US Company Obtains Large Judgment Against Ambiencia; Visix Software Wins US$1 MM Claim Against Owner of Galaxy Software

Apr 05, 2001, 01:00 ET from Visix Software, Inc.

    ALEXANDRIA, Va., April 5 /PRNewswire/ -- A United States Federal District
 Court has entered a judgment of almost US$1 million against Ambiencia Sistemas
 de Informacao Ltda. of Campinas, Sao Paolo, Brazil.  Visix Software, Inc.
 filed suit against Ambiencia as guarantor of the debt of its American
 subsidiary, Ambiencia Information Systems, Inc.
     Visix sold several software products, including Galaxy Application
 Environment and Vibe, to Ambiencia Information Systems, Inc., a wholly owned
 subsidiary of Ambiencia-Brazil, in 1998.  Under the terms of the sale
 agreement, Ambiencia-US agreed to make royalty payments to Visix based on
 future sales of the products.  Ambiencia-Brazil guaranteed payment by its
 subsidiary to Visix.  Despite numerous sales of the former Visix products,
 Ambiencia-US refused to make required payments to Visix, resulting in Visix's
 suit against Ambiencia-Brazil under the guaranty.
     As a result of the lawsuit, the US federal court ordered Ambiencia to pay
 Visix $850,000 in damages under the guaranty, and also awarded Visix over
 $65,000 in attorneys' fees for Ambiencia-US's breach of contract.  The total
 amount owed by Ambiencia to Visix now stands at $916,579.50.
     Visix Software president Deborah Luth Bedell commented, "We very much
 regret having to sue a company which we felt could have been a good business
 partner.  But when it became obvious that Ambiencia was continuing to make
 software sales without paying us what they had promised, we had no choice.  We
 intend to act swiftly and vigorously to collect the amounts we have been
 awarded by the court."
     In sworn testimony and in court-monitored settlement discussions,
 Ambiencia's president, Fuad Gattaz Sobrinho, repeatedly stated that neither
 Ambiencia-US nor Ambiencia-Brazil had sufficient funds to pay such a judgment.
 Despite repeated efforts, the parties have been unable to reach a settlement
 of the matter.
     As a result, Visix has commenced collection efforts against Ambiencia
 assets in the US, to seize any assets owned by either company in that country.
 In addition, Visix is now commencing collection efforts against Ambiencia in
 the courts of Brazil.  Successful collection would permit the seizure of
 Ambiencia assets in amounts sufficient to satisfy the debt, including seizure
 of the previously-sold software.
 
 

SOURCE Visix Software, Inc.
    ALEXANDRIA, Va., April 5 /PRNewswire/ -- A United States Federal District
 Court has entered a judgment of almost US$1 million against Ambiencia Sistemas
 de Informacao Ltda. of Campinas, Sao Paolo, Brazil.  Visix Software, Inc.
 filed suit against Ambiencia as guarantor of the debt of its American
 subsidiary, Ambiencia Information Systems, Inc.
     Visix sold several software products, including Galaxy Application
 Environment and Vibe, to Ambiencia Information Systems, Inc., a wholly owned
 subsidiary of Ambiencia-Brazil, in 1998.  Under the terms of the sale
 agreement, Ambiencia-US agreed to make royalty payments to Visix based on
 future sales of the products.  Ambiencia-Brazil guaranteed payment by its
 subsidiary to Visix.  Despite numerous sales of the former Visix products,
 Ambiencia-US refused to make required payments to Visix, resulting in Visix's
 suit against Ambiencia-Brazil under the guaranty.
     As a result of the lawsuit, the US federal court ordered Ambiencia to pay
 Visix $850,000 in damages under the guaranty, and also awarded Visix over
 $65,000 in attorneys' fees for Ambiencia-US's breach of contract.  The total
 amount owed by Ambiencia to Visix now stands at $916,579.50.
     Visix Software president Deborah Luth Bedell commented, "We very much
 regret having to sue a company which we felt could have been a good business
 partner.  But when it became obvious that Ambiencia was continuing to make
 software sales without paying us what they had promised, we had no choice.  We
 intend to act swiftly and vigorously to collect the amounts we have been
 awarded by the court."
     In sworn testimony and in court-monitored settlement discussions,
 Ambiencia's president, Fuad Gattaz Sobrinho, repeatedly stated that neither
 Ambiencia-US nor Ambiencia-Brazil had sufficient funds to pay such a judgment.
 Despite repeated efforts, the parties have been unable to reach a settlement
 of the matter.
     As a result, Visix has commenced collection efforts against Ambiencia
 assets in the US, to seize any assets owned by either company in that country.
 In addition, Visix is now commencing collection efforts against Ambiencia in
 the courts of Brazil.  Successful collection would permit the seizure of
 Ambiencia assets in amounts sufficient to satisfy the debt, including seizure
 of the previously-sold software.
 
 SOURCE  Visix Software, Inc.