Trademark License Agreement [Amendment No. 1] - Atari Interactive Inc., Infogrames Entertainment SA and Atari Inc.
AMENDMENT NO. 1
TRADEMARK LICENSE AGREEMENT
Reference is made to the Trademark License Agreement dated as of September
4, 2003, by and among Atari Interactive, Inc. ("Atari Interactive"), with a
principal place of business at 417 Fifth Avenue, New York, NY 10016, Infogrames
Entertainment, S.A. ("Parent"), with a principal place of business at 1 Place
Verrazzano, 69252 Cedex 09, France, and Atari, Inc. (Licensee), with a principal
place of business at 417 Fifth Avenue, New York, NY 10016, in full force as of
the date hereof (the "Agreement"). This Amendment No. 1 to the Agreement
("Amendment"), effective as of August 22nd, 2005, when fully executed, shall
constitute the further understanding between the parties with regard to the
Agreement.
1. Paragraph 4.2 shall be modified such that the following sentence shall
be added as the last sentence of the paragraph:
"In addition, Licensee's distribution and/or sale, pursuant to the
distribution agreement ("Distribution Agreement") entered into by Licensee
and Humongous, Inc. (see Distribution Agreement, attached as Exhibit A),
of Software Packages (as defined in the Distribution Agreement) shall not
be subject to the payment of any royalties or other consideration
hereunder. For the avoidance of doubt, amounts received by Licensee in
connection with such distribution and/or sales shall not be deemed net
revenues."
2. Except as expressly or by necessary implication modified or amended by
this Amendment, the terms of the Agreement are hereby ratified and confirmed
without limitation or exception.
3. Capitalized terms used in this Amendment and not otherwise defined
shall have the same meaning ascribed to them as set forth in the Agreement.
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IN WITNESS WHEREOF, the parties have hereunto set forth their hands and
seals as of the date first written above.
ATARI INTERACTIVE, INC.
By: /s/ Frederic Chesnais
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Frederic Chesnais
CEO
August 22, 2005
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(date signed)
ATARI, INC.
By: /s/ Jeffrey B. Kempler
--------------------------
Jeffrey B. Kempler
Senior Vice President,
Business & Legal Affairs
22 Aug 2005
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(date signed)
INFOGRAMES ENTERTAINMENT S.A.
By: /s/ Bruno Bonnell
--------------------------
Bruno Bonnell
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(Name)
PDG
-------
(Title)
August 22, 2005
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(date signed)
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