Microsoft Corporation - Page 15




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         “internal use” in furtherance of its license to adapt, reproduce,            
         and distribute the computer software in object code form.  Pertinent         
         provisions of the source code license are as follows:                        
              19.  LICENSE GRANT FOR SOURCE CODE                                      
              (a) MS grants to COMPANY a nonexclusive, personal,                      
              nontransferable, nonassignable license during the term of               
              the Agreement to use and modify the source codes of the                 
              Products (“Source Code”) *  *  *                                        
              (b) The license granted hereunder shall extend to                       
              the Source Code for any new releases to each Product as                 
              are supplied by MS and accepted by COMPANY. * * *                       
              (c) COMPANY hereby conveys to MS all right, title                       
              and interest to any modifications made to the Source Code               
              by COMPANY.  MS grants to COMPANY non-exclusive marketing               
              and distribution rights to the object code version of any               
              modifications made to the Source Code by COMPANY * * *                  
                   (d) Notwithstanding anything to the contrary                       
              contained herein, COMPANY shall not reproduce, duplicate,               
              copy or otherwise disclose, distribute or disseminate                   
              Source Code (code or listing) in any media except for                   
              COMPANY’s own internal use by COMPANY’S full-time                       
              employees on a need-to-know basis on COMPANY premises. *                
              * *                                                                     
         The foreign OEM’s paid royalties for the source code in addition to          
         other royalty payments.                                                      
              In some instances, petitioner provided a foreign OEM with an            
         OEM adaptation kit (OAK), which contained a copy of the product’s            
         object code, sample adaptation code, and related documentation.  An          
         OAK assisted foreign OEM’s to adapt operating systems to personal            
         computers.  Whether a foreign OEM needed the adaptation code                 
         depended on its particular computers.                                        







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Last modified: May 25, 2011