April 30, 2004 Thanh Tran Vice President Enterprise Business Unit

Exhibit 10.71

 

April 30, 2004

 

▇▇▇▇▇ ▇▇▇▇

Vice President Enterprise Business Unit

▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇

Scotts Valley, CA 95066-3249

 

Re: Extension of the Microsoft Corporation Open Tools License Agreement

 

Dear ▇▇▇▇▇,

 

Microsoft Corporation (“Microsoft”) and Borland Software Corporation (then Inprise Corporation) (“Borland”) entered into the Microsoft Corporation Open Tools License Agreement effective as of March 2, 1999 as amended from time to time (“Agreement”). The Agreement was originally extended to March 2, 2004 and is now set to expire on May 2, 2004. Since Borland needs additional time to review Microsoft’s proposed amendment to the Agreement, which would extend the Agreement until August 2, 2004.

 

Pursuant to this letter agreement, Microsoft and Borland agree to extend the term of the Agreement until May 17, 2004. Neither party will be obligated to make any payments to the other party as a result of this extensions. Extension of the Agreement beyond May 17, 2004 will be subject to agreement between the parties.

 

Please signify Borland’s agreement to the terms of this letter by countersigning where indicated below.

 

		Best Regards,
		/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
		▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
		Product Unit Manager
		ACKNOWLEDGED AND AGREED TO BY ▇▇▇▇▇▇▇:
		/s/ ▇▇▇▇▇ ▇▇▇▇
		By:
		▇▇▇▇▇ ▇▇▇▇
		Name:
		Vice President/General Manager/Enterprise Business Unit
		Title:
		April 29 / 04
		Date: