AMD 1994 Annual Report Download - page 225

disclosed by Discloser, Recipient agrees that Recipient may disclose such
INFORMATION only to Recipient's employees having a need to know such INFORMATION
for performance of this Agreement, that Recipient shall use the same degree of
care to avoid disclosure of INFORMATION as it employs with respect to its own
confidential/proprietary information, using at least a reasonable standard of
care, and that Recipient shall notify its employees who receive such INFORMATION
of the obligations hereunder.
13.3 Discloser shall prevent Recipient from being exposed to third party
confidential information which is in Discloser's possession.
13.4 Recipient shall have no obligation as to Discloser's INFORMATION that (a)
is known to Recipient at the time of disclosure; or (b) is independently
developed by Recipient, provided Recipient can show that such development was
accomplished by or on behalf of Recipient without the use of or any reference to
such INFORMATION; or (c) becomes known to Recipient from another source without
confidentiality restriction on subsequent disclosure or use; or (d) is or
becomes part of the public domain through no wrongful act of Recipient; or (e)
is disclosed with the prior written approval of Discloser; or (f) is disclosed
pursuant to any judicial or governmental request, requirement or order; provided
that Recipient takes reasonable steps to give Discloser sufficient prior notice
in order to contest such request, requirement or order; or (g) is furnished to a
third party by Discloser without similar confidentiality restriction on the
third party.
13.5 Title to all tangible forms of Discloser's INFORMATION and any copies
thereof shall be and remain with Discloser. Recipient shall not copy or
reproduce in whole or in part any such INFORMATION without written approval of
Discloser, except as is necessary to fulfill the purposes of this Agreement.
Upon written request or termination of this Agreement, all such tangible forms
of such INFORMATION, with the exception of an archive copy to be used solely for
complying with Recipient's obligations hereunder, shall be promptly returned to
Discloser or destroyed at Discloser's option.
13.6 Recipient shall not remove any proprietary, copyright, semiconductor chip
protection, trade secret, or other legend ("Proprietary Rights Legend") from any
form of Discloser's INFORMATION. Recipient, when reasonably possible and at
Discloser's expense, will add to such INFORMATION any Proprietary Rights Legend
(or modify same) which Discloser deems necessary to protect its INTELLECTUAL
PROPERTY RIGHTS and requests in writing to be so added or modified.
13.7 The confidentiality obligations under this Section 13 shall survive
termination of this Agreement.
13.8 No rights or obligations other than expressly recited herein are to be
implied solely from the transfer and/or receipt of INFORMATION. Nothing except
that expressly stated herein shall affect either party's present or prospective
rights under any country's patent, copyright or mask works rights laws, or be
construed as granting any license under any present or future patent or
copyright rights or mask works rights, or application therefor, or preclude
marketing an product unless such marketing constitutes unauthorized use and/or
disclosure of INFORMATION.
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995