Username:
  
  Password:
  
  

 

Exhibit 10.55

 

THE COMPANY HAS APPLIED FOR CONFIDENTIAL TREATMENT OF CERTAIN PROVISIONS OF THIS EXHIBIT WITH THE SECURITIES AND EXCHANGE COMMISSION.  THE CONFIDENTIAL PORTIONS OF THIS EXHIBIT ARE BRACKETED AND MARKED WITH ASTERISKS ([**]) AND HAVE BEEN OMITTED.  THE OMITTED PORTIONS OF THIS EXHIBIT WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.

 

SOFTWARE LICENSE AGREEMENT

 

This Software License Agreement is made and effective as of November 3, 2008 by and between Terillian Technologies Incorporated (“ Terillian ”) and New Horizons Computer Learning Centers, Inc. (“Licensee”).

 

RECITALS

 

WHEREAS, Terillian has developed and owns a software program known as “Labs on Demand” (the “Software”); and

 

WHEREAS, Licensee and its affiliates are engaged in the delivery of information technology training throughout the world and, in that regard, Licensee is developing a series of industry specific labs to support its learning programs; and

 

WHEREAS, Licensee believes that the Software will provide a competitive advantage in its industry; and

 

WHEREAS, Licensee does not want competitors to use the Software, and Terillian has agreed not to grant any rights in or otherwise permit the use of the Software by competitors of Licensee as set forth herein.

 

NOW, THEREFORE, in consideration of the mutual promises set forth herein, Terillian and Licensee agree as follows:

 

1.              License Terillian hereby grants to Licensee a perpetual and unlimited license to use the Software pursuant to the terms of this Agreement.   Terillian agrees that it shall not grant any rights in the Software to or otherwise permit the use of the Software by a “competitor” of Licensee.  For purposes of this Agreement, a “competitor” of Licensee shall be defined as any business which is engaged in any of the following activities:  (i) the sale and delivery of instructor-led computer training; (ii) the sale and/or delivery of computer-b


This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more