SCO Grp v. Novell Inc

Filing 335

DECLARATION of Kenneth W. Brakebill re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 13# 13 Exhibit 14# 14 Exhibit 15)(Sneddon, Heather)

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Internet Archive Wayback Machine Case 2:04-cv-00139-DAK-BCW Page 1 of 1 Document 335-8 Filed 05/25/2007 Page 1 of 4 Enter Web Address: http:// Searched for http://www.novell.com/licensing/indemnity/legal.html Note some duplicates are not shown. See all. * denotes when site was updated. All Take Me Back Adv. Search Compare Archive Pages 27 Results Search Results for Jan 01, 1996 - May 25, 2007 1996 0 pages 1997 0 pages 1998 0 pages 1999 0 pages 2000 0 pages 2001 0 pages 2002 0 pages 2003 0 pages 2004 10 pages Jan 14, 2004 * Feb 09, 2004 Apr 01, 2004 * Jun 03, 2004 Aug 06, 2004 * Oct 09, 2004 * Oct 22, 2004 Oct 29, 2004 Nov 17, 2004 Dec 10, 2004 * 2005 13 pages Feb 06, 2005 Mar 08, 2005 Apr 04, 2005 * Jun 14, 2005 Jul 17, 2005 Jul 21, 2005 Aug 26, 2005 * Aug 28, 2005 Aug 31, 2005 Sep 01, 2005 Nov 03, 2005 Nov 04, 2005 * Nov 12, 2005 2006 3 pages Jan 14, 2006 Feb 11, 2006 Feb 21, 2006 2007 0 pages Home | Help Internet Archive | Terms of Use | Privacy Policy http://web.archive.org/web/*/http://www.novell.com/licensing/indemnity/legal.html Dockets.Justia.com 5/24/2007 NOVELL: Novell's Unique Legal Rights Case 2:04-cv-00139-DAK-BCW Page 1 of 3 Document 335-8 Filed 05/25/2007 Page 2 of 4 Novell's Unique Legal Rights Documents Novell's UNIX copyright registrations Below is a list of the individual PDF files. Download them all in this ZIP file. UNIX System V, Release 4.2MP UNIX System V, Release 4.2/386 UNIX System V, Release 4.2 UNIX System V, Release 4.1ES/386 UNIX System V, Release 4.1ES UNIX System V, Release 4.1 UNIX System V, Release 4.0/386, Version 4 UNIX System V, Release 4.0/386, Version 3 UNIX System V, Release 4.0 UNIX System V, Release 3.2/386 UNIX System V, Release 3.2 UNIX System V, Release 3.1 UNIX System V, Release 3.0/386 UNIX System V, Release 3.0 UNIX System V, Release 2.0 Novell's correspondence with the SCO Group Below is a list of the individual PDF files. Download them all in this ZIP file. View Date 12 May 2003 28 May 2003 From To SCO Novell Regarding "Letter to Linux Customers" and SCO's lawsuit against IBM SCO's "Letter to Linux Customers" Novell's May 28, 2003 Press Release Letter of June 6 IBM SVRX Licenses Response to June 9 Letter Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Novell SCO Novell 06 Jun 2003 SCO 06 Jun 2003 Novell SCO 09 Jun 2003 Novell SCO 11 Jun 2003 SCO Novell 12 Jun 2003 Novell SCO http://web.archive.org/web/20040401234700/www.novell.com/licensing/indemnity/legal.html 5/24/2007 NOVELL: Novell's Unique Legal Rights Case 2:04-cv-00139-DAK-BCW Page 2 of 3 Document 335-8 Filed 05/25/2007 Page 3 of 4 12 Jun 2003 Novell SCO and IBM IBM SVRX Licenses 18 Jun 2003 Novell SCO Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Communications with Former Novell Executives Demand for Outstanding Royalty Reports and Payments, and Notice of Audit, under the Asset Purchase Agreement Between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Royalty Payments and Audit Request pursuant to Asset Purchase Agreement dated September 19, 1995 Follow-up to Novell's Letter of June 26, 2003, Novell Disputes SCO's Ownership of UNIX Copyrights Royalty Payments and Audit Request pursuant to Asset Purchase Agreement dated September 19, 1995 Source and binary code due Novell under the Asset Purchase Agreement (the "APA"), dated September 19, 1995, and the Technology License Agreement (the "TLA"), executed December 6, 1995, both between Novell and the Santa Cruz Operation, Inc. Response to Letters of August 4, 2003, and August 20, 2003 IBM Code Contributed to AIX Silicon Graphics, Inc. Technology License Agreement Technology License Agreement Silicon Graphics, Inc. IBM Code Contributed to AIX 24 Jun 2003 Novell SCO 26 Jun 2003 Novell SCO 08 Jul 2003 11 Jul 2003 Novell SCO Novell SCO 17 Jul 2003 SCO Novell 04 Aug 2003 Novell SCO 07 Aug 2003 Novell SCO 20 Aug 2003 Novell SCO 10 Sep 2003 SCO Novell 07 Oct 2003 Novell SCO 07 Oct 2003 Novell SCO 07 Oct 2003 Novell SCO 09 Oct 2003 SCO Novell 10 Oct 2003 Novell SCO and IBM IBM Code http://web.archive.org/web/20040401234700/www.novell.com/licensing/indemnity/legal.html 5/24/2007 NOVELL: Novell's Unique Legal Rights Case 2:04-cv-00139-DAK-BCW Page 3 of 3 Document 335-8 Filed 05/25/2007 Page 4 of 4 10 Oct 2003 Novell SCO and SGI Silicon Graphics, Inc. 13 Oct 2003 SCO Novell Technology License Agreement Silicon Graphics, Inc. IBM Code Contributed to AIX Asset Purchase Agreement Request for Information in furtherance of ongoing Audit of SCO obligations under Asset Purchase Agreement dated September 19, 1995 SVRX Licenses Request for Information in furtherance of ongoing Audit of SCO obligations under Asset Purchase Agreement dated September 19, 1995 Response to Letter of December 23, 2003 Response to Letter of December 23, 2003 Continuing Request for Information in furtherance of ongoing Audit of SCO obligations under Asset Purchase Agreement dated September 19, 1995 4 February 2004 Letter 19 Nov 2003 Novell SCO 21 Nov 2003 Novell SCO 23 Dec 2003 Novell SCO 29 Dec 2003 Novell SCO 02 Jan 2004 SCO 07 Jan 2004 SCO Novell Novell 04 Feb 2004 Novell SCO 05 Feb 2004 SCO Novell 06 Feb 2004 Novell SCO and IBM Sequent Computer Systems 06 Feb 2004 Novell SCO and IBM Sequent Computer Systems (first enclosure to 6 February 2004 letter) 06 Feb 2004 Novell SCO and IBM Sequent Computer Systems (second enclosure to 6 February 2004 letter) 11 Feb 2004 Novell SCO Failure to Respond to Letter of 6 February 2004 http://web.archive.org/web/20040401234700/www.novell.com/licensing/indemnity/legal.html 5/24/2007

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