Qualcomm 2012 Annual Report Download - page 139

of a Nonstatutory Stock Option is transferred, no further transfer may be made of that portion of the Nonstatutory Stock
Option.
8. Option Not a Service Contract . This Option is not an employment or service contract and nothing in
this Agreement, the Grant Notice or the Plan shall be deemed to create in any way whatsoever any obligation on your
part to continue in the service of the Company or (if different) the Employer, or of the Company or the Employer to
continue your service with the Company or the Employer, as applicable. In addition, nothing in this Option shall obligate
the Company or any Participating Company, the Company's stockholders, Board, Officers or Employees to continue any
relationship which you might have as a Director or Consultant for the Company or any Participating Company, as
applicable.
9. Representations, Warranties, Covenants, and Acknowledgments . You hereby agree that in the
event the Company and the Company's counsel deem it necessary or advisable in the exercise of their discretion, the
issuance of the shares of Stock upon exercise of this Option may be conditioned upon you making certain
representations, warranties, and acknowledgments relating to compliance with applicable securities laws.
10. Code Section 409A
. For U.S. taxpayers, it is the intent that this Option as set forth in this Agreement
shall qualify for exemption from or comply with the requirements of Section 409A of the Code, and any ambiguities
herein will be interpreted to so qualify or comply. The Company reserves the right, to the extent the Company deems
necessary or advisable in its sole discretion, to unilaterally amend or modify this Agreement as may be necessary to
ensure that all payments provided for under this Agreement are made in a manner that qualifies for exemption from or
complies with Section 409A of the Code; provided, however, that the Company makes no representation that the
issuance of shares of Stock upon exercise of this Option provided for under this Agreement will be exempt from or
comply with Section 409A of the Code and makes no undertaking to preclude Section 409A of the Code from applying
to the issuance of shares of Stock upon exercise of this Option provided for under this Agreement. The Company will
have no liability to you or any other party if this Option, the delivery of shares of Stock upon exercise of this Option or
other payment hereunder that is intended to be exempt from, or compliant with, Code Section 409A, is not so exempt or
compliant or for any action taken by the Company with respect thereto.
11. Notices . Any notices provided for in this Agreement, the Grant Notice or the Plan shall be given in
writing and shall be deemed effectively given upon receipt or, in the case of notices delivered by the Company to you,
five (5) days after deposit in the United States mail, postage prepaid, addressed to you at the last address you provided to
the Company.
12. Data Privacy . You hereby explicitly and unambiguously consent to the collection, use and
transfer, in electronic or other form, of your personal data as described in this Agreement, the Grant Notice and any
other Option grant materials by and among, as necessary and applicable, the Participating Companies, for the
exclusive purpose of implementing, administering and managing your participation in the Plan.
You understand that the Company and/or the Employer may hold certain personal information about you,
including, but not limited to, your name, home address and telephone number, date of birth, social security or
insurance number or other identification number,
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