AMD 1993 Annual Report Download - page 308

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set of such confirmed design data in tangible form shall be kept by each party.
If the lead party is not the party conducting the test run described in
Sections 5.3(e) and (f), the lead party shall conduct a test run on its own to
ensure its ability to support the contemplated technology transfer to JV.
Article 6. DEVELOPMENT COSTS.
Each party shall bear all costs incurred by such party in the
course of the development and design work contemplated by this Agreement.
Article 7. INTELLECTUAL PROPERTY RIGHTS.
Section 7.1. Pursuant to the Joint Venture License Agreement to
be entered into among Fujitsu, AMD and the JV, each of Fujitsu and AMD will
grant to the JV certain licenses to the technology being developed hereunder
and previously existing related technology.
Section 7.2. Pursuant to the Technology Cross-License, each of
Fujitsu and AMD will grant to the other certain licenses to the technology
being developed hereunder and previously existing related technology.
Section 7.3. Except as provided in Section 7.4 of this
Agreement, all Subject Technology IPR hereunder shall be jointly owned by
Fujitsu and AMD. Neither party hereto may file an application for a Patent
with respect to such Subject Technology IPR without the prior written consent
of the other party. The parties agree to cooperate in applying for,
prosecuting and maintaining any Patents, as may be mutually agreed and in
protecting such Subject Technology IPR, and, in each case, to equally divide
the expenses thereof. Each of Fujitsu and AMD shall have the right to make,
have made, use and sell products and processes using the Subject Technology IPR
and to license such Subject Technology IPR without restriction or accounting to
the other party unless otherwise mutually agreed upon in writing, except that
neither Fujitsu nor AMD shall assign its ownership interest in any Subject
Technology IPR to a third party without the prior written consent of the other
party.
Section 7.4. Where any technology included in the Subject
Technology IPR is developed independently hereunder by either party hereto,
without use of the Confidential Information of the other party, in the course
of development and design work conducted in accordance with the terms of this
Agreement, the ownership and the right to file for a Patent for such technology
shall rest solely with the party developing such technology. All Other IPR and
Propriety Information in such technology shall be owned jointly by the parties,
shall be considered Subject Technology IPR and shall be subject to the
provisions of this Agreement regarding jointly owned Subject Technology IPR.
Pursuant to the Technology Cross-License and the Joint Venture License, each of
Fujitsu and AMD will grant to the other and the JV a license to such IPR
covering any such technology developed independently by such party and patented
by such party in accordance with this Section 7.4.
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994