Exhibit 10-6
Microsoft
1993/1994 Channel
Agreement
This Agreement ("Agreement") is entered into is of the 1st day of July, 1993
between MICROSOFT CORPORATION ("MS") having its principle place of business at
One Microsoft Way, Redmond, WA 98052-6399 and DJ&J SOFTWARE CORPORATION d.b.a.
EGGHEAD SOFTWARE ("CUSTOMER") having its principle place of business at 22011
SE 51st Street, Issaquah, WA 98027 .
1. Definitions
1.1 "Customer Satisfaction Product" is defined us Product returned to
CUSTOMER by its End Users as being unacceptable.
1.2 "Defective Product" is defined as Product containing a
manufacturer's defect in materials or media.
1.3 "Distributor" is defined is any MS customer which purchases MS
Product directly from MS, and distributes said Product to Resellers.
1.4 " End User" is defined as the ultimate consumer of MS Product.
1.5 "Financial Statement" is defined as a Balance Sheet as of the last
day of the calendar quarter, and an Income Statement and Statement of Cash
Flows for the quarter and year-to-date, containing as much detail as is
required in United States Securities and Exchange Commission statements, and
prepared in accordance with Generally Accepted Accounting Principles ("GAAP").
Any deviation from GAAP in the quarterly statements shall be clearly noted.
These settlements must be signed by an officer of CUSTOMER as being
representative of the books and accounts of CUSTOMER.
1.6 "Franchisor" is defined as any MS customer which purchases MS
Product directly from MS and distributes said Product to franchisees and
affiliates.
1.7 "Obsolete Products" is defined as those MS Products no longer
listed on MS' Price List. Prior versions of current MS products are not
considered Obsolete Products.
1.8 "Price List" is defined as MS' then current listing of available
MS Products and their associated suggested retail prices.
1.9 "Product" is defined as any MS Stock Keeping Unit ("SKU") listed
on MS's current Price List.
1.10 "Product Authorization Category" is defined as one or more defined
set of MS Products which is available for resell only from those CUSTOMERs
authorized in written by MS.
1.11 "Promotional Product" is defined as MS Products eligible for
resale by CUSTOMER for limited time only. Free Product promotions are not
considered Promotional Product.
1.12 "Purchase Credit" is defined as credit to CUSTOMER's account with
MS for use toward future purchases of MS Product.
1.13 "Reseller" is defined as any software retailer which purchases MS
Product from MS or a MS authorized Distributor, Franchisor or Rack Jobber.
1.14 "Return Authorization Number" is defined as the unique number
assigned to CUSTOMER by MS for the purpose of Product returns from CUSTOMER to
MS.
1.15 "Semester" is defined as a six (6) month period. There are two
(2) semesters in the calendar year: January 1 through June 30, and July 1
through December 31.
1.16 "Inventory Balancing" is defined as the return of eligible MS
Products for the purpose of reducing CUSTOMER's stock of such Products.
1.17 "Warehouse" is defined as CUSTOMERs location(s) for receipt of
Product from MS.
2. Term of Agreement
2.1 Term
This Agreement shall take effect on the Effective Date and shall continue
until June 30, 1994.
2.2 Termination
Either MS or CUSTOMER may terminate this Agreement and/or any amendment hereto
at any time, with or without cause, upon thirty (30) days prior written
notice. Neither party shall be responsible to the other for any costs or
damages resulting from the termination of this Agreement. Rights to payment
of money which have accrued prior to termination shall survive termination.
Any Products acquired by CUSTOMER pursuant to this Agreement which are in its
possession as of the termination of this Agreement shall be distributed by
CUSTOMER subject to the restrictions in this Agreement, or may only be
returned to MS within sixty (60) days of termination only as authorized
herein. CUSTOMER shall make a final report to MS within ninety (90) days of
termination of this Agreement. Termination of this Agreement shall
automatically terminate any amendments hereto.
3. CUSTOMER Obligations 3.1 Financial Statements
CUSTOMER will provide to MS' credit management quarterly Financial Statements
within forty-five (45) days after the end of each calendar quarter. CUSTOMER
financial statements will be used by MS' credit department solely for the
purpose of establishing and reviewing CUSTOMER's credit. Financial Statements
should be forwarded to attn. Credit Manager, Finance, Microsoft, One
Microsoft Way, Redmond, WA 98052-6399.
