Novell: SCO's wrong about SuSE deal

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but but

Read the paragraphs in question between Novell and the Santa Cruz Organization (which is NOT the SCO group that McBride heads up).

http://www.groklaw.net/comment.php?mode=display&sid=20031119011337666&title=Novell+responds&type=article&order=&pid=24052

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(2) subject to paragraphs B and C of this Section II, to sublicense and distribute, and authorize its customers to sublicense and distribute, such Licensed Technology and modifications thereof, in source and binary form; provided, however, that (i) such technology and modifications may be sublicensed and/or distributed by NOVELL solely as part of a bundled or integrated offering ("Composite Offering"); (ii) such Composite Offering shall not be directly competitive with core application server offerings of SCO, and (iii) the Licensed Technology shall not constitute a primary portion of the value of such Composite Offering. SCO understands and acknowledges that such restrictions on sublicensing and/or distribution shall not affect any rights specifically retained by NOVELL under the Asset Purchase Agreement, including but not limited to rights under Transitional Contracts.

B. In the event of a Change of Control of SCO, and commencing with the effective date of such Change of Control, the proviso in subparagraph IIA(2) setting forth restrictions on the sublicense and/or distribution of Licensed Technology and modifications thereof shall cease to exist.

Posted by: mobrien_12@...   Posted on: 11/19/03 You are currently: a Guest | Members login | Terms of Use

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