AMD 1993 Annual Report Download - page 285

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event of the joint indemnification, AMD and Fujitsu shall cooperate
fully in the defense of such claims or actions and the costs and expenses
(including any losses or damages (including reasonable attorney's fees)) shall
be shared equally. In the event the indemnity is by either AMD or Fujitsu, such
party shall control the defense of such claims or actions. The JV and the other
party shall render reasonable support to the party or parties indemnifying JV
hereunder.
Article 10. WARRANTIES, LIMITATION ON LIABILITY, AND COVENANTS.
Section 10.1. Each of the parties hereto represents and warrants
to each other party that it has the right, and will continue during the term of
this Agreement to have the right, to grant to or for the benefit of the other
parties the rights and licenses granted hereunder in accordance with the terms
of this Agreement and such grant of rights and licenses does not, and will not
during the term of this Agreement, conflict with the rights and obligations of
such party under any other license, agreement, contract or other undertaking.
Each party shall indemnify, hold harmless and defend the other parties against
a breach by such party of this Section 10.1.
Section 10.2. Nothing contained in this Agreement shall be
construed as:
(a) a warranty or representation by any of the parties hereto
or its Subsidiaries sublicensed hereunder as to the validity or scope of any JV
IPR, Tripartite IPR, Fujitsu IPR or AMD IPR, as the case may be; or
(b) conferring upon any party hereto or its Subsidiaries
sublicensed hereunder any license, right or privilege under any patents,
utility models, design patents, copyrights, mask work rights or trade secrets
except the licenses, rights and privileges expressly granted hereunder; or
(c) a warranty or representation that any acts licensed or
sublicensed hereunder will be free from infringement of patents, utility
models, design patents, copyrights, mask work rights or trade secrets other
than those under which licenses, rights and privileges have been expressly
granted hereunder; or
(d) an arrangement to bring or prosecute actions or suits
against third parties for infringement or conferring any right to bring or
prosecute actions or suits against third parties for infringement; or
(e) conferring any right to use in advertising, publicity or
otherwise, any trademark, service mark, trade name or their equivalent, or any
contraction, abbreviation or simulation thereof, of either party hereto or
their Subsidiaries sublicensed hereunder.
Section 10.3. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NONE OF THE
PARTIES HERETO MAKES ANY WARRANTIES, WHETHER EXPRESS OR OTHERWISE, CONCERNING
ANY IPR, TECHNOLOGY, PRODUCTS, PROCESSES, DESIGNS, DOCUMENTS OR INFORMATION
LICENSED OR OTHERWISE PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994