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Enron Mail |
Get with David berberian on this.
We may use other applications than Clickpaper code we developed. GP -----Original Message----- From: Greenberg, Mark Sent: Monday, March 26, 2001 9:01 AM To: Haney, Mike Cc: Berberian, David; Piper, Greg; del Vecchio, Peter; Murray, Julia; Bhatia, Om Subject: Itochu/Clickpaper.com ATTORNEY CLIENT COMMUNICATION CONFIDENTIAL COMMUNICATION FOR ADDRESSEES ONLY Mike - I work with Mark Taylor's group and support both EOL and Clickpaper.com on numerous matters. Prior to this, I worked with Peter del Vecchio in the pulp and paper area. Peter indicated that there was a possible deal being looked at with Itochu whereby there would be a "regional" Clickpaper.com established in Japan to assist Itochu in electronically servicing its pulp and paper clients. My question to Peter was what software is being proposed to support the deal and under what licensing arrangement. My understanding is that a software product provided by Ariba Inc. is used to support/power Clickpaper.com. I was previously asked to review the Ariba software license in relation to Clickpaper.com's ability to establish "regional" Clickpaper.com systems. The conclusions reached from this review were that (1) there are some restrictions on Enron's ability to use the software for more than the two sites for which the license was originally obtained (the "regional" sites being considered separate sites) and (2) that an assignment of the Enron rights is possible to an affiliate (presuming some level of Enron equity ownership); however, Enron would remain liable for the use (i.e., license fees and maintenance fees) and misuse of the software. If the Ariba software is the "Clickpaper software" supporting the proposed Itochu software license from Clickpaper.com/Enron, I would like to further explore the exact manner in which this license is being proposed and whether or not communications with Ariba have been undertaken to ensure this will not violate our existing software license. If the "Clickpaper software" is not associated with the Ariba software (and its license), the analysis of the Ariba software license that I performed is not applicable. However, if the "Clickpaper software" involves third party software and Enron's software license has not been reviewed, an analysis of this agreement should be undertaken to ensure Enron can sublicense the product for use. This will be especially important if we are intending to obtain rights to improvements made to this software (e.g., Japanese translations) which are generally intended to be owned by the owner of the software and not a licensee. Please let me know if there is a need to discuss this matter further. Mark Senior Counsel, EWS Phone: 713-345-8897 Facsimile: 713-646-3940 E-Mail: Mark.Greenberg@enron.com
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