HomeMy WebLinkAbout5.F.6. Authorization to Participate in Beta Testing for Xiotech, INc.
5.F.6~
City of Shakopee CONSENT
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Kris Wilson, Assistant City Administrator
SUBJECT: Authorization to Participate in Beta Testing for Xiotech, Inc.
DATE: November 17,2006
Introduction
The Council is asked to authorize the City's participation as a beta tester for IT equipment
developed by Xiotech Inc.
Background
In June ofthis year, the City purchased a Storage Area Network (SAN) from a company called
Xiotech, Inc. This was a major purchase and our staffis pleased with the way it is working so
far.
Xiotech recently approached our IT staff and asked ifthey would be interested in serving as beta-
testers for a new product they are developing. The new product is basically a smaller and more
simplified version of a SAN. In an IT environment such as the City's, this product would be an
option for creating a "hot site" for disaster recovery purposes.
Serving as beta-testers provides our staffwith the opportunity to work with the latest technology
and evaluate how it might meet some ofthe City's needs, while at the same time providing
Xiotech with feedback on this product that they are preparing for market. It will not cost the
City anything to serve as beta-testers for this product, and there is no obligation to purchase it
when the test is complete. However, Xiotech is asking that the City sign the attached contract in
order to participate in the test.
The contract was sent to City Attorney Jim Thompson for his review. Mr. Thompson was
comfortable with the majority ofthe contract language but suggested one change to make it more
favorable to the City. Xiotech has made this change to the contract.
Relationship to Vision
This is a housekeeping item.
Requested Action
The Council is asked to authorize the appropriate staff to sign a contract with Xiotech in order to
allow the City to serve as a beta-tester fora new product being developed by Xiotech,Inc.
Contracl#: 3660
><iotech- MATERIAL LOAN AGREEMENT
This agreement (hereinafter "A~eement"), is effective as ofthe date ofthe last all laws, ordinances or re~ations relating to use of the Material.
signature hereto [the "Effective ate;?, between Xiotech Corroration l?,rinciKally Funhermore, Customer will maintain the Material in good repair, including
located at 6455 F yin~ Cloud Drive E en Prairie, MN 55344 "Xiotecli~, an City any' routine maintenance, and assist in, as ap~ropriate, all necessarr routine
of Shakopee frinci~a y located at 129 Holmes Street, Shakopee, MN 5379 maintenance at its ex~ense durin1i the Loan enod. Customer wil provide
("Customer" and s all govern the Xiotech Material listed on the Attachment 1 Xiotech with the res ts of its eva uation, testing and/or demonstratIOn ofthe
and additional Materials shipXjd from time to time, including any, Material, including any defects, errors or problems and anI. information
Documentation provided by . otech therewith, to Customer until Materials are necessa~ for Xiotech to assess such defects, errors or prob ems and such
purchased or returned as stated herein. Xiotech and Customer (the "Parties", or results s all be treated as Confidential Information.
Individually "P3!tY"), for good and valuable consideration, the receipt and C. Within fifteen (15 Jxialendar da~ after the elfPiration of the Loan Period,
sufficiency of which is hereby acknowledged, and in consideration of the terms Customer will adVIse . otech in writink as to wliether Customer desires to
and conditions hereinafter set fonh, intenaing to be legally bound, agree as ~urchase the Material or to return the aterial to Xiotech. In the event
follows: ustomer fails to so notify Xiotech of its election to either purchase or return
DOCUMENTS This Aareement is comprised of the documents stated herein. The the Material, such failure shall be deemed as an election by Customer to
loss or separation of a ocument}s) from this Agreement shall not constitute return the Materials to Xiotech. If Customer elects to return the Material,
exclusion from or invalidation 0 this Agreement in any manner. Customer shall, within fifteen [15] calendar days after expiration of the Loan
Attachment 1.................... ....................................... Material List Period, return such Material to Xiotech, includmg all Documentation, in
1. OBJECTIVE OF AGREEMENT. Subject to the provisions of this Afeement, good working condition, reasonable wear and tear exc~ed, at Customer's
Xiotech, as a manufacturer and supfvlier of material and/or services for t e data sole expense, CIP (Incoterms 2000) to such location as 'otech may
stora~arketplace shall: {i~ sup~ y the products and/or software listed in designate. Customer acknowledges and understands that if the Material,
