EXHIBIT 10.92
Agreement No.: 271-RSLR-3511-A-1
AMENDMENT #1 TO
RESELLER AGREEMENT
BETWEEN LEGATO SOFTWARE, A DIVISION OF ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
AND
MTI TECHNOLOGY CORPORATION
The Reseller Agreement between Legato Software, a division of ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇,
successor in interest of Legato Systems Inc. ("Legato"), its subsidiary Legato
Systems Nederlands B.V., and MTI Technology Corporation ("Reseller") dated
December 23, 2002, contract # 271-RSLR-3511 (the "Agreement"), is hereby amended
effective December 23, 2003 (the "Effective Date"), as follows (all capitalized
terms shall have the same meanings as set forth in the Agreement unless
indicated otherwise):
Whereas Schedule A of the Agreement for Storage Management software is expiring;
and,
Whereas both parties desire that Reseller resell software licenses for "Legato's
Messaging Software"; and,
Whereas the parties agree to extend the Agreement pursuant to the provisions
agreed upon below.
Now, therefore, the parties agree to the following:
1. Add new Schedules A-I, A-2, and A-3 dated 12/23/03 and where references to
Schedule A are contained in the language of the Agreement, add "and
Schedules ▇-▇, ▇-▇, and A-3".
2. Add a new Section 5.14 to the Agreement as follows:
"5.14 SOFTWARE REGISTRATION. Reseller agrees to register all
Software and Updates purchased on behalf of an End-User under the
End-User's name. Further, Legato shall have no obligation to provide
Technical Support for Software and/or Updates not registered by
Reseller in End-User's name."
3. Section 7.1, third bullet. Change the third bullet in Section 7.1 of the
Agreement to the following:
- "End-User name and address;"
4. In Section 12.1, change the internet reference in the last sentence to:
"▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇_▇▇▇▇/▇▇▇▇▇/▇▇▇"
5. Section 9.6, ADDITIONAL CAUSE FOR TERMINATION. Add the word "with five (5)
business days' prior written notice" after "terminate" in the first
sentence, so it now reads: "In addition to the aforementioned, this
Agreement shall terminate with five (5) business days' prior written
notice if Reseller:"
6. Replace Schedule C with the attached Schedule C dated 12/23/03 for
international ordering information.
IN WITNESS WHEREOF, the parties have executed this Amendment #1 as of the
Effective Date set forth above.
LEGATO SOFTWARE, A DIVISION OF EMC RESELLER: MTI TECHNOLOGY
CORPORATION CORPORATION
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
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AUTHORIZED REPRESENTATIVE AUTHORIZED REPRESENTATIVE
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Director Title: CFO
Date: 1/27/04 Date: Jan 23, 2004
DATE
1/27/04
APPROVED
LEGATO
CONTRACTS
ICEQ
BY
Amendment 1 to MTI WW Reseller Agreement Legato Confidential
▇▇
▇▇▇▇▇▇ SYSTEMS NEDERLAND B.V.
BY: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
-----------------------------
AUTHORIZED REPRESENTATIVE
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Title: Authorized Representative
Date: February 2004
Amendment 1 to MTI WW Reseller Agreement Legato Confidential
1-a