The contract is between Amiga, Inc. and Thendic Electronic Components. The agreement was not to port Amiga DE OS to the Pegasos, but a specific list of products that Thendic had at that time, with a clause in the appendix of the agreement to add more later.
OEM SOFTWARE LlCENCE.AGREEIMENT
The License Agreement (the "Agreement") is made and entered into as of the
10th day of November, 2000 (the "Effective Date) by and between:
Thendic Electronic Components. GmbH, a company incorporated under the
laws of Germany ("Thendic") with offices at Dymffsuasse, 1, D43741
Aschaffenburg, Germany: and a
Amiga Incorporated. a Washing too corporation ("Amiga"). with principal ,
offices at 34935 SE Douglas Street. Suite 210, Snoqualmic, Washington. '
98065
with reference to the following:
WHEREAS, Amiga develop state of the art operating system technology that
&la a high level of functionality and facilities supplications on a wide range of
computing devices.
WHEREAS, Amiga has developed a DE Operating System to which it owns all
substantial rights:
WHEREAS, Thendic develops and markets wireless portable devices. including
its flagship offering, the CASHBOY brand range of products. Thendic's products
offer a highly customizable and configurable means of portable arKl handheld
devices;
WHEREAS,, Thendic is in the process of developing a Windows CE based
handheld. multimedia gaming device;
WHEREAS, Thendic wishes to obtain from Amiga. and Amiga wishes to grant to
Thendic, a license to integrate& Amiga's DE Operating System into Thendic's CE
based handheld, multirncdia gaming device, as well as other products in Thendic's
product line, including futurc products;
WHeREAS. this Agreement sets forth the terms and conditions with respect to
such a license.
Also see APPENDIX A of the licencing agreement (addition of products) and APPENDIX C (use of marks)
The main bit of contention in both the Thendic lawsuit and Amiga, Inc.'s countersuit looks to be the interpretation of Appendix A part 2.
"2. Right to Expand List. Thendic has the right with the consent of Amiga at any
time to add new products to this list and to thereby implicate Amiga's obligations
under this Agreement to integrate the Licenced Software into such additional
Thendic Products. Amiga will not unreasonably withhold consent to expand the
list of Thendic Products."
The legal question being did Amiga, Inc. unreasonably withhold consent from Thendic to expand the list of covered products?
