Joint Appendix One

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Case 2:10-cv-07678-JFW-DTB Document65-6 Filed 10/07/11 Page 7 of 9 Page ID
#: 1335
August 26, 1999
Page 2
Exclus!viW /
Futurelogic agrees not to mal_e, have made, use, or sell, directly _-t_ license others
to do the same, the System, _r -_4" fi-L_-'-_en_;_._ ,_r L'r..Frc,v,;;;._ntc _'z t_3x_'_.,,J_xcept for and
to Coca-Cola and its designees for a period of five years from commercl"atizatioffof the System,
provided Coca-Cola or its designees purchase the following amounts___l_:the years immediately
following first commercialization of the units:
In Year 1_
In Year 2 - 5,000 units
In Year 3 - 5,000 units
In Year 4 - 5,000 units.
0 It..
lot-.
IO¢._
The foregoing volumes are conditions for exclusivity and are n, _mll_ltments to purclaase.
In exchange, to the extent Coca-Cola obtains patent protection on the System developed
hereunder, Coca-Cola [_rants Futureln_ic an exclusive license to make the System, for uses
within the United States, for a period of five (5) years from commere.izliTztion_but only for
Company and its designees. This license is conditione_'duupon the System being _l
quality, being available u_a_r *he he_t terms and condition_/;nrl,d;no d_live_*A n,q,.,_._,_,._._
t_Futurelogic'_to prove'the Sy_h terms,=_"--_ola, its_a_i'es, "
_p_or vend?rs will be free to purc_a_such prod_t_.
thebet_e_',_ and_'_.b_such third p_,andsuehpu_c_eshahno_\
ons ch s
Intellectual Property
In this Agreement, the term "Intellectual Property" means all works, including literary works,
pictorial, graphic and sculptural works, architectural works, works of visual art and any other
work that may be the subject matter of copyright protection, advertising and marketing concepts;
trademarks; information; data; formulas; designs; models; drawings; computer programs,
including all documentation, related listings, design specifications and flowcharts; trade secrets,
and any inventions, including all processes, machines, manufactures and compositions of matter
and any other invention that may be the subject matter of patent protection and all statutory
protection obtained or obtainable thereon.
Any Intellectual Property made or developed, or patent applications and patents filed or owned
by or licensed to a party hereto prior to the effective date of this Agreement, shall continue to
belong to such party and shall notbe affected by this Agreement. All Intellectual Property
Highly Confidential-Outside Counsel Only
00012
FutureLogic's Summary Judgment Exhibit No. 25
-A0444-
FUT00037352