Amendment No. 6 to Product License and Distribution Agreement between NSI Software, Inc. and Dell Products L.P.

Summary

This amendment, effective February 26, 2004, updates the existing Product License and Distribution Agreement between NSI Software, Inc. and Dell Products L.P. It adds two new software products—Double-Take Replication SSE and Double-Take SSE—to the list of licensed software that Dell can distribute. NSI will provide these products to Dell at its current list price. Once Double-Take SSE is released, Dell will stop selling Double-Take for Windows—Workgroup NAS Edition. The amendment is signed by authorized representatives of both companies.

EX-10.29 24 w23440a1exv10w29.htm EX-10.29 exv10w29

Exhibit 10.29

AMENDMENT 6

This Amendment 6 (“Amendment”) effective as of this 26 day of February, 2004 (“Effective Date”) between NSI Software, Inc. (“NSI”) and Dell Products L.P. (“Dell”) amends the Product License and Distribution Agreement (“Agreement”), dated December 10, 2001, between the parties. Defined terms shall have the meanings set forth in the Agreement.

Whereas, NSI and Dell wish to modify certain provisions regarding NSI Products;

Now therefore, in consideration of the mutual covenants contained herein, the parties agree to amend the Agreement as follows:

Exhibit A shall be amended and the following language shall be added

Licensed Software:

	§		Double-Take® Replication SSE™: Real time transaction based backup software (replication only on Network Attached Storage devices “NAS”)

	§		Double-Take® SSE™: Real time transaction based backup software (replication and failover for NAS devices)

			NSI will provide copies of Double-Take® Replication SSE and Double-Take® SSE at NSI’s then current published list price to Dell for distribution.

Upon the release of Double-Take® SSE, Double-Take® for Windows — Workgroup NAS Edition shall no longer be sold by Dell.


NSI Software, Inc.		Dell Products L.P.

Date: 2-26-04		Date: 2-26-04


Signature:	/s/ Scott Meyers	Signature:	/s/ Paul Miller


Print Name: Scott Meyers		Print Name: Paul Miller


Title: COO		Title: Sr. Manager SW Marketing


Confidential		Page 1