AMD 1994 Annual Report Download - page 199

remove such Product and refund the purchase price and transportation costs
of such Products and reimburse Compaq for its reasonable expenses incurred
in procuring substitute product.
D. No rights to Compaq's or AMD's trademarks, trade names or brand names are
conferred, either expressly or by implication.
E. AMD represents and warrants that it will not assert any claim or action
against Compaq or it's customers that Compaq's or its customers' use of
Product for its intended purpose infringes any IPR of AMD, and AMD hereby
grants Compaq and its customers, mediate and immediate, an immunity from any
such claim or action.
F. Except for the rights specifically set forth elsewhere in Section 19 and
Section 20, the sale of Products by AMD does not convey any license by
implication, estoppel, or otherwise, under any patent claims covering
combinations of said Products with other devices or elements, or the process
or method of making such Products.
G. Compaq shall defend, at its expense, AMD from any claims resulting from
compliance of Products with Compaq's designs or custom specifications that
are implemented by AMD as specified by Compaq if such Compaq specified
implementation resulted in the claim of infringement of any patent,
copyright, trademark, or other proprietary right of a third party, and shall
pay all costs and damages awarded against AMD provided that Compaq is
promptly notified in writing and given authority, information and assistance
(at Compaq's expense) for the defense and compromise of same with counsel of
Compaq's choice. The foregoing states the entire liability of Compaq for
infringement of patent, copyright, trademark, or other proprietary rights of
a third party. The foregoing obligation shall only apply to such Product
that is sold to Compaq and shall not apply to any of such Product that AMD
may sell to any of its other customers. In addition, the foregoing shall not
apply to situations where the Compaq specified implementation was a result
of AMD's failure to provide Product that has full Microsoft Windows
Compatibility and Socket Compatibility.
H. If, as a result of and in the performance of AMD's obligations under this
Section 19, AMD's [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY
WITH THE SECURITIES AND EXCHANGE COMMISSION] such that AMD determines that
it is no longer [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION], then AMD may [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION] by giving written notice to Compaq [CONFIDENTIAL INFORMATION
OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]
prior to the date of termination, provided that such notice may be given no
earlier than [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION] following the Effective Date of this
Agreement.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995