Atta ent 1 and, at Xiotec 's so e discretion, additional or replacement includintsall Documentation, is not returned in such condition within such
groducts and/or software from time to time as evidenced by Xiotech's shipping fifteen ( ] calendar day period, Xiotech ma;;;, at Xiotech's sole discretion
ocumentation affirming shiJ2ment (the "Material"i and accompanied and :n, {~ issue an Invoice to Customer orthe purchase price set fonh in
Documentation to Customer for the EU!pose of eva uation, testIn~ and/or Atta ent, and pa}'l!lent therefor shall be due upon receipt of such
demonstration of such Material~ inc udInibthe interoperability 0 the Parties invoice; or Iii} remove the Material and/or Documentation ITom Customer, at
~roducts and/or software and {ii if applica Ie, extend a temporarr license to Customer's cost, and issue an invoice to Customer for such costs with
ustomer for the software liste in Attachment 1 and, at Xiotech s sole payment therefor due upon receipt of such invoice. In the event Xiotech
discretion, additional or replacement software (the "Software") provided in chooses option Iii} above, Xiotecli shall have the right to enter Customer's
accordance with the terms stated herein. As used in this Agreement, "Services" Efemises with or without notice in order to remove such Material and/or
means v~ol;lS types. of services as provided ]Jy Xiotech to C~to!ller cov~ring.itelIll! ocumentation. An?;' purchase of Material, including any Documentation, as
such as trammg, mamtenance services, on-sIte suppon, aXJ2licatlons engmeenng, sIte provided for under t is A~reement, whether by Customer's notice of intent
engineering ana installation. Services are not Material. aditional fees may apply to purchase the Material, y failure to provide notice of election of purchase
for Services. This Agreement does not obligate either Patty to modify, alter or or return, or b1Xfustomer's failure to return the Material as provideo herein,
add/subtract features of such Patty's products and/or software based upon any test shall be under . otech's then current Terms and Conditions of Sale.
result obtained herein. D. Customer shall keep all orifsinal packing materials. Customer shall pay for
2. TERM & TERMINATION/CANCELLATION. A. The term of this replacement packing materia sand shRraing costs for such materials from
A!,reement shall commence on the Effective Date and continue until expiration Xiotech to Customer in the event the aterial is to be returned and
o the Loan Period (the "Term") unless terminated sooner in accordance with the Customer has not retained the original packing materials.
terms of this Agreement. E. Customer will not: {it alter, modify, debug, reverse engineer, decomp'ile,
B. Either Patty may terminate this A~reement, with or without cause, by giving disassemble or decrypt t e Material or any pan thereof nor attemr to ao
the other PartY. wntten notice thereo at least ten [10] calendar days prior to die any of the foregoing; Iii} create derivative works or make copies 0 the
effective date thereof. Material or Documentation; {ill} remove any Xiotech proprietary marks
c. Xiotech may, upon written notice to Customer, cancel this A~reement located on the Material or Documentation or remove any of the Material
effective immediately if: Ii} Customer makes an assignment for t e benefit of from their lace of installation without Xiotech's prior written consent.
creditors, is unable to pay, its debts as theai become due, becomes insolvent, files a 6. SO ARE LI E E. A. Xiotech grants to Customer a temforary,
volunt~ petition in 15arikrupt<;y, is adJu . cated to be a bankrupt or an insolvent revocab e, personal, nonexclusive, non-assignable ~y. operation 0 law or
debtor, es a 1&etition seeking for itsel any reorganization, or consents to or otherwise~and non-transferable license to use the oftware on a single
acguiesces in t e appointment of a trustee, receiver or liquidator of all or pan of its computer ard drive or other storage device of a single computer su ject to
priority; Iii} Customer has any petition in bankrugtcy or an6 proceeding seeking the terms, conditions, and limitations contained herein. Except as modified
Involuntary reorganization or s1TIlilar relief is file a~ainst ustomer, or if any by this Aareement, all Software hereunder shall be licensed to Customer
trustee, receiver or liquidator of Customer or any' su stantial pan of its business under an Customer's use thereof shall be in accordance with the Xiotech
assets or propenies is a~ointed without Xiotedi's consent or acquiescence; 1f} End User License Agreement that is current at the time of shipment of such
Customer ceases doine&: usiness as a going concern or it or its shareholders t e any Software from Xiotech.
