AMD 1993 Annual Report Download - page 224

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that are sold, leased or otherwise disposed of by Fujitsu
pursuant to, and subject to the conditions of, this Agreement a
worldwide, royalty-free and non-exclusive immunity from suit,
damages and claims by AMD under AMD IPR to use, sell, lease or
otherwise dispose of such Licensed Products or Incorporated
Product, provided that such royalty-free immunity for such
customers and users shall extend only to the use, sale, lease or
other disposition of such particular Licensed Products or
Incorporated Products that such customers and users obtained
directly or indirectly from Fujitsu. [CONFIDENTIAL INFORMATION
OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION]. The sale, lease, or other disposition to customers
and users of Licensed Products or Incorporated Products by
Fujitsu does not convey any license, by implication, estoppel, or
otherwise, to such customers and users under Patent claims
covering combinations of such Products with other devices or
elements.
Article 5. SUBLICENSE.
Section 5.1. Each party shall have the right to
grant sublicenses of the rights, licenses and immunities granted
to such party under Section 3.1 or 3.2, as well as Articles 2 and
4 and this Article 5, to a Subsidiary of such party but subject
to the condition that such Subsidiary grants a license to the
other party hereunder of the Patents, if any, of such Subsidiary,
as follows: If such Subsidiary is subject to control by a Non-
Semiconductor Group, such grant-back license (a) shall be to the
Semiconductor Group of the other party and (b) shall be of
Semiconductor-Related (as defined in Section 3.4.1(a)(i))
Patents. If such Subsidiary is subject to control by the
Semiconductor Group, such license (a) shall be to the other party
as a whole and (b) shall be of all Patents of such Subsidiary.
Any such license shall otherwise be of a scope equivalent to that
of Section 3.1 or 3.2 (as applicable). It is hereby stated, for
confirmation purposes, that (i) it is an option, and not an
obligation, for a Subsidiary to grant such a license, unless and
until such Subsidiary elects to be granted a sublicense of such
rights, licenses and immunities, and (ii) even without obtaining
such a sublicense, a Subsidiary of a party may exercise the
rights, licenses and immunities granted hereunder to the same
extent as a Non-Semiconductor Group of such party that has not
granted a license to the other party's Semiconductor Group under
Section 3.4.1(a)(i) or 3.4.2(a)(i).
Section 5.2. If requested by a party, the other
party shall cause a Subsidiary actually controlled by the
Semiconductor Group of such other party to grant a license to
such party under Section 5.1.
Section 5.3. If the Semiconductor Group of a
party provides or makes available to the other party information,
material or technology in connection with activities related to
the Joint Development Agreement or the Joint Venture License
Agreement, and such information, material or technology embodies,
incorporates or is subject to any Semiconductor-Related (as
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994