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Re: 4retire post# 20733

Tuesday, 11/24/2015 6:49:33 PM

Tuesday, November 24, 2015 6:49:33 PM

Post# of 38725
I find this to be interesting: Exhibit A6 indicates that on September 20, 2000 Plaintiff DFI and ISI signed an addendum to their PVS/SGI license agreement whereby both parties warrant that DFI had assigned the underlying license agreement to Defendant DFMI as part of a merger in which DFMI acquired all assets of DFI. The document was signed by the then President of DFI, Tom Simpson. The document titled PVS/SGI Video License Agreement appears clear and unambiguous. It states: (a) DFI has assigned the Agreement to DFMI as part of a merger in which DFMI acquired all the assets of DFI; and (b) DFMI has agreed in writing to assume all the obligations of DFI. (b) Such derivatives shall be provided to DFMI as mutually agreed but in any case prior to the termination of this [Section] Once received by DFMI, such derivatives will be included as part of the PVS/SGI Source Code.