action looking to its ssolution or Ii~uidation; or {iv} any cha~e occurs in the direct B. Customer may not distribute, modify, lease, sub-license, or Erepare a
or indirect ownership. of Customer i , in Xiotech's opinion, su change may be derivative work of the Software. Customer agrees to keep con idential and
detrimental to Xiotech's interest hereunder. Any cancellation pursuant to this use Customer's best effons tOdirevent and protect the contents ofthe
Section 2 will be in addition to and will not be exclusive of or Krejudicial to any Software from unauthorized Isclosure or use.
other rights or remedies at law or in equin; available to Xiotec . C. Customer may not reverse en~neer, reverse compile, reverse assemble,
D. U~on expiration, termination or cancel ation of this Agreement, Customer decompile, or disassemble the So tware, except and only to the extent that
shal promptly return the Material including all Documentation, Confidential such activity is expressly permitted by afeplicable law.
Information, test documentation and evaluation test data to Xiotech. D. Customer may not assign, rent, trans er, license or sell any of it rights
3. DELIVERY INSTALLATION DOCUME ATION AND TRAINING. A. under this temporary SoftWare license without the prior wntten consent of
Xiotec wil provide EXW Xiotech shiKEing location Incoterms 2000) t e Xiotech.
Material in accordance with the sched e, prices, instructions and the E. All title and cOflmghts as well as trade secret, patent and other proprietary
destination(s) set fonh in Attachment 1. rights in and to: 1 the Software (including but not limited to any Images,
B. If Customer elects to have Xiotech install the Material, Customer will provide p otogra~hs, animationh video, audio, mUSIC, text and "a'p~lets" inco!porated
Xiotech with reasonable assistance and such access to its facilities and personnel lUto t e oftwar~; Iii!, t e accompanying lrinted matena s therewith; and
as max be necessatlc or desirable to install the Material. Attachment 1 also ~} any copies 0 the oftware, are owne by Xiotech or its manufacturer.
inclu es the s8eci c eq,uipment and personnel that Xiotech will need from e Software is protected by copyright laws and international treaty
Customer, at ustomer S expense, to Install the Material. Customer, at its ~rovisions. Customer may not copy the printed materials accompanying the
expense, will obtain and p~ for all permits, which are required by any oftware.
tovernment to install the aterial. 7. NO W~IES. Customer acknowledges and understands that the
. Xiotech will provide Customer, at no charge, one [lh c~ of the installation, Material an Documentation, and aey Servic~ded in connection
maintenance, service, operating and user manuals for t e aterial in English therewith, a~vided "AS IS." XI TECH S NO WARRANTY OF
~ollectively, the "Documentation") for Customer's to reference with the ANYKIND RESPECT TO THE MATERIAL DOCUMENTATION
aterials duri~ the Term of this A~ement. OR SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES EXPRESS
4. DELIVER AND SERVICE DA S. Shipment dates for Material or dates for OR IMPLIED, INCLUDING, WITHOUT LIMITATIO~ARRANTIESOF
~rformance of any Services are estimated in good faith but are not guaranteed by MERCHANTABILITY NONINFRINGEMENT AND SS FORA
otech. PARTICULAR PURPOSE. NO AGENTt DISTRIBUTOR~R
5. lISE. A. Xiotech hereby~rants to Customer a non-exclusive, non- REPRESENTATIVE IS AUTHORIZED 0 MAKE ANY ARRANTIES ON
transferable, non-ass~able ( y oJeration of law or otherwise), revocable, BEHALF OF XIOTECH OR TO ASSUME FOR XIOTECH ANY OTHER
royal~ree, raid in I, ~ht an license during the time g,enod specified in LIABILITY.
