Attached files
| file | filename |
|---|---|
| EX-10.1 - NEOMEDIA TECHNOLOGIES INC | v162710_ex10-1.htm |
| EX-99.1 - NEOMEDIA TECHNOLOGIES INC | v162710_ex99-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
__________________
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) of The
SECURITIES
EXCHANGE ACT OF 1934
__________________
Date of
Report (Date of earliest event reported): October 7, 2009
NeoMedia Technologies,
Inc.
(Exact
Name of Registrant as Specified in its Charter)
|
Delaware
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0-21743
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36-3680347
|
|
(State
or other jurisdiction of incorporation)
|
(Commission
File Number)
|
(IRS
Employer Identification No.)
|
|
Two Concourse Parkway,
Suite 500, Atlanta, GA
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30328
|
|
(Address
of principal executive offices)
|
(Zip
code)
|
|
Registrant's
telephone number, including area code:
|
(678)
638-0460
|
Not
Applicable
(Former
Name or Former Address, If Changed Since Last Report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
|
o
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
|
o
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
|
o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange
Act (17 CFR 240.14d-2(b))
|
|
o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))
|
Item 1.01 Entry Into a
Material Definitive Agreement.
On
October 7, 2009, NeoMedia Technologies, Inc., a Delaware corporation (the “Company”), entered
into a four (4) year agreement (the “License Agreement”)
with Brand Extension Mobile Solutions, S.A., a Madrid (Spain) corporation
(“BEMS”), pursuant
to which the Company granted to BEMS a non-exclusive license to use the
Licensed Platform in an approved Field of Use within a certain geographical
Territory (as such capitalized terms are defined in the License
Agreement).
The
Licensed Platform will support BEMS’s performance of exclusive commercial
operations under a particular cooperation agreement between BEMS and Telefónica
Internacional, S.A.U. (“Telefónica”). BEMS
intends to use the Company as its prime vendor in connection with such agreement
with Telefónica. The License Agreement grants to BEMS the right to distribute
the Company’s barcode reading software via download or through its inclusion in
mobile devices. The License Agreement also requires BEMS to purchase twenty-five
(25) of the Company’s hardware products to support testing and marketing of
barcode and mobile barcode based ticketing and couponing
activities.
The
License Agreement requires the Company to provide certain Support Services (as
defined in the License Agreement), which include providing support, maintenance,
upgrade and update services to BEMS or to BEMS’s customers. The License
Agreement also provides that the Company shall have certain limited sublicense
and interoperability obligations to facilitate BEMS’s existing relationships and
obligations.
The
foregoing description of the License Agreement is qualified in its entirety by
reference to the complete and actual terms of the License Agreement, a copy of
which is attached hereto as Exhibit 10.1 which is
hereby incorporated by reference herein in its entirety.
Item
8.01 Other Events.
On
October 13, 2009, the Company issued a press release (the “Press Release”)
announcing the License Agreement. A copy of the Press Release has
been furnished with this Current Report on Form 8-K and is attached hereto as
Exhibit 99.1,
which is hereby incorporated by reference herein in its entirety.
Item
9.01 Financial Statements and Exhibits
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(a)
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Not
applicable.
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(b)
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Not
applicable.
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(c)
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Not
applicable.
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(d)
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Exhibits:
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EXHIBIT
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DESCRIPTION
|
LOCATION
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||
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Exhibit
10.1
|
License
and Support Services Agreement by and between the Company and Brand
Extension Mobile Solutions, S.A., dated October 7, 2009
|
Provided
herewith.
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||
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Exhibit
99.1
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Press
Release, dated October 13, 2009
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Provided
herewith.
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2
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
Company has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
|
Date: October
13, 2009
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NEOMEDIA
TECHNOLGIES, INC.
|
||
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By:
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/s/ Michael W.
Zima
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||
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Name:
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Michael
W. Zima
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||
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Its:
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Chief
Financial Officer
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||
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