3.2 Payment Terms
Payment terms are net ----- (-----) days from the date of MS' invoice, subject
to approval of open discount terms by MS. Amounts outstanding over ----- (---
- - --) days may be assessed a finance charge of the then-current prime rate plus
two percent (2%) per month or the legal maximum, whichever is less. Failure
by CUSTOMER to meet payment terms may result in a hold by MS of all pending
CUSTOMER orders.
All invoices from MS shall include CUSTOMER's purchase order number. Invoices
shall be sent to CUSTOMER's corporate headquarters as named in the Agreement,
attention Accounts Payable, or to any other facility CUSTOMER may designate,
provided however, that such designation must be made in writing to MS thirty
(30) days prior to the change.
3.3 Shipment Shortage Claims
CUSTOMER shall submit all claims for shortages and/or variances in shipments
to MS in writing within fifteen (15) days of CUSTOMER's receipt of the
shipment. All claims made with respect to freight collect shipments must
include written proof of delivery. All such claims not submitted in writing
to MS within the fifteen (15) day period shall be deemed waived by CUSTOMER.
3.4 No Other Product Warranties by CUSTOMER
Neither CUSTOMER nor any of its employees or agents shall have any right to
make any other warranties or promises for the use of Product which are not
contained in the written warranty document accompanying the Product. CUSTOMER
may, however, make representations and give instructions for the use of the
Product which are contained on the Product label or container, or End User
documentation provided with the manual or MS product literature denoted by a
MS part number or authorized in writing by MS.
3.5 No Alterations of Product
CUSTOMER shall not alter the Products or Product packaging, and shall have no
authority to make copies of MS diskettes or documentation. CUSTOMER shall
distribute Products to its customers in unopened packages as shipped by MS.
3.6 Use of Trademarks
The appropriate trademark symbol (either "TM" or "*" in a superscript
following the Product name) shall be used whenever a Product name is first
mentioned in any advertisement, brochure, or other material circulated or
displayed by CUSTOMER. MS' current trademark list is attached hereto as
Schedule A.
3.7 Authorized Distribution
Products acquired under this Agreement shall be distributed only within the
geographic boundaries of the United States. CUSTOMER shall not distribute
Products to any one Reseller or End User whom they have reason to believe may
re-distribute such Products outside of the United States without the prior
written consent of MS.
3.8 Taxes
CUSTOMER shall be liable for all sales, use, value added, duties, tariffs or
other similar taxes of any nature whatsoever associated with the distribution
of the Product, and shall indemnify and hold MS harmless from any such taxes.
4. MS Obligations
4.1 Assistance with Reporting
Upon request, MS shall use best efforts to assist CUSTOMER in data reporting,
and will work with CUSTOMER's MIS department to facilitate the data reporting
process.
4.2 New Products
MS may elect at any time during the time of this Agreement to announce new
products to which the terms and conditions of this Agreement do not apply.
New versions, upgrades, and maintenance releases of existing Products will not
be considered new products.
4.3 Inventory Price Protection
During the term of the Agreement, MS shall grant CUSTOMER a price adjustment
against Product suggested retail price reductions made by MS, which price
reductions are made on an indefinite basis, on all CUSTOMER's inventory. Such
price adjustment shall be in the form of a Purchase Credit equal to the
difference between the price paid by CUSTOMER for the Product during the -----
(-----) months prior to the price reduction and the reduced price, and shall
be paid no later than ----- (-----) days after CUSTOMER provides proof of
inventory. Special temporary prices and promotional offerings, which may
include price reductions. free goods, or additional discounts, shall not be
considered a price reduction to which this section applies.
4.4 No Warranties for Products Not Manufactured by MS
MS makes no warranties as to items distributed under a third party name,
copyright, trademark or trade name which may be included within the retail
package of a Product sold hereunder. To the extent permitted by its contract
with the supplier of such included item, MS shall assign to CUSTOMER any
rights that MS may have under such supplier's warranty.
