Amendment Number One To Software Development & License Services Agreement

EXHIBIT 10.13.3


CONFIDENTIAL TREATMENT REQUESTED


AMENDMENT NUMBER ONE TO

THE SOFTWARE DEVELOPMENT AND LICENSE AND SERVICES AGREEMENT

This Amendment Number One to the Software Development and License and Services Agreement ("Amendment 1") is entered into by and between Brightmail Incorporated , a California corporation, with a place of business at 301 Howard Street, Suite 1800, San Francisco, California 94105 ("BI"), and MICROSOFT CORPORATION (successor in interest to WebTV Networks), a Washington corporation, with principal offices at One Microsoft Way, Redmond, WA 98052, ("Microsoft"). The effective date of this Amendment 1 is 20 April 2004 ("Effective Date").

BACKGROUND

A. Effective as of January 4, 2001, BI and Microsoft entered into a Software Development and License and Services Agreement ("Agreement") with regard to Microsoft licensed rights to the Software for the purpose of using the Brightmailae Solution Suite and related services, and which adopted ...