Attac ent (the "Loan eriod"hto evaluate, test and/or emonstrate the 8. DISCLAIMER OF LIABILITY. A. XIOTECH SHALL NOT BE LIABLE
Material in the manner provided erein. Customer acknowledges and a8rees that FOR ANY DIRECT DAMAGES OF ANY KIND INCLUDING, BUT NOT
it acquires no right, title orinterest hereunder in any of the Material an LIMITED TO~ES OR DAMAGES TO PERSONS OR PROPERTY
Documentation other than the foregoing limited license, nor may it grant RESULTING M ANY CAUSE WHATSOEVER. THIS PARAGRAPH
sublicenses with respectthereto. Customer further acknowledges ana agrees that APPLIES TO ALL MATERIAL, DOCUMENTATION AND SERVICES.
it may not employ, operate or otherwise use the Material or Documentation in B. IN ADDmON, IN NO EVENT SHALL XIOTECH BE LIABLE FOR ANY
production or m any other manner not ex~icitly t:ranted in this Agreement. As DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF USE OR LOSS
used within this Adlreement "use" of the atena and Documentation OF REVENUE OR PROFIT AND XIOTECH FURTHER DISCLAIMS ANY
~ollectively or in viduallYJ shall mean Customer's use of the JVlaterial and AND ALL LIABILITY FOR INDIRECT~CIDENTALS SPECIAL,
ocumentation as permitte and restricted in this par~raph. CONSE~IAL OR OTHER SIM DAMAGE REGARDLESS OF
B. Customer will use the Material, at its sole ex~ense, uring the Loan Period THE FO OF ACI'lON WHETHER IN CONTRAC~R~CLUDING
specified in Attachment 1. Customer will use t e Material lu a careful and NEGLlGENCEiESTRICT PRODUCT LIABILITY OR 0 R LEGAL
proper manner in accordance with the Documentation, and in compliance with OR EQUlTAB THEORY, EVEN IF XIOTECH HAS BEEN ADVISED OF
040909 This Agreement is defined as Confidential Information in accordance with the Confidential Information Section of this Agreement @ 2004, Xiotech Corporation
TIlE POSSffiILITY OF SUCH LOSSES OR DAMAGES. CUSTOMER AGREES receipt or ten ~O] calendar dar after the date of posting, whichever is
TO lNDEMNIFY AND HOLD XIOTECH HARMLESS FROM ANY CLAIM, earlier if sen~ certified mai .
LOSS OR LIABILITY FROM ANY THIRD PARTY ARISING OUT OF 15. CO~L CE WITH LA W~. The Customer shall comKly with all
CUSTOMER'S USE OF TIlE MATERIAL, DOCUMENTATION OR SERVICES. M'plica Ie laws, governmental or ers and the like affecting t e use of the
9. TITLE. RISK 01 LOSS AND INSeCE. Title to the Material and aterial and Documentation and this Agreement. Customer agrees that it
Documentation, inc uding drawings, sketc es, specifications, notes, etc., shall will not in any manner or form resell, license, exEort, re'eJqJort, ship or
remain the ~ersonal property of Xiotech or the appro~riate manufacturer and divert or cause to be resold, exported, re'exporte , shipped or diverted any
title is and s all remain vested in Xiotech or sucli ~ icable manufacturer. Material or Documentation covered by this Agreement without the express
Customer shall do nothing contradictory to affect otech's title. Customer shall written consent of Xiotech.
not pled~e, assign, sell, transfer, sub,license or otherwise dispose of, encumber or 16. ASSIGNMENT. Customer may not assign its ~hts nor delegate its
suffer a len or encumbrance upon or against any interest in the Material or obligations or ri*hts under this Agreement unless otech's written consent is
Documentation, without Xiotech's prior written a~proval. Risk of loss, damage obtamed Krior t ereto and ary such assignment or delegation without such
and insurance responsibilities for die Material, inc udi~ the Documentation, consent s all be null and voi . NotwithStanding the foregoing sentence, this
shall pass from Xiotech to Customer upon shipment an shall vest with Customer Agreement shall be binding on Customer's respective successor:t assigns,
until the Material and Documentation are returned to Xiotech as provided for creditors or any pa~ subsequently ifftossesslOn of the Materi s or
within this A~t. Documentation and mure to the bene It of Xiotech.
