AMD 1995 Annual Report Download - page 135

AMD and Intel Confidential
acquisition, AMD shall take no action to prevent all such patents and
patent applications owned by NexGen from being included as AMD Patents
licensed to Intel under this Agreement. If after AMD completes the
acquisition of NexGen, such patents and patent applications owned by
NexGen do not become AMD Patents under this Agreement within a reasonable
time, then all AMD products based on designs provided by NexGen shall be
excluded from the license grants and all other rights provided to AMD in
this Agreement.
9.3 Nothing contained in this Agreement shall be construed as:
(a) a warranty or representation by any of the parties to this Agreement
as to the validity or scope of any class or type of patent, utility
model and/or design patent; or
(b) a warranty or representation that any manufacture, sale, lease, use
or other disposition of Licensed Products herein will be free from
infringement of patents, utility models and/or design patents other
than those under which licenses have been granted; or
(c) an agreement to bring or prosecute actions or suits against third
parties for infringement or conferring any right to bring or
prosecute actions or suits against third parties for infringement; or
(d) conferring any right to use in advertising, publicity, or otherwise,
any trademark, trade name or names, or any contraction, abbreviation
or simulation thereof, of either party; or
(e) conferring by implication, estoppel or otherwise, upon any party
licensed herein, any license or other right under any class or type
of patent, utility model or design patent except the licenses and
rights expressly granted herein; or
(f) conferring by implication, estoppel or otherwise, upon any party
licensed herein, any license or other right under any copyright
(except for the express grants contained in Section 6.0), maskwork,
or trade secret right; or
(g) an obligation to furnish any technical information or know-how.
9.4 This Agreement is personal to the parties, and the Agreement or any right
or obligation herein, cannot be assigned, whether in conjunction with a
change in ownership, or the sale or transfer of the whole or any part of
a party's business or assets, either voluntarily, by operation of law, or
otherwise, without the prior written consent of the other party. Any such
purported assignment or transfer shall be null and void. In the event
that a third party reaches an agreement to acquire a Controlling Interest
in either party then the party being acquired shall deliver an
acquisition agreement notice to the non-acquired party, providing the
terms of the acquisition agreement and the identity of the acquiring
third party in strict confidence to the executive management and legal
counsel of the non-acquired party. The non-acquired party shall have the
right to terminate this Agreement
12
Source: ADVANCED MICRO DEVIC, 10-K405, March 21, 1996