PATENT LICENSE AGREEMENT
As of November 7, 2003 (“Effective Date”), the parties to this Patent License Agreement (“Agreement”), Notify Technology
Corporation, Inc. (“Notify”), a California corporation, with a place of business at 1054 South De Anza Blvd, San Jose, California
95129 and NCR Corporation (“NCR”), a corporation organized and existing under the laws of the State of Maryland, with a place
of business at 1700 South Patterson Boulevard, Dayton, Ohio 45479, agree as follows:
WHEREAS, NCR is the sole owner of U.S. Patent 6,163,274; and
WHEREAS, Notify is a provider of NotifyLink software, which enables application deployment and management across multiple
devices and network connections while maintaining desktop functionality and usability; and
WHEREAS, Notify is desirous of securing from NCR, and NCR is willing to grant to Notify, on the terms and conditions
expressly set forth in this Agreement, a non-exclusive license under the above-mentioned patent.
WHEREAS, Notify is desirous of securing from NCR, and NCR is willing to provide Notify, on the terms and conditions
expressly set forth in this Agreement, a covenant not to assert any NCR patents against Notify for a limited period of time.
WHEREAS, Notify is desirous of securing deferred payment terms from NCR for a fully paid up license.
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October 7, 2003
NOW, THEREFORE, NCR and Notify agree as follows:
1.1 “Foundry Product” shall mean a product which is either (i) designed by or for a third party without substantial input from
Notify, and manufactured, reproduced, sold, leased, licensed or otherwise transferred from Notify (a) to that third party, or
(b) to customers of that third party, or (c) to customers directed by that third party on essentially an exclusive basis; or (ii)
designed, manufactured, reproduced, sold, leased, licensed or otherwise transferred through or by Notify for the primary
purpose of circumvent