10. CONFID ITY. Customer acknowledges that the Material and 17. AMENDMENTS AND WAIVERS. Except for Materials, including
Documentation provided to Customer under this Agreement and any test or associated Documentation therewith, added on from time to time, this
evaluation results from Customer's use thereof represent valuable prop'rietary Agreement may be amended or modified only by a written document signed
information to Xiotech and that unauthorized dissemination of thlS information by the authorized representative of the Party against whom enforcement is
is a breach of this Agreement and could cause irr~arable harm to Xiotech. sought. Notwithstandin!h the foregoi~ sentence, this Agreement will not be
Customer agrees Xiotech is entitled to seek imme . ate injunctive relief affected or modified by t e acknowle gment or acc~tance of any Customer
prohibiting such breach, in addition to any other rights and remedies available to Purchase Order forms b~ Xiotech containin8 grinte terms and conditions in
1t. Customer agrees to hold such Material, Documentation in confidence, addition to or different t an those containe erein whether or not signed by
including any aspect of Customer's use of the Material or Documentation, an authorized representative of Xiotech. No waiver shall be valid unless in
including but not limited to actual test results, Material ~ormance, compliance writing and no waiver firanted by Xiotech shall release Customer from
with Documentation, compliance with specifications or ctionalityi etc. subse uent strict com ance herewith.
Customer further agrees to take apP'ropnate action as necessarx to ho d such 18. LA: . This Alfheement shall be deemed to have
information in con dence in accoraance with the provisions of Section 11 herein been ma e in t e tate 0 Minnesota, and s all be construed, interpreted and
below. aKplied in accordance with the internal laws (but not the law of conflicts) of
11. CONFIDENTIAL INFORMA TI~N. A. Customer alflrees that it shall not t e st~te of Minnesota, and any applicable law of the United States of
disclose to any person or entity whic Is not a p~ to t . s Agreement any Amenca.
information or aata fixed in a tan~ble medium an defined by this ~reement as 19. ENTIRE AGREEMENT. Both Parties acknowledge that they have read
~oprietary information or marke as the confidential or propnet~' ormation of this Agreement and a I documents hereto and understand them and agree to
. otech, or any information disclosed as a result of the g,arties' de . ngs or be bound by their terms. Each Party further agrees that this Agreement,
discussions, and that should reasonably have been un erstood by Customer, together WIth its Attachments, constitutes the complete and exclusive
because of legends or other markingS, the circumstances of disclosure, or the statement of the agreement between the Parties as to the subject matter
nature of the information itself, to e proprietary and confidential to Xiotech hereof, and there are no agreements, understandings, dealin~ conditions,
~hereinafter collectively referred to as "Confidential Information"). Confidential warranties or representations, oral or written, express or imp 'ed, that are not
nfonnation m~ be disclosed in written or other tangible form ~including on mermherein or sU-H;rseded hereby.
magnetic media or by oral, visual or other means. Confidential nformatlOn shall 20. VIV At OF ~. The termination, cancellation, or expiration of
eXKressly inclu e any and all information derived from the Confidential this A![;eement or any re ationship created hereunder between the parties or
In ormation, including residual mental imEressions of such information. the de 'vrrry of Matenal, including any Documentation, or performance of
B. Customer shall treat such Confidential nformation as confidential, p'rohibit Services hereunder shall not affect each party's obligations and riifhts under this
recOEying and use such Confidential Information only in connection with Agreeme?Jt, which ~y t,heir nature; SUrvIve, notwitlistanding suc termination,
fulfi mg the obligations of this Agreement. Customer will return all Confidential cancellatlOn, or 1ratlon.
Information to Xiotech upon the earlier of: (i} completion of such obligations for its 21. A E . By execution of this Agreement, the
use, )1i} the request ofXiotech, or {ill} the exp1ration, cancellation or termination of Parties ere y agree t at the J/rovisi?ns of this Ag~ee~ent supersede all prior
this greement. The obligations lierein contained shall expressly survive the or contemporaneous, oral an or wrItten commumcatIons, agreements,
termination, cancellation or expiration of this Agreement. dealingS, representations and/or understandings of the Parties with respect to
C. Information will not be considered Confidential Information and will not the su ject of this Agreement.
be subject to the foreyoing to the extent and if Customer can demonstrate that
such information: (i is, at the time of disclosure, or thereafter becomes, a part of IN WITNESS TIlEREOF, this Agreement has been duly executed by the
the public domain WIthout breach of these terms by the Customer (p'rovided, Parties.
however, that the act of copyrighting shall not cause or be construea as causing XIOTECH,CORPORATION:
the coPCrighted materials to be in die public domain); (iik was previously known
by the ustomer without any obligation to hold it in con dence; (ill} is received Signature:
ITom a third Rarty free to disclose such information without restrictiod (iv} is
independent r, developed bd' or for Customer without the use of Conti entIal Name & Title: Steven E. Snyder. CFO
Information; vI is apy:ove for disclosure by prior written authorization of
Xiotech, but on y to t e extent of such authonzation; (vi} is disclosed to a third Date:
person by Xiotechir as the owner of such information, WIthout restrictions similar
to those sg,ecified ereinabove.
