AMENDED AND RESTATED SOFTWARE LICENSE AGREEMENTSoftware License Agreement • September 25th, 2003 • Palm Inc • Computer terminals • California
This Amended and Restated Software License Agreement (the “Agreement”) is made and entered into by and between PalmSource, Inc. (“PalmSource”), a Delaware corporation with a place of business at 1240 Crossman Avenue, Sunnyvale, California 94089-1116, and PalmSource Overseas Limited, a company organized and existing under the laws of Cayman Islands, with its registered office at West Wing Building, Harbour Drive, George Town, Grand Cayman, Cayman Islands, British West Indies (referred to individually as “PalmSource Cayman” or collectively with PalmSource, Inc. as “PalmSource”) and Palm, Inc., a Delaware corporation with a place of business at 400 N. McCarthy Boulevard, Milpitas, CA 95035 and Palm Ireland Investment, a company organized and existing under the laws of The Republic of Ireland with a place of business at 25-28 North Wall Quay, International Financial Services Centre, Dublin 1, Ireland (referred to individually as “Palm Ireland” or collectively with Palm, Inc. as “Palm” or a
ContractSoftware License Agreement • September 25th, 2003 • Palm Inc • Computer terminals • California
This Amendment No. 2 (“Amendment”) amends the Amended and Restated Software license Agreement dated the 4th day of June 2003, by and among Palm Source, Inc., PalmSource Overseas Limited (collectively, “PalmSource”), Palm, Inc. and Palm Ireland Investments (collectively, “Licensee”) (the “Agreement”). The provisions of this document are hereby incorporated into the Agreement and shall control over contradicting terms therein. Unless otherwise defined herein, capitalized terms shall have the meaning set forth in the Agreement.
OPERATING AGREEMENT OF PALM TRADEMARK HOLDING COMPANY, LLCOperating Agreement • September 25th, 2003 • Palm Inc • Computer terminals • Delaware
This Operating Agreement of Palm Trademark Holding Company, LLC (the “Company”) among PalmSource, Inc., a Delaware corporation (“PalmSource”) and Palm, Inc., a Delaware corporation (“PalmOne”) is amended and restated on September 24, 2003 (the “Execution Date”) and shall be effective as of June 2, 2003 (the “Effective Date”). Capitalized terms used herein but not otherwise defined shall have the meanings set forth in Article 2.
TRADEMARK LICENSE AGREEMENT Between Palm Trademark Holding Company, LLC and Palm, Inc. (AMENDED AND RESTATED AS OF SEPTEMBER 24, 2003)Trademark License Agreement • September 25th, 2003 • Palm Inc • Computer terminals • California
This Trademark License Agreement is effective as of the effective date of the Tax-Free Spin-Off (“Effective Date”), between Palm Trademark Holding Company, LLC, a Delaware Limited Liability Company (“Holding”), having an office at 1240 Crossman, Sunnyvale, California 95054 and Palm, Inc., a Delaware corporation (“PalmOne” or “Licensee”), having an office at 400 N. McCarthy Blvd., Milpitas, California 95054, and is amended and restated on September 24, 2003.
