AMD 2004 Annual Report Download - page 259

3.3 Non-Semiconductor Groups.
3.3.1 Notwithstanding anything to the contrary in this Agreement, the rights, licenses and immunities granted by Parent hereunder to FASL (and the
definition of Parent Licensed Patents included in such grant) shall exclude Licensed Patents of any Parent Non-Semiconductor Group. No Parent
Non-Semiconductor Group may exercise the rights, licenses and immunities granted hereunder to Parent for Licensed Products, except with respect to Licensed
Products that are made by or for the Parent Semiconductor Group or a Subsidiary sublicensed hereunder.
3.3.2 Notwithstanding anything to the contrary in this Agreement, the rights, licenses and immunities granted by FASL hereunder to Parent (and the
definition of FASL Licensed Patents included in such grant) shall exclude Licensed Patents of any FASL Non-Semiconductor Group. No FASL
Non-Semiconductor Group may exercise the rights, licenses and immunities granted hereunder to FASL for Licensed Products, except with respect to Licensed
Products that are made by or for the FASL Semiconductor Group or a Subsidiary sublicensed hereunder.
4. IMMUNITY FOR CUSTOMERS AND USERS
4.1 Grant of Immunity by FASL. The licenses granted to Parent pursuant to Section 3 shall include immunity for (and FASL hereby covenants not to
sue) the resellers, distributors, users and other customers, direct or indirect, of Parent for Licensed Products made, imported, sold, offered for sale, leased or
otherwise disposed of by or for or on behalf of Parent as set forth herein (whether such products are used, imported, sold, offered for sale, leased or otherwise
disposed of alone or in combination with other products or services, although such immunity will not extend to any such combinations or parts of such other
products or services other than the Licensed Products). With respect to products made by Parent on a foundry basis where a customer engages Parent as a
foundry to make products for resale in the semiconductor merchant market by such customer based on designs, logic and/or specifications of such customer, the
immunities granted to such customer pursuant to this Section 4 shall extend only to any Parent materials, information or technology supplied to such customer or
incorporated in such products, or the process or method used to make such products. For purposes of clarification, the foregoing shall not affect in any way the
licenses and immunities granted to Parent and its resellers, distributors, users and other customers (to the extent such other customers are not engaging Parent as a
foundry as described above), direct or indirect, by this Agreement, including Sections 3 and 5 and this Section 4. The sale or other disposition to resellers,
distributors, users and other customers, direct or indirect, of products by Parent does not convey any license or immunity, by implication, estoppel, or otherwise,
to such resellers, distributors, users and other customers, direct or indirect, under Patent claims covering combinations of such products with other devices or
elements.
4.2 Grant of Immunity by Parent. The licenses granted to FASL pursuant to Section 3 shall include immunity for (and Parent hereby covenants not to
sue) the resellers, distributors, users and other customers, direct or indirect, of FASL for Licensed Products made, imported, sold, offered for sale, leased or
otherwise disposed of by or for or on behalf of FASL as set forth herein (whether such products are used, imported, sold, offered for sale,
9
Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request.
Omissions are designated as ****. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005