AMD 1995 Annual Report Download - page 130

AMD and Intel Confidential
patents shall not extend to those portions of the product provided to the
third party that represent designs provided by such third party. The
exclusion stated in this paragraph shall not apply to [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION]
4.4 Except as provided in Paragraph 4.5, nothing in this grant to AMD or
otherwise contained in this Agreement shall give AMD either the express
or implied right to license INTEL Patents to others. Nor shall sale of
AMD Integrated Circuits, Semiconductor Devices, and/or Circuit Assemblies
subject to a license grant herein provide or give rise to an implied
license, by estoppel or otherwise, in favor of third parties to any INTEL
Patents covering combinations of Integrated Circuits, Semiconductor
Devices, and/or Circuit Assemblies or methods of using such combinations.
Nothing contained in this Paragraph shall limit the covenant of Paragraph
4.2.
4.5 The licenses granted to AMD under this Section 4 shall also extend to
those qualified AMD Subsidiaries in existence during the term of this
Agreement, upon the condition that such Subsidiaries are bound by the
terms and conditions of this Agreement and that the patents of such
Subsidiaries, covering both utility models and design patents, and
applications therefor, shall be included in the AMD Patents licensed by
this Agreement. The extension to an AMD Subsidiary shall apply only
during the time period when the business entity meets all requirements of
a Subsidiary, and the rights extended to INTEL remain in effect. Upon
written request by INTEL, AMD will give INTEL written notice to identify
any AMD Subsidiary to which such a license has been extended.
4.6 Nothing in this Section 4 shall be deemed as an agreement or prohibition
against the manufacture, use or sale of any product. However, the
licenses granted to AMD under this Section 4 do not include a license
under INTEL patents or other intellectual property to make, to have made,
to use, to import, to sell, offer to sell (either directly or
indirectly), to lease, or otherwise dispose of an Excluded INTEL Product.
4.7 Notwithstanding the limitations of this Section 4, the licenses granted
under INTEL Patents shall, during the term of this Agreement, extend to
Original Royalty Product made by AMD in an AMD Facility and to Original
Royalty Product made for AMD only to the extent of no more than
[CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION] of the annual total units of Original
Royalty Product shipped to a third party, upon payment by AMD of the
royalties contained in Section 5.
4.8 Notwithstanding the limitations of this Section 4, the licenses granted
under INTEL Patents shall, after the expiration of this Agreement under
the provisions of Paragraph 8.1, extend to a Continuing Royalty Product
made by AMD in an AMD Facility and to Continuing Royalty Product made for
AMD only to the extent of no more than [CONFIDENTIAL INFORMATION OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] of the
annual total units of Continuing Royalty Product shipped to a third
party, upon payment by AMD of the royalties contained in Section 5. In
the event that
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Source: ADVANCED MICRO DEVIC, 10-K405, March 21, 1996