exv10w74



 




EXHIBIT
10.74



Attachment D-4 to General Terms and Condition of

the Software License and Services Agreement

Additional Commercial Terms



Following are the additional business terms and conditions incorporated into the Software License
and Services Agreement (the “Agreement”) dated the 31st day of March 2000 by and between
BroadVision, Inc. (“BroadVision”) and RedEnvelope, Inc. (“Customer”). The terms and conditions
contained herein are subject in all respects to the terms and conditions of the Agreement, except
that in the event of a conflict between the terms of this Attachment and the Agreement, the terms
of this Attachment shall govern. This Attachment shall not be effective until executed by Customer
and accepted by an authorized representative of BroadVision. The effective date of this Attachment
shall be the date of last signature below.




SOFTWARE




	 	 	 	 	 	 	 	 	 
	PRODUCT	 	PLATFORM	 	QUANTITY	 	UNIT COST	 	TOTAL
	BROADVISION 

DEPLOYMENT 

COMMERCE CPU
	 	SOLARIS
	 	4 (DUAL CORE,

ULTRASPARC IV), IM3
	 	$90,000
	 	$360,000
	 	 	 	 	 	 	 	 	 
	BROADVISION 

DYNAMIC COMMAND 

CENTER
	 	SOLARIS
	 	12
	 	$6,000
	 	$72,000
	 
	 	 	 	 	 	 	 	 
	TOTAL LICENSED PRODUCT
	 	$432,000
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	TOTAL LICENSE
	 	$432,000
	 
	 	 	 	 	 	 	 	 





Customer currently has 12 BroadVision Commerce CPU licenses for dual-core processors for use with
BroadVision Commerce and 6 BroadVision Dynamic Command Center licenses. Customer’s license of 4
additional BroadVision Commerce CPU licenses for dual-core processors, and 12 additional Dynamic
Command Center licenses gives Customer a total of 16 BroadVision Commerce CPU licenses for
dual-core processors, and 18 BoradVision Dynamic Command Center licenses.



Software Licensed Location: San Francisco, CA



Language. All products will be provided in English, unless otherwise specifically indicated
herein.




Terms and Conditions





	•	 	Payment Terms
	 
	 	 	As an express condition precedent Customer shall remit the full amount due hereunder by
check sent by express delivery to arrive at BroadVision headquarters office, 1600 Seaport
Blvd., Suite 550, North Building, Redwood City, CA 94063 on or before Tuesday October 2, 2007 or by wire transfer on or before 5PM
Pacific Standard time Tuesday, October 2, 2007 as follows:






	 	To: 	 	Citibank N.A.
	 	 	 	702 Marshall Street, Suite 100
	 	 	 	Redwood City, CA 94063, USA






	 	 	Routing & Transit #: 321171184
	 
	 	 	For further credit to BroadVision, Inc. A/C. 202046322
	 
	 	 	By Order of: <Enter Name of Sender>
	 
	•	 	Maintenance. Customer is not on maintenance for the Software therefore no maintenance fees
are quoted.
	 
	•	 	Validity of this offer
	 
	 	 	This offer is only valid until 28th day of September 2007.
	 
	 	 	All amounts are in US Dollars, excluding any applicable taxes.





	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Additional Commercial Terms 051007
	 	BroadVision, Inc
	 	Page 1 of 2







 









 





Attachment D-4 to General Terms and Condition of

the Software License and Services Agreement

Additional Commercial Terms





	•	 	Sales Tax Exemption / Resale Certificates
	 
	 	 	Pursuant to section 2 of the Agreement, Customer shall pay all sales and use tax resulting from the
Agreement. If the customer is exempt from sales tax please indicate below applicable exemption.
	 
	 	 	           Direct Payment Exemption (Direct Payment Exemption certificate required)
	 
	 	 	           Tax exempt entity




The Direct Payment Certificate must be faxed to BroadVision Accounting Department at (650)
261-5677.



Compliance. The acquisition by Customer of the additional licenses set forth in this Attachment
puts Customer in full and complete compliance with the terms of the Agreement related to the
number of licenses needed by Customer as discovered by BroadVision’s audit of Customer’s Software
usage on March 19, 2007.



By execution below, each signer certifies that he/she is authorized to accept and execute this
Attachment on behalf of his/her company:




	 	 	 	 	 	 	 
	CUSTOMER: RedEnvelope, Inc.

	 	 	 	BroadVision, Inc.	 	 
	 
	 	 	 	 	 	 
	/s/ Christopher Nordquist
 

Signature

	 	 	 	/s/ Pehong Chen
 

Signature
	 	 
	 
	Christopher
Nordquist

	 	 	 	Pehong Chen	 	 
	Printed Name

	 	 	 	Printed Name	 	 
	 
	Chief Administrative Officer & General Counsel

	 	 	 	President & CEO	 	 
	Title

	 	 	 	Title	 	 
	 
	September 28, 2007

	 	 	 	10/1/07	 	 
	Date

	 	 	 	Date	 	 






	 	 	 	 	 
	 
	 	 	 	 
	Additional Commercial Terms 051007

	 	BroadVision, Inc
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