Hardware/OEM

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* [[How to transition OEM without looking bad]] (Exhibit PX02129)
* [[How to transition OEM without looking bad]] (Exhibit PX02129)
* [[Sell through insurance with the OEMs]] (Exhibit PX02196)
* [[Sell through insurance with the OEMs]] (Exhibit PX02196)
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== Dell MS OEM license agreement .. ==
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AMENDMENT No. 2
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to the OEM License Agreement for Operating Systems
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Between
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MICROSOFT CORPORATION and DELL COMUTER CORPORATION
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Dated July 1, 1995, Contract NO. 2811-5180
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2. The attached Exhibit C-3, ADDITIONAL SYSTEM PRODUCTS, is added to the agreement to reflect the licensing of MS PLus!, and is so attached, is hereby incorporated into this Amendment and the Agreement.
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3. INTERNET EXPLORER: Unless specifically requested to the contrary by the end user of the Customer System and provided proper translation is available, COMPANY will ship MS Internet Explorer 2.0, and the most current subsequent higher version Product Releases and Version Releases thereof, preinstalled on all new Customer Systems which are validated and released for shipment by COMPANY after April 1, 1996, and which have either Windows 95 or Windows NT Workstation 4.0 as the Customers System's preinstalled operating system
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..
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In the event of inconsistencies between the Agreement and this Agreement, the terms and conditions of the Amendment No. 2 shall be controlling.
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..
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Windows 95 operating system .. Per Copy Royalty
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< 40% US$ 49.25
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> 40% and < 75% US$ 43.00
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> 75% US$ 43.00
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..
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1) For Windows NT workstation, COMPANY agrees to provide quarterly sales out, and business and government institution sales reporting where the quantity of Product sold totals ten(10) or more units during a calender quarter. Reporting shall include by country, the customer name, bill to, ship to, state and zip or postal code, quantity of units, part description, and indication of MS field sales assistance. MS will provide and may revise the reporting format form time-to-time during the terms of the Agreement ..
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..
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(2) In order to support the end-users of this product, COMPANY agrees to employ at all times at least one support technician who has successfully completed, at COMPANY's expense, the Microsoft Certified Professional program for this product.
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http://edge-op.org/iowa/www.iowaconsumercase.org/011607/2000/PX02346.pdf
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--
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court documents in the case of Comes v. Microsoft.
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== Hostility ==
== Hostility ==

Revision as of 16:37, 29 January 2009

Contents

Strategy

Dell MS OEM license agreement ..

AMENDMENT No. 2 to the OEM License Agreement for Operating Systems Between MICROSOFT CORPORATION and DELL COMUTER CORPORATION Dated July 1, 1995, Contract NO. 2811-5180


2. The attached Exhibit C-3, ADDITIONAL SYSTEM PRODUCTS, is added to the agreement to reflect the licensing of MS PLus!, and is so attached, is hereby incorporated into this Amendment and the Agreement.

3. INTERNET EXPLORER: Unless specifically requested to the contrary by the end user of the Customer System and provided proper translation is available, COMPANY will ship MS Internet Explorer 2.0, and the most current subsequent higher version Product Releases and Version Releases thereof, preinstalled on all new Customer Systems which are validated and released for shipment by COMPANY after April 1, 1996, and which have either Windows 95 or Windows NT Workstation 4.0 as the Customers System's preinstalled operating system

..


In the event of inconsistencies between the Agreement and this Agreement, the terms and conditions of the Amendment No. 2 shall be controlling.

..

Windows 95 operating system .. Per Copy Royalty

< 40% US$ 49.25 > 40% and < 75% US$ 43.00 > 75% US$ 43.00

..


1) For Windows NT workstation, COMPANY agrees to provide quarterly sales out, and business and government institution sales reporting where the quantity of Product sold totals ten(10) or more units during a calender quarter. Reporting shall include by country, the customer name, bill to, ship to, state and zip or postal code, quantity of units, part description, and indication of MS field sales assistance. MS will provide and may revise the reporting format form time-to-time during the terms of the Agreement ..

..


(2) In order to support the end-users of this product, COMPANY agrees to employ at all times at least one support technician who has successfully completed, at COMPANY's expense, the Microsoft Certified Professional program for this product.

http://edge-op.org/iowa/www.iowaconsumercase.org/011607/2000/PX02346.pdf

--

court documents in the case of Comes v. Microsoft.


