AMD 2003 Annual Report Download - page 260

The confidentiality obligations of Contractor shall include, but not be limited to, the following:
a) All communications and information obtained by Contractor from Company relating to this Agreement, and all information developed by
Contractor under this Agreement, are confidential (“Confidential Information”). Without the prior written consent of Company, Contractor shall
neither divulge to, nor discuss with, any third party either Works executed hereunder, or any Confidential Information in connection with such
Works, except as required by law or, upon consultation with Company, necessary for the execution of this Agreement unless Company objects for
good cause. Prior to any disclosure of such matters, whether as required by law or otherwise, Contractor shall inform Company, in writing, of the
nature and reasons for such disclosure. Contractor shall not use any Confidential Information obtained from Company for any purpose other
than the performance of this Agreement, without Company’s written prior consent.
b) The foregoing obligations shall not apply to the extent that the Party which has received the Confidential Information can show that such
Confidential Information of the disclosing Party (i) was in the possession of the receiving party or known to it before receipt from the receiving
Party, or (ii) has become generally known through no fault of the receiving Party, or (iii) was legally disclosed to the receiving Party by another
person without restriction, or (iv) was independently developed by the receiving Party, or (v) had to be revealed in accordance with statutory or
administrative provisions, or (vi) was revealed by the receiving Party after prior written consent of the disclosing Party which is deemed to be
given to the extent reasonably necessary for financing.
c) In the case of Contractor subcontracting in accordance with no. 5.1 , Contractor may disclose to any subcontractor, or Company approved third
parties, any information otherwise subject to above (a) that is reasonably required for the performance of the subcontractor’s work. Prior to any such
disclosure, Contractor shall obtain the respective subcontractor’s written agreement to the requirements of above (a) and shall provide a copy of
such agreement to Company. Disclosing information reasonably required for the performance of the subcontractors work to nominated
subcontractors as listed in no. 5.1 shall be deemed to be consented to by Company.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004