Amendments to VARDISTRIBUTION AGREEMENT
1.Article 1.3 shall be amended toread as follows:
Theofficial communications between parties related to the present Agreement shouldbe EnglishorRussian.In the event of additional legal communications, required by the VAR,translation costs will be charged to the VAR.
2.Concerning article 3.2.4
The original
:toensure that all users of Open Data Software Products are aware of and acquiresuch products from VAR on the terms of the OPEN DATA Licence and toassist VARin communicatingsuch terms (EULA, End User Licence Agreement).
Point :we think“assist VAR”shallbeassist “OPEN DATA”.
3.Article3.3 shall be amended to read as follows:
3.3.1 describe itself as agent or representative of OPEN DATAexcept as expressly authorised by this Agreement;
3.3.2 engage in any conduct which in the opinion of OPEN DATAis prejudicial to business or the marketing of OPEN DATA Products generally;
3.3.3during the period of this Agreement: without OPEN DATA’swritten consent shall not be involved in supply promotion marketing of anyproducts which compete with Open Data Software Products.
Point :“development of any products which compete with Open Data Software Products”and “12 months after expiry and termination of the Agreement” shall be deleted.
4.The contents ofArticle 6.1 and 6.2 are repeated.
5.Wethink the appendix cited in footnote 2/3/5 shall be Appendix C.
6.Article10.3.1 shall be amended to read as follows:
Obligationsand commitments of VARor OPEN DATAare not fulfilled.
7.Article11.4 shall be amended to read as follows:
Inoccasion of Agreement termination, cease all other OPEN DATA obligations inrespect of the VAR or third parties related to the VARsave that any OPENDATA Products already purchased under the terms of this Agreement.
8.Article
15（APPLICABLE LAW AND JURISDICTION）shallbe amended to read as follows:
15.1This Agreement and any disputes relating thereto shall be governed by andconstrued in accordance withthe laws of Hong Kong, without regard toits conflicts of law provisions. The language of the Agreement and of anyproceedings in law or for the settlement of any dispute shall be English.
15.2
The parties hereby irrevocably agree that such disputeshall be finallysettled by arbitration in Hong Kong in accordance with the rules of Hong KongInternational Arbitration Centre.