4.5 Audits
MS may audit the applicable records of CUSTOMER as is reasonable to verify
CUSTOMER's compliance with the terms of this Agreement. CUSTOMER shall
promptly correct any efforts and omissions disclosed by such audit. Any audit
will be conducted during CUSTOMER's normal business hours in such a manner as
not to unreasonably interfere with CUSTOMER's normal business activities.
5. CUSTOMER and MS Obligations 5.1 Order Processing
CUSTOMER shall order Products from MS by written or electronically transmitted
purchase order. All orders by CUSTOMER shall be in Master Pack quantities
only. MS shall have five business days from receipt to reject any purchase
order. MS shall fulfill unconditional written or electronic purchase orders
from CUSTOMER, subject to CUSTOMER's credit limits and approved Average
Payment Days ("APD") guidelines as determined by MS.
5.2 Defective Product Returns and Product Warranty
CUSTOMER shall allow its customers to exchange Defective Products within the
warranty periods provided for by MS provided that the customer has complied
with the applicable Product warranty. CUSTOMER shall submit a request for
authorization to return defective Products summarizing the quantities of each
Product to be returned. Upon verification of meeting Defective Product return
terms, MS shall issue a return authorization, which shill expire ----- (-----)
days from the due of issue.
MS shall provide CUSTOMER with a Purchase Credit or replacement for all
defective Products returned to MS. Defective Product returns shall be limited
to ----- percent (-----%) of CUSTOMER's average monthly net purchases for the
- - ----- (-----) months prior to the return. Only current versions of MS Product
shall be eligible for return under this section. Defective Product shall, at
MS' sole discretion, be destroyed at CUSTOMER locations, or returned to MS.
All Defective Products returned to MS shall be shipped freight prepaid by
CUSTOMER in cartons clearly marked with the Return Authorization Number and a
packing slip affixed to the carton. MS shall pay freight costs for shipment
of replacement Products from MS to CUSTOMER. CUSTOMER shall be subject to
inspection fee equivalent to ----- percent (-----%) and a restocking charge
equivalent to ----- percent (-----%) of the then current CUSTOMER price for
each returned Product which CUSTOMER asserts is defective but which is found
by MS to conform to the warranties made herein. Such inspection fee shall be
waived for those Products destroyed pursuant to the terms of MS' current
onsite destruction return policy. At CUSTOMER's discretion, non-defective
Product will be returned to CUSTOMER, or will be included in CUSTOMER's normal
inventory balancing.
MS may at its sole discretion, issue a manufacturer's recall for any MS
Product inadvertently released with significant defects.
MS warrants its software and hardware Products to End Users as defined in the
written limited warranty document accompanying each Product. MS will accept
all Products returned by End Users for failure to meet the written limited
warranty which are processed by CUSTOMER provided that: (i) written notice of
the End User warranty claim is received by MS from CUSTOMER within thirty (30)
days of CUSTOMER's receipt of such claim from the End User (ii) after MS'
authorization, the non-conforming" Products are returned by CUSTOMER to MS,
freight charges prepaid; and (iii) after examination, MS determines to its
satisfaction that the Products are nonconforming. All replacement Products
are delivered subject to the terms of the MS limited product warranty.
CUSTOMER's sole remedy and MS' sole obligation under this Section 4.4 shall
be, at MS' election, replacement of the returned Product or issuance oft
Purchase Credit to CUSTOMER's account. THE ABOVE LIMITED WARRANTIES ARE IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
OF ALL OTHER OBLIGATIONS OR LIABILITIES ON MS' PART.
5.3 Marketing Funds
Periodically, MS may allow CUSTOMER to participate in programs which provide
the opportunity to earn marketing funds. CUSTOMER's participation in such
programs shall be governed by CUSTOMER's then current Microsoft Rebate and
Marketing Fund Agreement, and Microsoft's Marketing Fund Guidelines.
5.4 Rebates
Periodically, MS may allow CUSTOMER to participate in programs which provide
the opportunity to earn rebates as described in CUSTOMER's current Microsoft
Rebate and Marketing Fund Agreement.
