Datavault AI Enters Licensing Deal With IBM For Program Subscriptions; IBM Has Agreed To License The Programs To The Company For Two Payments Of $18,935,564 And $4,729,730, Respectively

On July 7, 2025, Datavault AI Inc., a Delaware Corporation (the "Company") entered into a purchase commitment for programs with an effective date of June 30, 2025 (the "Purchase Commitment") with International Business Machines Corporation ("IBM"), pursuant to which the Company has agreed to purchase, and IBM has agreed to sell, certain subscriptions to IBM program offerings (the "Programs").

 

Pursuant to the Purchase Commitment, IBM has agreed to license the Programs to the Company for two payments of $18,935,564 and $4,729,730, respectively (the "Program Payments"). According to an Embedded Solution Agreement (the "Base Agreement"), of which the Purchase Commitment and the Cloud Services Agreement (as defined below) form a part, the Program Payments become due once an invoice is sent from IBM to the Company and are due within 30 days of receipt of the invoice.

 

Under the Purchase Commitment, the Company must send a report to IBM every 90 days summarizing the use of each Program. The Company may license the Programs to end-users, subject to certain limitations, restrictions, and requirements. The Company must use its own intellectual property to add value to the Programs, and describe this value to IBM as well as bundle it within the Programs when licensing to end-users.

 

The Purchase Commitment includes customary representations and warranties and various customary covenants and closing conditions that are subject to certain limitations, including in the Base Agreement.