AMD 2002 Annual Report Download - page 258

7.3.6 inherently disclosed in the use, lease, sale or other distribution of any available product or service or publicly available supporting
documentation therefor by the receiving Party or any of its Subsidiaries.
7.4 The receiving Party’s obligations with respect to Specific Results or any other confidential information of the disclosing Party as specified in
Section 7.3, above shall not apply to any disclosure that is:
7.4.1 in response to a valid order of a court or other governmental body of any country or group of countries or any political subdivision
thereof; provided, however, that the receiving Party shall first have notified the disclosing Party and made a good faith effort to obtain a
protective order requiring that the information and/or documents so disclosed be used only for the purposes for which the order was
issued;
7.4.2 otherwise required by law; or
7.4.3 reasonably necessary in order to establish the receiving Party’s rights, provided that such receiving Party shall provide the disclosing
Party with prior written notice, except notice shall not be required where the receiving Party is attempting to establish rights in a
lawsuit under this Agreement against the disclosing Party or is filing a patent under Section 11 of this Agreement.
7.5 Each Party shall have the right to disclose and sublicense as specified in Section 8 Specific Results to any of its Wholly Owned Subsidiaries and its
Related Subsidiaries at any time; provided however, that such Wholly Owned Subsidiaries and its Related Subsidiaries shall agree to be bound by
substantially the same terms as are applicable to said Party in Sections 7.2, 7.3, and 7.4 and the survival of same pursuant to Section 12. Further,
each Party may authorize its Wholly Owned Subsidiaries and its Related Subsidiaries to whom such Party has disclosed Specific Results pursuant to
this Section 7.5 to exercise some or all of its rights to disclose Specific Results under and in accordance with Section 7.6.
7.6 Subject to provisions of this Section 7.6, AMD shall have the right to disclose the following portions of the Specific Results to Third Parties, but
solely for the purpose of enabling such party to assist AMD, in exercising the rights granted to it hereunder:
7.6.1 specifications for masks, materials, chemicals, consumables and/or equipment to contractors or suppliers;
7.6.2 wafers and/or information to have equipment maintained; or
7.6.3 equipment lists and simple process flow information, excluding detailed process flow information or detailed process specifications, as
necessary in order to enable installation of a process in a fabrication facility or to design and construct a facility to practice such
process.
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003