EX-10.21: ADDENDUM SIX TO THE SOFTWARE LICENSE AGREEMENT

EX-10.21 2 y58125exv10w21.htm EX-10.21: ADDENDUM SIX TO THE SOFTWARE LICENSE AGREEMENT EX-10.21

Exhibit 10.21

ADDENDUM SIX
TO THE
SOFTWARE LICENSE AGREEMENT
BETWEEN
DELL PRODUCTS L.P.
AND
COMMVAULT SYSTEMS, INC.

This Addendum Six (“Addendum”) to the Software License Agreement dated December 17, 2003 (the “Agreement”), is entered into by and between Dell Products L.P. (hereinafter “Dell”) with its principal place of business at One Dell Way, Round Rock, Texas 78682, and CommVault Systems, Inc., (hereinafter “CommVault”) a Delaware corporation having a principal place of business at 2 Crescent Place, Oceanport, New Jersey 07757 (hereinafter “Licensor”) and is effective as of the 9^th day of August, 2007 (the “Effective Date”).

RECITALS

WHEREAS, CommVault and Dell entered into the Agreement through which COMMVAULT granted Dell various rights to distribute certain CommVault software products;

WHEREAS, CommVault and Dell wish to amend the Agreement and replace all Pricing Supplements previously agreed to and attached to the Agreements, including the initial Pricing Supplement, and as Addendum #1 dated April 26, 2004, Addendum #2 dated October 30, 2004, Addendum #3 dated May 1, 2005, Addendum #4 dated November 15, 2005, and Addendum #5 dated May 23, 2006.

NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein and for other good and valuable consideration, the receipt of which both parties hereby acknowledge, Dell and CommVault agree as follows:

Any capitalized terms defined in this Addendum are specific to this Addendum only, and do not modify or change the meaning set forth in the Agreement. Unless expressly defined in this Addendum, the capitalized terms in this Addendum are as defined in the Agreement. The Agreement shall remain in full force and effect except as supplemented and amended herein.

	1.		Any and all Pricing Supplements to the Agreement are hereby replaced in its entirety with the attached Exhibit A to this Addendum.

	2.		For purposes of clarification, in consideration for the payment by Dell of the Enhanced Services Fees described in Column 5 of the Pricing Supplement dated August 9, 2007, attached hereto as Exhibit A, CommVault agrees to provide hotline support to any and all end users that are in billable status on CommVault’s support tracking system. For clarification, billable status shall mean end-users who have not paid for ongoing maintenance and support services for the period in which such a request for support is made; For clarification, hotline support shall mean the provision of telephone support, in accordance with Provider’s standard policies, to help address problems or questions related to the use or operation of the Products.

	3.		The term of this Agreement, as specified in Section 9.1 of the Agreement, shall be modified so that the new term shall be one (1) year from the effective date of this Addendum Six, unless either party gives thirty (30) days notice of non-renewal prior to the end of this term or any renewal term, and this Agreement shall automatically renew for successive one (1) year periods thereafter.

	4.		This language shall replace the first sentence of Section 13.5 of the Agreement:

			“[**]”

Confidential

Page 1

No other changes or modification are intended by this Addendum. All other terms and conditions of the Agreement are in effect.

IN WITNESS WHEREOF, the parties have executed this Addendum by their duly authorized representatives as of the date first set forth above.


COMMVAULT SYSTEMS INC.			DELL PRODUCTS L. P.

By:	/s/ David R. West	By:	/s/ Joseph J. Kanicki


Name:	David R. West	Name:	Joseph J. Kanicki

Title:	VP Marketing and Business Development	Title:	Senior Manager

Date:	8/9/07	Date:	8/24/07

Confidential

Page 2

August 9, 2007

Exhibit A
Pricing Supplement
To the Software License Agreement
Between Dell Products L.P.
And Commvault Systems Inc.