D. Confi ential Information may be disclosed, without Customer being CUSTOMER: City of Shako pee
considered in breach of this Agreement, if such disclosure is required ~ law,
regulation or in response to a Valid order of a court or lawful request 0 a Signature:
governmental agency, but only to the extent of and for the p~oses of such law,
regulation, order or request, provided that Customer first noti es Xiotech of the Name & Title:
law, regulation, .order or reguest p'rior to such disclosure and permits Xiotech to
seek an ;ggr~~rotectlve oraer. Date:
12. XIO C LLECI'UAL PROPERTY RIGHTS. A. All drawings, data,
designs, too1i~~ equipment, p'rocedures, engineering changes, im.;ent.ions, trade
secrets, copyng t~ask works, source code, patents, patent aPYihcatIons, know'
how, computer so are and all p'arts thereof, trademarks and a I other
informationh technical or otherwise which was developed, made or su~plied by
Xiotech in t e Froduction of a~ Material and/or Documentation, or t e
performance 0 any Service sol ,rendered or licensed hereunder! includin[c any
and all derivative wor~ shall be and remain the sole ~roperty 0 Xiotech or its
licensor, if anI{ and sh 1 be treated as Confidential In ormatIon.
B. Customer s all: [~assist Xiotech in obtaining for Xiotech anlbproperty rights
in connection with t e Material and Documentation (including ut not ltmited to
Xiotech's p'atents, trademarks and co~ghts); {ii} respect sucH property ri~hts of
Xiotech; (1ii1comply with all laws an regulations in resR;ct thereof, and IV}
assist Xiotec in taldn~ any step.s necessary to defend suc rights. AnXireasonable
expenses incurred in t is regartl by Customer shall be reimbursed by 'otech.
Customer acknowledges Xiotech's exclusive ri~ht, title and interest in and to
Xiotech's patents, copyrights or trademarks an Customer will not, at any time
contribute to, do or cause to be done anK act or thing in any way impairing or
intendine t~~r anYJljart of such rig t, title and mterest.
13. SUB 0 CT. 'otech reserves the right to subcontract any of its
obli~tions under this Agreement. .
14. OTICES. NotificatIon between the Parties under this Agreement, to be
binding on the recipient, must be: {i} written; {ii} addressed to the Party's address
specified in the signature blocks of tliis Agreement or as altered, at any time, by
notice ~ven in accordance with this Section 14; and {ill} left at recipient's address
or sent y courier or certified mail, pr~aid Bosta8e to tliat address. A notice
given in accordance with this Sectlon 4 wi I be eemed received: {a} on the date
of delivery, if left at the recitient's address'{b} two ~] calendar da~ after
delivery to a courier, if sent y commercial overnig t" courier; or c} date of
040909 This Agreement is defined as Confidential Information in accordance with the Confidential Information Section of this Agreement @ 2004, Xiotech Corporation
Attachment 1
MATERIAL LIST
Dated: 16 November 2006
5hiD To location:
Company & Address:
CiV of Shak~ee
12 Holmes treet
Shakopee, MN 55379
Customers Contact:
Name: Carrie Duckett Telephone #: 952-233-9357
Facsimile #: Email Address: cduckett@ci.shakopee.mn.us
Loan Period:
Date of shipment through: February 28, 2007
The following Material listed below, including ana Documentation provided therewith, is hereby provided to Customer for Customer's evaluation, test andlor
demonstration purposes, for the Loan Period speCifie above, in accordaIice with the terms and condinons of the Material Loan Agreement between the Parties.
Attached hereto and inc~orated herein l'f; this reference is quote number~) Qiote # 80209-3061098. The Xiotech Terms and Conditions of Sale
attached to such ~uote s I not apply unf such time as Customer elects or IS deemed to have purchased the MateriaIs as provided in the Material
Loan Agreement etween the Parnes.
REOUIRED CUSTOMER FURNISHED EOUIPMENT AND/OR CUSTOMER PERSONNEL. if any:
040909 This Agreement is defined as Confidential Information in accordance with the Confidential Information Section of this Agreement @ 2004, Xiotech Corporation