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Whether a foreign OEM and petitioner entered into a license
agreement or a distribution agreement depended upon several factors,
such as the foreign OEM’s projected volume of computer sales, the
size of the market for a particular software product, and
petitioner’s confidence in the foreign OEM’s trustworthiness and
recordkeeping. Pertinent provisions of the standard OEM agreement
include the following provisions:
2. LICENSE GRANT
(a) MS [Microsoft] grants to COMPANY [licensee] the
following nonexclusive, worldwide license rights:
(i) to adapt the Product as necessary
to enable it to execute on COMPANY’s Customer
System(s);
(ii) to reproduce and manufacture the
Product in object code form; and
(iii) to distribute directly or
indirectly and license the Product in object
code form to end users, under the terms of
COMPANY’s end user license agreement.
All rights not expressly granted, including without
limitation translation rights, are reserved by MS.
* * * * * * *
7. COPYRIGHT NOTICES; TRADEMARKS
(a) COMPANY will cause to appear on the container
and labels of each copy of Product, the copyright and
patent notices for the Product that appear on the
applicable release of the Product as provided to COMPANY
pursuant to Section 2 hereof * * *
(b) COMPANY shall market the Product only under the
Product name(s) for such Product as specified * * * and
COMPANY agrees to use the appropriate trademark symbol *
* * and clearly indicate MS’ ownership of its
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Last modified: May 25, 2011