September 30, 2000
Xx. Xxxx Xxxxxx
National Geographic Society
0000 00xx Xxxxxx X.X.
Washington, DC 20036-4688
Dear Xxxx
In August 1999 Promark Software Inc. changed its name to xxxxxxxx.xxx
Enterprises Inc. ("xxxxxxxx.xxx") and all references to Promark Software Inc.
apply equally to xxxxxxxx.xxx Enterprises Inc.
This letter amends and supplements the agreement entered into on October 27,
1993 (the "Head Agreement") by Promark Software Inc. ("Promark") and the
National Geographic Society ("NGS"), as amended August 19, 1994 ("Amendment 1
and Amendment 2"), December 12, 1994 ("Amendment 3"), as amended October 1, 1996
("Letter Agreement"), and as amended September 30, 1998 ("Letter Agreement"),
collectively referred to in this letter as the "Agreement". All capitalized
terms not expressly defined in this letter have the meaning set forth in the
Agreement. The parties agree as follows:
1. Clause 9 of the Letter Agreement is replaced with the following Clause 9.
9. The term of the Agreement and this letter will terminate on September 30,
2002, except for those provisions dealing with xxxxxxxx.xxx's right to
distribute the Work and use the intellectual property and proprietary rights in
and to the artwork and text owned NGS (which is governed by paragraph 5 of the
Letter Agreement), and the restrictions related thereto, and except for the
warranties in section 6.01 of the Head Agreement.
2. Clause 11 of the Letter Agreement is replaced with the following Clause
11.
11. The parties agree that NGS will share with xxxxxxxx.xxx in the fall of
2000 and 2001 its marketing plans for the coming year.
3. The address for notices for xxxxxxxx.xxx is changed to:
xxxxxxxx.xxx Enterprises Inc.
0000 - 000 Xxxx Xxxxxx Xxxxxx
Xxxxxxxxx, XX X0X 0X0
This letter has been prepared in duplicate originals. Please indicate your
agreement with the terms and conditions of this letter by signing below on both
originals, keeping one original for your files and returning the other to us.
Yours sincerely,
xxxxxxxx.xxx ENTERPRISES INC.
By: /s/ signed
Title: President
TERMS AND CONDITIONS ACKNOWLEDGED AND AGREED:
By: /s/ Xxxx Xxxxxx
Title: Director of Finance & Operations
Date: 9/30/2000
