AMD 2002 Annual Report Download - page 259

Such disclosures will not be made without a written agreement between the disclosing party and the recipient. Such agreements shall be subject to
the following:
(a) such agreements must obligate the recipient to utilize the disclosed information solely for the benefit of the discloser and for no other
purpose, and solely in furtherance of the purposes set forth in this Section 7.6;
(b) such disclosures shall be subject to confidentiality terms that are the same or substantially similar to those set forth in this Agreement,
and at a minimum must have a confidentiality term that is no shorter than that set forth herein; and
(c) the disclosing Party shall use reasonable efforts to negotiate a provision in the agreement whereby IBM would be granted third party
beneficiary status (or the equivalent under whatever law applies to the agreement), to the extent permitted by law, with an
independent right to enforce the confidentiality and license provisions of the agreement.
For the avoidance of doubt, AMD shall have the right under this Section 7.6 to disclose portions of Specific Results as may be incorporated into a Derivative
Process as set forth in Sections 7.7 and 8.1, for the same purposes and subject to the same limitations as set forth herein.
Moreover, AMD shall have the right to disclose those portions of Specific Results listed below to their customers, solely for the purpose of enabling sales of
Integrated Circuits embodying the Specific Results to such customers. Such portions shall include the following:
• Process roadmap and development schedule for Process Development Projects;
• Time schedule for development of device model library, and SPICE parameters;
• Design rules for each Process Development Project; and
• Simplified process flow (indicative of rough number of process and mask steps).
Such disclosures will not be made without a written agreement between the disclosing party and the recipient that, at a minimum, shall have a term of
confidentiality no shorter than that set forth herein, and that limit such recipient’s use of such information to the purposes set forth herein.
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003