AMD 2006 Annual Report Download - page 199

EXECUTION VERSION
(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 and conditions 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 and Pre-T0 Information (excluding
High Sensitivity Pre-T0 Information) 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.
The following Pre-T0 Information (excluding High Sensitivity Pre-T0 Information) and/or information from the “S” Process Development Project may be
disclosed by IBM and AMD to their customers, or as AMD provides in the course of exercising its licenses under Section 8.7 and 8.17, solely for the
purpose of enabling sales of Integrated Circuits embodying the Specific Results to such customers and to their contractors for the purpose of enabling a
Party to exercise its rights under this Section 7.6. Each of the disclosing Parties will have a written confidentiality agreement in place with its customers
respectively having a term of confidentiality of five years from the date of disclosure and limiting the use of such information to the purpose set forth
herein:
- 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
- simplified process flow (indicative of rough number of process and mask steps)
- design manual
- device models
- checking decks
- electrical characterization / model information
- model to hardware comparisons.
- reliability data and specifications
- eDRAM soft error rate data and specifications
- eDRAM test methodology
7.7 As set forth in Section 8.1, AMD has the right to utilize one or more aspects of Bulk CMOS or Industry Standard Information in their development of the
Derivative Process. AMD shall have the right to disclose and sublicense as specified in Section 8 such
Third Amendment and Restatement of “S” Process Development Agreement between AMD and IBM
IBM - AMD Confidential Page 31 of 90
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2007