Full Galaxy

Confidential

Page 3

1 yr

Update

Protection

Includes

Dell

Dell SW

Enhanced

Total

Total OEM

SKU

SKU Description

Cost

Support

Maintenance

COGS

SKU1

CommVault Master Server

$ [***]

SKU2

CommVault Windows Media Server (incl client agent)

$ [***]

SKU3

CommVault LAN Drive Pack (MM-LMS, MM-DMS)

$ [***]

SKU4

CommVault SAN Drive Pack

$ [***]

SKU5

CommVault Client Agent (iDA) – Windows

$ [***]

SKU6

CommVault Application Agent (iDA) – Exchange

$ [***]

SKU7

CommVault Client Agent (iDA) – Unix

$ [***]

SKU8

CommVault Unix Media Server 1 CPU (incl client
agent)

$ [***]

SKU9

CommVault Unix Media Server 2+ CPU (incl client
agent)

$ [***]

SKU10

CommVault Application Agent — Unix 1 CPU (Oracle/SAP)

$ [***]

SKU11

CommVault Application Agent — Unix 2+ CPU (Oracle/SAP)

$ [***]

SKU12

Upgrade key to unlock Galaxy Express to Galaxy

$ [***]

SKU13

CommVault Advanced Feature Pack for Master Server

$ [***]

SKU14

CommVault Advanced Feature Pack for Media Server

$ [***]

SKU15

CommVault Gridstor for Master Server

$ [***]

SKU16

CommVault Gridstor for Media Server

$ [***]

SKU17

CommVault Vault Tracker for Master Server

$ [***]

SKU18

CommVault Vault Tracker for Media Server

$ [***]

SKU19

CommVault File Archiver for Windows 1 CPU

$ [***]

SKU20

CommVault File Archiver for Windows 2+ CPU

$ [***]

SKU23

CommVault Client Agent for VMware or MS Virtual
Server

$ [***]

SKU24

CommVault NDMP Agent up to 6TB

$ [***]

SKU25

CommVault Direct Disk Option (DDO) up to 1TB

$ [***]

SKU26

CommVault One Touch Server

$ [***]

SKU27

CommVault One Touch Client

$ [***]

SKU28

CommVault Exchange Mailbox Archiver

$ [***]

SKU29

CommVault Client Access License up to 500 users

$ [***]

SKU30

CommVault Exchange Compliance Archiver

$ [***]

SKU31

CommVault Client Access License up to 1000 users

$ [***]

SKU32

Dell Maintenance — $1

$ [***]

SKU33

Dell Maintenance — $10

$ [***]

SKU34

Dell Maintenance — $100

$ [***]

SKU35

Dell Maintenance — $1000

$ [***]

SKU42

CommVault Client Agent (iDA) — Netware/NDS

$ [***]

SKU43

CommVault Client Agent (iDA) — Linux

$ [***]

SKU44

CommVault Client Agent (iDA) — Windows DT

$ [***]

SKU45

CommVault Client Agent (iDA) — Macintosh

$ [***]

SKU46

CommVault Application Agent (iDA) — Active Directory

$ [***]

SKU47

CommVault Application Agent (iDA) — Notes

$ [***]

SKU48

CommVault Application Agent (iDA) — Oracle

$ [***]

SKU49

CommVault Application Agent (iDA) — SQL

$ [***]

SKU50

CommVault Application Agent (iDA) — SharePoint

$ [***]

SKU51

CommVault Application Agent (iDA) — Groupwise

$ [***]

1 yr

Update

Protection

Includes

Dell

Dell SW

Enhanced

Total

Total OEM

SKU

SKU Description

Cost

Support

Maintenance

COGS

SKU52

CommVault Media Server — LINUX (incl client agent)

$ [***]

SKU53

CommVault Media Server — Netware (incl client agent)

$ [***]

SKU54

CommVault Client Agent for Cluster Virtual Node
(Win/Lin/NW)

$ [***]

SKU55

CommVault VMWare Consolidated Backup Bundle

$ [***]

