploads/2009/01/px02452.pdf