The following is a letter from Don Hardwick, Microsoft's head of OEM sales,
to Celeste Dunn, Compaq's vice president of consumer software business. Hardwick
says Microsoft will terminate Compaq's license for Windows 95 unless the
PC maker restored the Microsoft Network and Internet Explorer icons on the
desktop.
June 6, 1996
Ms. Celeste Dunn
Vice President
Consumer Software Business Unit,
Compaq
1111 Bayhill Drive, Suite 475
San Bruno, CA 94066
Re: Notice of Intent to Terminate License Agreement #1107-3053, dated
October 1, 1992
Dear Celeste:
I appreciated speaking with you over the phone earlier today. As we
discussed, in the spirit of reinstating mutual cooperation and trust we
would like to resolve the above mentioned Notice of Intent to Terminate
letter in as a quick and mutually agreeable manner as possible.
To accomplish this, Microsoft is requesting that Compaq replace the
Microsoft Network and Internet Explorer icons on the Windows 95 desktop on
all Compaq Presario machines. Specifically we are asking that these icons
be put back on the Windows 95 desktop so they look and function exactly the
same as how they were originally provided by Microsoft and/or Authorized
Replicators. This means the icons should not be just Windows 95 shortcuts,
since the functionality is different. In addition, the Microsoft Network
and Internet Explorer icons and Internet Setup Wizard icon should also be
put back into their original locations and functionality under the "Start"
button on Windows 95.
If you are willing to give Microsoft a clear written assurance that
the above will be implemented on all Compaq Presario machines within sixty
(60) days of the date of this letter, Microsoft will withdraw its Notice
of Intent to Terminate letter addressed to David Cabello and dated May 30,
1996 once such written assurance is received by Microsoft. By withdrawing
the Notice of Intent to Terminate letter Microsoft does not waive or limit
its rights under the Agreement.
I [sic] you would like to discuss this further, or would like more detail,
please
let me know and I will respond immediately. Once again, we appreciate your
openness and willingness to discuss and resolve the above issues.
Sincerely,
Don Hardwick
Group Manager, OEM Sales Division
cc: David Cabello, Compaq Legal Department
Steve Flannigan, Vice President, Compaq Computer Corporation
Joachim Kempin, Sr. Vice President, Microsoft OEM Sales Division
Bengt Akerlind, Director, Microsoft OEM Sales Division
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