AMENDMENT TO EDGE COMPUTING NETWORK SERVICE AND LICENSE AGREEMENT
This Amendment to Edge Computing Network Service and License Agreement (“ Amendment ”) is
entered into as of the later of the two signature dates below (“ Amendment Effective Date ”). The Amendment
relates to that certain Edge Computing Network Service and License Agreement entered into as of March 1,
2007 (“ Agreement ”) between Microsoft Corporation, a Washington corporation, with its principal place of
business at One Microsoft Way, Redmond, Washington 98052-6399 (“ Microsoft ”), and Limelight Networks,
Inc., a Delaware corporation with its principal place of business at 2220 W. 14th Street, Tempe, Arizona 85281
(“ Limelight ”).
Under the Agreement, Limelight agreed to license certain Limelight Software (defined in the Agreement) to
Limelight has been involved in litigation (“ Akamai Litigation ”) in which a jury verdict (which may hereafter be
dismissed, reversed, remanded, vacated, or otherwise determined to be of no cause or effect), has been
rendered stating that Limelight’s provision of CDN services to its customers (which CDN services used Limelight
Software) infringes certain patent claims of Akamai Technologies, Inc. (U.S. patent number 6,108,703).
Limelight has created or is creating a new version of the Limelight Software (“ A2 Software ”, described more
fully in Exhibit A), which Limelight believes is or will be non-infringing.
Microsoft contends that Limelight has a current, unperformed obligation under Section 14(c) of the Agreement
to, at Limelight’s expense, modify or replace the Limelight Software to the extent that it has been held to infringe.
Limelight contends that it has no current, unperformed obligations to Microsoft under Section 14(c).
To resolve this dispute, Microsoft and Limelight now wish to amend the Agreement as set forth below, to provide
for the implementation of the A2 Software within Microsoft’s infrastructure. The parties recognize that this