6. Patent, Copyright and Trademark Infringement
MS shall defend and pay the amount of any final adverse judgment against
CUSTOMER, or settlement to which MS has consented, resulting from claims of
infringement of any United States patent, copyright, trademark and/or service
mark with respect to a Product, provided that the Product has not been
altered, and provided further that MS is notified promptly in writing of such
a claim and has sole control over its defense or settlement and CUSTOMER
provides reasonable assistance in the defense of the same.
7. Limitation of Liability
Neither MS nor anyone else who has been involved in the creation, production,
or delivery of the Products which are the subject of this agreement shall be
liable for any indirect, consequential or incidental damages (including
damages for loss of business profits, business interruption, loss of business
information, and the like) arising out of the use or inability to use the
products even if MS has been advised of the possibility of such damages.
8. Delay in Performance
Neither party shall be liable for failure or delay in the performance of any
of its obligations under this Agreement, except obligations for the payment of
money, if such delay or failure is caused by circumstances beyond the control
of the party affected. Strikes or other labor difficulties which are not
capable of being terminated on terms acceptable to the party affected shall
not be considered circumstances within the control of such party. In the
event of Product shortages, MS shall have the right to allocate available
supplies of the Products in its sole discretion.
9. No Waiver
None of the provisions of this Agreement shall be deemed to have been waved by
any act or acquiescence on the part of MS, CUSTOMER or their respective agents
or employees, but may be waved only by an instrument in writing signed by an
authorized officer of the waiving party. No waiver of any provision of this
Agreement shall constitute a waiver of any other provision or of the same
provision on another occasion.
10. No Partnership or Agency
Nothing in this Agreement shall be deemed to create or constitute a
partnership, joint venture, agency, or contract of employment between MS and
CUSTOMER.
11. Attorney's Fees; Governing Law
In the event an action is commenced to enforce a party's rights under this
Agreement, the prevailing party in such action shall be entitled to recover
its costs and attorneys' fees. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Washington. CUSTOMER
consents to nonexclusive jurisdiction and venue in King County, Washington.
12. Entire Agreement
This Agreement and all attached Amendments and Schedules constitute the entire
agreement between MS and CUSTOMER, and supersedes and terminates any and all
prior agreements or contracts, written or oral, entered into between the
parties relating to the subject matter hereof. Any representations, promises,
or conditions in connection therewith not in writing signed by both parties
shall not be binding upon either party. This Agreement shall control over any
provisions in purchase orders which are inconsistent with this Agreement.
13. U.S. Government Restricted Rights
Any Product which CUSTOMER distributes or licenses to or on behalf of the
United States of America, its agencies and/or instrumentalities (the
"Government"), are provided to CUSTOMER with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to restriction as set
forth in subparagraph (c)(1)(ii) of the rights in Technical Data and Computer
Software clause at DFAR 252.2277013, or is set forth in the particular
department or agency regulations or rules which provide MS protection
equivalent to or greater than the above-cited clause. CUSTOMER shall comply
with any requirements of the Government to obtain such RESTRICTED RIGHTS
protection, including without limitation, the placement of any restrictive
legends on the Product software, Product documentation, and any license
agreement used in connection with the distribution of the Product.
Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond. Washington
98052-6399. Under no circumstances shall MS be obligated to comply with any
Governmental requirements regarding the submission of or the request for
exemption from submission of cost or pricing date or cost accounting
requirements. For any distribution or license of the Product that would
require compliance by MS with Governmental requirements relating to cost or
pricing data or cost accounting requirements, CUSTOMER must obtain an
appropriate waiver or exemption from such requirements for the benefit of MS
from the appropriate Governmental authority before the distribution and/or
license of the Product to the Government.
14. Confidentiality
CUSTOMER and MS expressly undertake to retain in confidence the terms and
conditions of this Agreement. and all information and know-how transmitted and
make no use of such information and know-how except under the terms and during
the existence of this Agreement. CUSTOMER and MS shall guarantee and ensure
its employees' compliance with this paragraph. CUSTOMER's and MS's
obligations under this paragraph shall survive any termination of this
Agreement and shall extend to the earlier of such time as the information is
public domain or five (5) years following the termination of this Agreement.
15. No Assignment
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns, provided that CUSTOMER and
MS may not assign its rights or obligations under this Agreement in any way
without the prior written consent of the other party.
