Microsoft Corporation - Page 11




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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