Common use of Launch Plan Clause in Contracts

Launch Plan. Distributor will use its best efforts to market and sell the Software in a manner to maximize the sales potential of the Software. If Distributor has at least [omitted portion submitted for confidential treatment] copies of the Software placed in the Retail Channel in the United States and Canada with retailers which represent not less than 70% of computer software retail sales as determined by PC Data within three months following the Commencement Date (as defined in Section 10.01), the "Launch Plan" will be deemed to have been met, and Distributor will have the rights in Germany described in Section 2.01(b). Distributor acknowledges that EU trade rules prohibit absolute exclusivity, but if the Launch Plan is met, Developer will not appoint any other distributor of the Software in the Retail Channel for Germany.

Launch Plan. Distributor will use its best efforts to market and sell the Software in a manner to maximize the sales potential of the Software. If Distributor has at least [omitted portion submitted for confidential treatmentCONFIDENTIAL PORTION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION] copies of the Software placed in the Retail Channel in the United States and Canada with retailers which represent not less than 70% of computer software retail sales as determined by PC Data within three months following the Commencement Date (as defined in Section 10.01), the "Launch Plan" will be 3 deemed to have been met, and Distributor will have the rights in Germany described in Section 2.01(b). Distributor acknowledges that EU trade rules prohibit absolute exclusivity, but if the Launch Plan is met, Developer will not appoint any other distributor of the Software in the Retail Channel for Germany.