AMD 1995 Annual Report Download - page 127

AMD and Intel Confidential
in-part or reissues), and applications for these classes or types of all
countries of the world owned or controlled by INTEL or its Subsidiaries
at any time during the term of this Agreement which (a) have a first
effective filing date prior to the expiration or termination of this
Agreement and (b) except for consideration paid to employees, have no
requirement to pay consideration to another for the grant of a license
under this Agreement.
1.17 "AMD Licensed Products" shall mean any AMD products constituting: (a) a
Semiconductor Device, (b) an Integrated Circuit, or (c) a Circuit
Assembly, all of the above excluding Excluded INTEL Products.
1.18 "INTEL Licensed Products" shall mean any INTEL products constituting: (a)
a Semiconductor Device, (b) an Integrated Circuit, or (c) a Circuit
Assembly, all of the above excluding Excluded AMD Product.
1.19 "AMD Facility" shall mean a manufacturing plant wholly owned and operated
by AMD or a qualified Subsidiary of AMD.
1.20 "Net Revenue" shall mean the amount actually invoiced, less separately
itemized charges for duty, freight and taxes, for product shipped to a
third party less actual returns and price adjustments. Amounts reserved
for accounting purposes but not actually incurred (such as a distributor
reserve) shall not be deducted in the calculation of Net Revenue. Sales
or transfers to a Subsidiary shall not be considered as Net Revenue until
the product is sold or transferred to a third party. All currency
transactions shall be translated to United States dollars using standard
accounting practices.
1.21 "Original Royalty Product" shall mean an AMD Licensed Product that
[CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION] an [CONFIDENTIAL INFORMATION OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] but in
no event shall include product that constitutes an [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION] product.
1.22 "Continuing Royalty Product" shall mean Original Royalty Product other
than any [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION] that is [CONFIDENTIAL INFORMATION
OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]
with an [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION] in an [CONFIDENTIAL INFORMATION
OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]
1.23 "Royalty Product" shall mean either Original Royalty Product or
Continuing Royalty Product as appropriate.
2.0 MUTUAL RELEASES
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2.1 AMD hereby releases, acquits and forever discharges INTEL and its
Subsidiaries from any and all claims or liability for infringement of any
AMD Patents arising prior to the Effective Date of this Agreement.
4
Source: ADVANCED MICRO DEVIC, 10-K405, March 21, 1996