16. Notices
All notices sent by MS and CUSTOMER regarding termination or breach of this
Agreement shall be sent to the other party via certified mail, return receipt
requested, or via overnight courier service (e.g. Federal Express, DHL, etc.).
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates
indicted below. This Agreement is not binding until executed by MS.
MICROSOFT CORPORATION ("MS") DJ&J SOFTWARE CORPORATION d.b.a.
EGGHEAD SOFTWARE ("CUSTOMER")
By: By:
Name (please print) Name (please print)
Title Title
Date Date
Schedule A
MS Trademark List
Product Name Environment Line
Microsoft Access* for WindowsTM
Microsoft Access* Distribution Kit for WindowsTM
Microsoft Access* Exploration Kit for WindowsTM
Microsoft* Aircraft & Scenery Designer for MS-DOS*
Microsoft* BallPoint* (none)
Microsoft* BallPoint* with QuickPortTM Connection (none)
Microsoft* Basic for Macintosh*<F1>
Microsoft* Basic for UNIX*
Microsoft* Basic for MS-DOS*
Microsoft* Basic for OS/2*<F2>
Microsoft* Bookshelf* for MS-DOS*
Microsoft* Bookshelf* for WindowsTM
Microsoft* C for MS-DOS*
Microsoft* C/C++ for MS-DOS*
Microsoft* C Developers Toolkit for MS-DOS*
Microsoft* Chart for MS-DOS*
Microsoft* Chart for Macintosh*
Microsoft* CinemaniaTM for WindowsTM
Microsoft* COBOL for UNIX*
Microsoft* COBOL for MS-DOS*
Microsoft* COBOL for OS/2*
Microsoft* CodeView* for MS-DOS*
Microsoft* CodeView* for WindowsTM
DCA*<F3> /Microsoft* Communications Server
(aka DCA*/Microsoft* Comm Server) Networking Series
DCA*/Microsoft* Communications Workstation Networking Series
Microsoft* Developer's System Networking Series
Microsoft* EncarataTM for WindowsTM
Microsoft* Entertainment Pack for WindowsTM
Microsoft* Excel for Macintosh*
Microsoft* Excel for MS-DOS*
Microsoft* Excel for OS/2*TM
Microsoft* Excel for WindowsTM
Microsoft* Excel for WindowsTM on CD-ROM
Microsoft* Excel Macro Programming Courseware for WindowsTM
Microsoft* File for Macintosh*
Microsoft* Flight Simulator*<F4> for MS-DOS*
Microsoft* Flight Simulator* for Macintosh*
Microsoft* FORTRAN for UNIX*
Microsoft* FORTRAN for MS-DOS*
Microsoft* FORTRAN for OS/2*
Microsoft* FORTRAN Powerstation for MS-DOS*
Microsoft* FoxBASE+* for Macintosh*
[FN]
<F1> Macintosh is a registered trademark of Apple Computer, Inc.
<F2> OS/2 is a registered trademark of International Business Machines
Corporation.
<F3> DCA is a registered trademark of Digital Communications Associates.
<F4> Flight Simulator is a registered trademark of Bruce Artwick.