Hostility


Retaliation


Intel

Other Comes exhibits of interest: Intel

http://boycottnovell.com/wp-content/uploads/2009/01/px06462.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06567.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06568.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06569.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06600.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06601.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06604.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06632.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06797.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06825.pdf


Intel/Microsoft, Anti-Linux

When time permits, the following ought to be analysed:

Comes exhibits of interest: Intel, anti-Linux

http://boycottnovell.com/wp-content/uploads/2009/01/px03112.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06782.pdf

http://boycottnovell.com/wp-content/uploads/2009/01/px06791.pdf



ACER MS OEM agreement ..

MICROSOFT OEM LICENSE AGREEMENT WITH MINIMUM COMMITMENT PAYMENTS

A009-5089 dated March 15, 1995

with ACER AMERICA CORPORATION, a corporation of California.

..

2. LICENSE GRANT.


(a) MS grants to COMPANY the non-exclusive, worldwide license rights to (i) install no more then one (1) copy of Product software on each Customer System hard dusk or ROM ("Preinstalled Product Software"); and (ii) directly or indirectly distribute to each end users (in addition to Preinstalled Product Software) no more than one (1) copy of each Product software and Product Documentation with each Customer System.

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(d) COMPANY agrees to make consolidated (ie., on behalf of COMPANY and COMPANY Subsidiaries) quarterly royalty reports and payments to MS as specified in Exhibit N within thirty (30) days after the end of each ca lender quarter, and thirty (30) days after termination or expiration for the final full or partial quarter.

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(e) A ten percent (10%) late charge and a one (1%) monthly finance charge will be assessed on all amounts that are past due, including receipts for foreign taxes withheld.

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13 NONDISCLOSURE AGREEMENT


COMPANY shall keep confidential the Product Deliverables, the terms and conditions of this agreement, and other non-public information and know-how disclosed to COMPANY by MS.

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14. AUDITS and INSPECTIONS.


(b) In order to verify statements issued by COMPANY and COMPANY's compliance with the terms of this Agreement, MS may cause (i) and audit to be made of COMPANY's and/or COMPANY's Subsidiaries books and records and/or (ii) an inspection to be made of COMPANY's Subsidiaries facilities and procedures. An audit and/or inspection shall be conducted during regular business hours at COMPANY's and/or COMPANY's Subsidiaries faculties, with or without notice. Any audit shall be conducted by an independent certified public accountant selected by MS (other than on a contingent fee basis).

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(f) COMPANY's license shall extend to Update Releases and Version Releases. MS may increase royalties for new Version Releases subject to the following maximum amount: Maximum royalty = R + (R * N * 1.5%), where R is the initial royalty and N is the number of months that have elapsed from the Effective Date until MS delivers the new Version Release. COMPANYS's license shall not extend to Product Releases.

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3 PAYMENTS AND REPORTING


(3) COMPANY agrees to pay MS the royalties in Exhibit (C). Royalties exclude any charges by the Authorized Replicator for units of Product, or APM ordered by COMPANY. Royalties also exclude any taxes, duties, fees, excises or tariffs imposed on any of COMPANY's Subsidiaries activities in connection with this Agreement. Such charges, if any, shall be paid by COMPANY.

(b) COMPANY further agrees to pay MS the minimum commitment payments .. Exhibit B. To the extent that royalties exceed the cumulative minimum commitment payments. COMPANY shall pay MS for royalties. To the extent that cumulative minimum commitment payments exceed royalties, such excess shall be known as prepaid royalties and shall be recoupable against future royalties .. during the Initial Terms of this Agreement and only for the Product .. herein. Minimum commitment and royalty payments made in one period [shall] be applied to minimum commitment obligations in another .. Replicator. Once COMPANY has accepted any release .. minimum commitment payments are not refundable.

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12 LIMITATION OF LIABILITY AND REMEDY.


(a) MS total liability to COMPANY under this Agreement, including Section 5 shall be limited to one hundred percent (100%) of the amount having actually been paid by COMPANY to MS under section 3. COMPANY releases MS from all obligations, liability, claims or demands in excess of the limitation.

http://edge-op.org/iowa/www.iowaconsumercase.org/011607/2000/PX02257.pdf

--

court documents in the case of Comes v. Microsoft.

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