Bonum Certa Men Certa

Mutually agree to do exactly what I tell them

Category:OEM Date: July 2000

Synopsis

Snippet

- Original Message - From: Ken Goetsch Sent: Monday, July 17, 2000 4:41 PM To: Sally Nguyen; Jason Kap cc: Nancy McCauly (LCA) Subject: System addition language

Sally / Jason

The new system addition language appears to some if us that worry about channel conflict to be a problem in an Office license.

The language is below:

.. COMPANY may elect to include as Customer System(s) new models which .. must have a unique model number of model name used for internal and external identification purposes which distinguishes it from any model which COMPANY has designated previously as a Customer System.

For Dell on Office, I am going to make this language to be "by mutual agreement" and instead will require our approval before a new model is licensed.

Ken

---------------------------------- Ken Goetsch Microsoft OEM Sales kengoe@microsoft.com http://microsoft.com/ 425-936-2585 (voice) 425-936-7329 (fax) Pager: 800-759-8352 pin: 141-0370

- Original Message - From: Jason Kap Sent: Wednesday, July 19, 2000 3:22 PM To: Ken Goetsch; Sally Nguyen; cc: Nancy McCauly (LCA) Subject: RE: System addition language

Sorry, but I can't follow what you want to do here.

Original Message - From: Ken Goetsch Sent: Thursday, July 20, 2000 6:39 AM To: Jason Kap; Sally Nguyen; cc: Nancy McCauly (LCA) Subject: RE: System addition language

I have eliminated it for the Dell Office agreement. We do not want Dell to have the ability to automatically license a model for Office without our usual channel restrictions.

Full Exhibit

https://techrights.org/o/wp-content/uploads/2009/02/px04076.pdf