Schedule A
MS Trademark List
Product Name Environment Line
Microsoft* FoxPro* for MS-DOS*
Microsoft* FoxPro* for WindowsTM
Microsoft* Game Shop for MS-DOS*
Microsoft* Golf for WindowsTM
Microsoft* GW-BASIC* for MS-DOS*
Microsoft* GW-BASIC* for MS-DOS*
Microsoft* Hewlett-Packard*<F5> Font Pack for WindowsTM
Microsoft* HG Translator (none)
Microsoft* InPort* for MS-DOS*
Microsoft* LAN Manager Networking Series
Microsoft* LAN Manager for UNIX*<F6> Networking Series
Microsoft* LAN Manager Network Device Driver Kit Networking Series
Microsoft* LAN Manager Remote Access Service Networking Series
Microsoft* LAN Manager Services for Macintosh* Networking Series
Microsoft* LAN Manager Sockets Development Kit Networking Series
Microsoft* LAN Manager TCP/IP Utilities Networking Series
Microsoft* LAN Manager Toolkit for Visual
BasicTM Networking Series
Microsoft* Learning MS-DOS* for MS-DOS*
Microsoft* Macro Assembler for MS-DOS*
Microsoft* Macro Assembler for OS/2*
Microsoft* Mail AppleTalk<F7> and
compatible
networks
Microsoft* Mail PC Networks
Microsoft* MAS for MS-DOS*
Microsoft* Modular WindowsTM
Microsoft* Modular WindowsTM Software
Development Kit for WindowsTM
Microsoft* Mondrian* for MS-DOS*
Microsoft* Money for WindowsTM
Microsoft* Mouse (none)
Microsoft* MS-DOS*
Microsoft* MS-DOS* 5 Upgrade
Microsoft* MS-DOS* 6
Microsoft* MS-DOS* CD-ROM Extensions CD-ROM Series
Microsoft* MS-DOS* Manager for MS-DOS*
Microsoft* MS-DOS* QBasicTM for MS-DOS*
Microsoft* MS-DOS* Shell for MS-DOS*
Multimedia Beethoven: The Ninth Symphony for WindowsTM on CD-ROM
Microsoft* Multimedia Development Kit for WindowsTM
Microsoft* Multimedia Viewer for WindowsTM
Microsoft* Multiplan* for Macintosh*
Microsoft* Multiplan* for MS-DOS*
Microsoft* Multiplan* for OS/2*
Microsoft* Musical Instruments for WindowsTM
[FN]
<F5> Hewlett-Packard is a registered trademark of Hewlett-Packard Company.
<F6> UNIX is a registered trademark of UNIX Systems Laboratories.
<F7> AppleTalk is a registered trademark of Apple Computer, Inc.
Schedule A
MS Trademark List
Product Name Environment Line
Microsoft* Networks for MS-DOS*
Microsoft* Networks for UNIX*
The Microsoft* Office for Macintosh*
The Microsoft* Office for WindowsTM
The Microsoft* Office for WindowsTM on CD-ROM
The Microsoft* Office for Macintosh* on CD-ROM
Microsoft* OnCall (none: miscellaneous)
Microsoft* OnLine (none: miscellaneous)
Microsoft* OnLine for WindowsTM (none: miscellaneous)
Microsoft* Open EIS Pak for WindowsTM
Microsoft* Open EIS Pak for Macintosh*
Microsoft* Operating System/2*
(aka MS* OS/2*, Microsoft* OS/2*)
Microsoft* Original Mouse (none)
MS* OS/2* LADDR Development Kit for OS/2*
Microsoft* OS/2* LAN Manager Network
Device Driver Kit for OS/2*
Microsoft* OS/2* Presentation
Manager*<F8> Softset for OS/2*
Microsoft* OS/2* Presentation Manager* Toolkit for OS/2*
MS* OS/2* Software Development Kit for OS/2*
Microsoft* PaintbrushTM<F9> for MS-DOS*
Microsoft* Pascal for MS-DOS*
Microsoft* Pascal for OS/2*
Microsoft* Pascal for UNIX*
Microsoft* PC Paintbrush*<F10> for WindowsTM
Microsoft* PowerPoint* for Macintosh*
Microsoft* PowerPoint* for MS-DOS*
Microsoft* PowerPoint* for WindowsTM
Microsoft* Presentation Manager*/X for UNIX*
Microsoft* Productivity Pack for WindowsTM
Microsoft* Professional Advisor Library Kit for MS-DOS*
Microsoft* Professional Advisor Library Kit for OS/2*
Microsoft* Professional Toolkit for
Visual BasicTM for WindowsTM
Microsoft* Profit for WindowsTM
Microsoft* Programmer's Library CD-ROM Series
Microsoft* Project for Macintosh*
Microsoft* Project for MS-DOS*
Microsoft* Project for WindowsTM
Microsoft* Publisher for WindowsTM
Microsoft* Publisher Design Pack for WindowsTM
Microsoft* Quick AssemblerTM for MS-DOS*
Microsoft Quick BasicTM for Macintosh*
Microsoft Quick BasicTM for MS-DOS*
Microsoft Quick BasicTM Interpreter for MS-DOS*
[FN]
<F8> Presentation Manager is a registered trademark of International Business
Machines Corporation.
