1169561--5/19/2009--COMMVAULT_SYSTEMS

related topics

{system, service, information}

{product, market, service}

{customer, product, revenue}

{stock, price, share}

{stock, price, operating}

{property, intellectual, protect}

{personnel, key, retain}

{control, financial, internal}

{operation, international, foreign}

{provision, law, control}

{product, candidate, development}

{acquisition, growth, future}

{regulation, government, change}

We may not be able to respond to rapid technological changes with new software applications and services offerings, which could have a material adverse effect on our sales and profitability. We rely on indirect sales channels, such as value-added resellers, systems integrators, corporate resellers, distributors and original equipment manufacturers, for the distribution of our software applications, and the failure of these channels to effectively sell our software applications could have a material adverse effect on our revenues and results of operations. We may experience a decline in revenues or volatility in our operating results, which may adversely affect the market price of our common stock. We encounter long sales and implementation cycles, particularly for our larger customers, which could have an adverse effect on the size, timing and predictability of our revenues. We depend on growth in the data management software market, and lack of growth or contraction in this market or could have a material adverse effect on our sales and financial condition. Sales of one of our software applications make up a substantial portion of our revenues, and a decline in demand for this software application could have a material adverse effect on our sales, profitability and financial condition. Our software applications are complex and contain undetected errors, which could adversely affect not only our software applications performance but also our reputation and the acceptance of our software applications in the market. We develop software applications that interoperate with operating systems and hardware developed by others, and if the developers of those operating systems and hardware do not cooperate with us or we are unable to devote the necessary resources so that our applications interoperate with those systems, our software development efforts may be delayed or foreclosed and our business and results of operations may be adversely affected. We may not receive significant revenues from our current research and development efforts for several years, if at all. The loss of key personnel or the failure to attract and retain highly qualified personnel could have an adverse effect on our business. Our international sales and operations are subject to factors that could have an adverse effect on our results of operations. Our ability to sell our software applications is highly dependent on the quality of our services offerings, and our failure to offer high quality support and professional services would have a material adverse affect on our sales of software applications and results of operations. Our services revenue produces lower gross margins than our software revenue, and an increase in services revenue relative to software revenue would harm our overall gross margins. Our ability to sell to the U.S. federal government is subject to uncertainties, which could have a material adverse effect on our sales and results of operations. If we are unable to manage our growth, there could be a material adverse effect on our business, the quality of our products and services and our ability to retain key personnel. We may be subject to information technology system failures, network disruptions and breaches in data security. Protection of our intellectual property is limited, and any misuse of our intellectual property by others could materially adversely affect our sales and results of operations. Claims that we misuse the intellectual property of others could subject us to significant liability and disrupt our business, which could have a material adverse effect on our results of operations and financial condition. We are currently unable to accurately predict what our long-term effective tax rates will be in the future. We cannot predict our future capital needs and we may be unable to obtain additional financing, which could have a material adverse effect on our business, results of operations and financial condition. Our use of open source software could negatively affect our business and subjects us to possible litigation. Risks Relating to Ownership of Our Common Stock The price of our common stock may be highly volatile and may decline regardless of our operating performance. Future sales of our common stock, or the perception that such future sales may occur, may cause our stock price to decline and impair our ability to obtain capital through future stock offerings. Certain provisions in our charter documents and agreements and Delaware law, as well as our stockholder rights plan, may inhibit potential acquisition bids for CommVault and prevent changes in our management. We do not expect to pay any dividends in the foreseeable future. We will continue to incur significant costs as a result of being a public company.

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1169561--5/19/2009--COMMVAULT_SYSTEMS_INC