SKU56

CommVault Data Classification enabler for Windows
Server

$ [***]

SKU57

CommVault Content Indexing Connector — Offline

$ [***]

SKU58

CommVault Content Indexing Connector — Online

$ [***]

SKU59

CommVault Content Indexing Server

$ [***]

SKU60

CommVault Proxy Host agent (Win/Lin)

$ [***]

SKU61

CommVault Image Level Backup agent (Win/Lin)

$ [***]

SKU62

CommVault Exchange Public Folder Archiver

$ [***]

SKU63

CommVault File Share Archiver

$ [***]

SKU64

CommVault File Archiver for Linux or Netware

$ [***]

SKU65

CommVault SharePoint Archiver

$ [***]

SKU66

CommVault Continuous Data Replicator (CDR) -
(Win/Lin)

$ [***]

SKU67

CommVault CommCell Encryption Enabler

$ [***]

SKU68

CommVault Auxilliary Copy Encryption (per Media
Server)

$ [***]

SKU69

Dell Software — $1 SKU

$ [***]

SKU70

Dell Software — $10 SKU

$ [***]

SKU71

Dell Software — $100 SKU

$ [***]

SKU72

Dell Software — $1000 SKU

$ [***]

SKU73

Dell Software — $10000 SKU

$ [***]

SKU74

CommVault Client Access License (1000 — 5000 users)

$ [***]

SKU75

CommVault Client Access License (5000+ users)

$ [***]

SKU76

CommVault Client Access License — Universal Discovery

$ [***]

SKU77

CommVault Direct Disk Option — up to 5TB

$ [***]

SKU78

CommVault Direct Disk Option — up to 10TB

$ [***]

SKU79

CommVault Direct Disk Option — up to 50TB

$ [***]

SKU80

CommVault Single Instance Store

$ [***]

SKU81

CommVault Galaxy 10 Server Bundle

$ [***]

SKU82

CommVault Galaxy 20 Server Bundle

$ [***]

SKU83

CommVault Remote Media Server Bundle (Win/NW)

$ [***]

SKU84

CommVault File System Archiving Bundle (Per Server)

$ [***]

SKU85

CommVault Exchange SMB Archiving Bundle — Up to 150 Users

$ [***]

SKU86

CommVault Storage Manager Server

$ [***]

SKU87

CommVault Storage Manager — Application Agent

$ [***]

SKU88

CommVault Storage Manager — File System Agent

$ [***]

SKU89

CommVault Data Monitor for Windows Server

$ [***]

Galaxy Express

1yr

Update

Protection

Includes

Dell

Dell SW

L2/L3

Enhanced

Tool

Total

SKU

SKU Description

Cost

Support

Maintenance

COGS

SKU36

Galaxy Express Small Business Server Edition:
1 Windows MediaAgent included
3 Application Agents included (SQL, Exchange and SharePoint)

$ [***]

Single tape drive support (no library support)
Includes 4 file system agents
Worm Support included

SKU37

Galaxy Express File Server Edition:
Galaxy Express (key code upgrade capability to Galaxy)
1 Windows or Storage Server2003 MediaAgent included
Single tape drive support (no library support)

$ [***]

Open File Support Included
Worm Support included
Max 15 total clients (agents)
Includes 4 file system agents

SKU38

Galaxy Express E-mail & Database Server Edition
1 Application Agent Included (Exchange, Notes, GroupWise, SQL, SharePoint or Oracle)
Galaxy Express (key code upgrade capability to Galaxy)
1 Windows, Storage Server2003, Linux or Novell

$ [***]

MediaAgent included
Media Agent supports a maximum of one, 2-drive library
Open File Support Included Worm Support included
Max 15 total clients (agents) inclusive of coupon for 1
Windows Application iDA
Includes 4 file system agents

SKU39

Galaxy Express OLBU — For Express only

$ [***]

SKU40

Galaxy Express Client Pack — For Express only

$ [***]

SKU41

Galaxy Express LAN Drive

$ [***]