<F9> Paintbrush is a trademark of ZSoft Corporation.
<F10> PC Paintbrush is a registered trademark of ZSoft Corporation.
Schedule A
MS Trademark List
Product Name Environment Line
Microsoft* QuickC* for MS-DOS*
Microsoft* QuickC* for WindowsTM
Microsoft* QuickC* Compiler with
QuickAssemblerTM for MS-DOS*
Microsoft* QuickPascal* for MS-DOS*
Microsoft* Schedule+ for Macintosh*
Microsoft* Schedule+ for WindowsTM
Microsoft* Small Business Consultant CD-ROM Series
Microsoft* Soft/Print (none: miscellaneous)
Microsoft* SoundBitsTM for WindowsTM
Microsoft* SQL Administrator for WindowsTM Networking Series
Microsoft* SQL Bridge Networking Series
Microsoft* SQL Server Networking Series
Microsoft* SQL Server Programmer's Toolkit Networking Series
Microsoft* SQL Server Software Development Kit for Windows NTTM
Microsoft* Stat Pack CD-ROM Series
Microsoft* Support Advantage Service (none)
Microsoft* System V/386 Release 3.2 for UNIX*
Microsoft* Test for WindowsTM
Microsoft* TrueImageTM (none: miscellaneous)
Microsoft* TrueType*<F11> Font Pack for WindowsTM
Microsoft* TrueType* Font Pack 2 for WindowsTM
Microsoft* Video for WindowsTM
Microsoft* Visual BasicTM for MS-DOS*
Microsoft* Visual BasicTM for MS-DOS*
Microsoft* Visual BasicTM for WindowsTM
Microsoft* Visual BasicTM for WindowsTM
Microsoft* Visual BasicTM with Professional
Toolkit for WindowsTM
Microsoft* Visual C++TM for WindowsTM
Microsoft* Visual C++TM for WindowsTM
Microsoft* Visual Control Pack for WindowsTM
Microsoft* Visual Tool Suite for WindowsTM
Microsoft* Win32TM for WindowsTM
Microsoft* Win32sTM for WindowsTM
Microsoft* WindowsTM for MS-DOS* (version 3.0)
Microsoft* WindowsTM/286 for MS-DOS*
Microsoft* WindowsTM/386 for MS-DOS*
Microsoft* WindowsTM & MS-DOS* 5
for IBM*<F12> PS/2*<F13>
Microsoft* WindowsTM & MS-DOS* 5 Upgrade
Microsoft* WindowsTM Device Driver Kit for MS-DOS*
Microsoft* WindowsTM for OS/2* Development Kit for MS-DOS*
Microsoft* WindowsTM for OS/2* Development Kit for OS/2*
Microsoft* WindowsTM for Workgroups for WindowsTM
[FN]
<F11> TrueType is a registered trademark of Apple Computer, Inc.
<F12> IBM is a registered trademark for International Business Machines
Corporation.
<F13> PS/2 is a registered Trademark of International Business Machines
Corporation.
Schedule A
MS Trademark List
Product Name Environment Line
Microsoft* WindowsTM Libraries for OS/2*
Development Kit for MS-DOS*
Microsoft* WindowsTM Libraries for OS/2*
Development Kit for OS/2*
Microsoft* WindowsTM Printing System for WindowsTM
Microsoft* WindowsTM Software Development Kit for MS-DOS*
Microsoft* WindowsTM Sound System for WindowsTM
Microsoft* WinLogin for WindowsTM
Microsoft* Word for Macintosh*
Microsoft* Word for MS-DOS*
Microsoft* Word for WindowsTM
Microsoft* Word for OS/2*
Microsoft* Word for WindowsTM & Bookshelf,
Multimedia Edition* for WindowsTM
Microsoft* Works for Macintosh*
Microsoft* Works for MS-DOS*
Microsoft* Works for WindowsTM
Microsoft* Works, Multimedia Edition for WindowsTM on CD-ROM
Microsoft* Write for Macintosh*
Microsoft* XENIX* System V/286 for UNIX*
Microsoft* XENIX* System V/386 for UNIX*