"In October of 2005, Plaintiff issued a Purchase Order (.PO.) placing an order for 1,250
digEplayers to be delivered in January of 2006. Very soon afterwards, the parties entered into a
Digital Rights Management Program Services Agreement (.DRM Agreement.)"

"Very soon afterwards,"....this was not the manner it took place....

Both items were part of a single instrument....you could not get one with out the other.

See item 5 of the DRM agreement:

5. Other Matters: New Orders: As part of this Agreement, DIGECOR will place an order for 2000 units with 1250 units deliverable immediately. The Parties understand that Maycom will produce the 1250 units, with the payment terms as listed on the purchase order. DIGECOR will release the other units for production at its discretion after January 1, 2006. No upfront payments will be made for the remaining 750 units until they are released for production and then only payable if the manufacturer requires it. DIGECOR and EDIGITAL will work together to place the remaining order with another contact manufacturer, such as WolfElectronix, at DIGECOR?s direction.

Wencor was squeezing e.Digital...or they thought they were.

doni