Common use of Foundry Services License Clause in Contracts

Foundry Services License. Subject to the terms and conditions of this Section 3.2, Samsung grants Spansion and its Subsidiaries a non-exclusive, non-transferrable, irrevocable, worldwide, fully paid-up, perpetual license under the Samsung Licensed Patents to make Logic Devices, but not Memory Devices, for third parties that are designed (or designed in part) and sold by such third parties as their own products (i.e., the Logic Device bears the commercial indicia or trademark of such third party), provided, however, that such license extends only to claims of Licensed Patents covering either (1) a process for manufacturing, assembling or testing a Logic Device (as opposed to data processing used by a Logic Device in its operation, for example), or (2) a circuit or transistor structure within the Logic Device (but not the entirety of the Logic Device) that is (a) designed by Spansion and (b) included as a standard cell in the standard cell library provided by Spansion in conjunction with its foundry services. Further, by way of clarification, while third party Logic Devices resulting from licensed foundry services are not Licensed Products, it is understood and agreed that Spansion’s licensed use of the Samsung Licensed Patents in the manufacture of, or Spansion’s designs incorporated in, such third party Logic Devices exhausts such Samsung Licensed Patents worldwide to the extent and only to the extent of such licensed activity with respect to such third party Logic Devices. Spansion acknowledges and agrees that except as expressly provided herein, this Section 3.2 shall not cover any manufacturing activities of Spansion on behalf of third parties for the primary purpose of obtaining rights under the Samsung Licensed Patents (i.e., patent laundering), including making or having made products based on designs owned by third parties.

Foundry Services License. Subject to the terms and conditions of this Section 3.24.2, Spansion grants Samsung grants Spansion and its Subsidiaries a non-exclusive, non-transferrable, irrevocable, worldwide, fully paid-up, perpetual license under the Samsung Spansion Licensed Patents to make Logic Devices, but not Memory Devices, for third parties that are designed (or designed in part) and sold by such third parties as their own products (i.e., the Logic Device bears the commercial indicia or trademark of such third party), provided, however, that such license extends only to claims of Licensed Patents covering either (1) a process for manufacturing, assembling or testing a Logic Device (as opposed to data processing used by a Logic Device in its operation, for example), or (2) a circuit or transistor structure within the Logic Device (but not [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. the entirety of the Logic Device) that is (a) designed by Spansion Samsung and (b) included as a standard cell in the standard cell library provided by Spansion Samsung in conjunction with its foundry services. Further, by way of clarification, while third party Logic Devices resulting from licensed foundry services are not Licensed Products, it is understood and agreed that SpansionSamsung’s licensed use of the Samsung Spansion Licensed Patents in the manufacture of, or SpansionSamsung’s designs incorporated in, such third party Logic Devices exhausts such Samsung Spansion Licensed Patents worldwide to the extent and only to the extent of such licensed activity with respect to such third party Logic Devices. Spansion Samsung acknowledges and agrees that except as expressly provided herein, this Section 3.2 4.2 shall not cover any manufacturing activities of Spansion Samsung on behalf of third parties for the primary purpose of obtaining rights under the Samsung Spansion Licensed Patents (i.e., patent laundering), including making or having made products based on designs owned by third parties.

Foundry Services License. Subject to the terms and conditions of this Section 3.24.2, Spansion grants Samsung grants Spansion and its Subsidiaries a non-exclusive, non-transferrable, irrevocable, worldwide, fully paid-up, perpetual license under the Samsung Spansion Licensed Patents to make Logic Devices, but not Memory Devices, for third parties that are designed (or designed in part) and sold by such third parties as their own products (i.e., the Logic Device bears the commercial indicia or trademark of such third party), provided, however, that such license extends only to claims of Licensed Patents covering either (1) a process for manufacturing, assembling or testing a Logic Device (as opposed to data processing used by a Logic Device in its operation, for example), or (2) a circuit or transistor structure within the Logic Device (but not the entirety of the Logic Device) that is (a) designed by Spansion Samsung and (b) included as a standard cell in the standard cell library provided by Spansion Samsung in conjunction with its foundry services. Further, by way of clarification, while third party Logic Devices resulting from licensed foundry services are not Licensed Products, it is understood and agreed that SpansionSamsung’s licensed use of the Samsung Spansion Licensed Patents in the manufacture of, or SpansionSamsung’s designs incorporated in, such third party Logic Devices exhausts such Samsung Spansion Licensed Patents worldwide to the extent and only to the extent of such licensed activity with respect to such third party Logic Devices. Spansion Samsung acknowledges and agrees that except as expressly provided herein, this Section 3.2 4.2 shall not cover any manufacturing activities of Spansion Samsung on behalf of third parties for the primary purpose of obtaining rights under the Samsung Spansion Licensed Patents (i.e., patent laundering), including making or having made products based on designs owned by third parties.. [*]

Foundry Services License. Subject to the terms and conditions of this Section 3.2, Samsung grants Spansion and its Subsidiaries a non-exclusive, non-transferrable, irrevocable, worldwide, fully paid-up, perpetual license under the Samsung Licensed Patents to make Logic Devices, but not Memory Devices, for third parties that are designed (or designed in part) and sold by such third parties as their own products (i.e., the Logic Device bears the commercial indicia or trademark of such third party), provided, however, that such license extends only to claims of Licensed Patents covering either (1) a process for manufacturing, assembling or testing a Logic Device (as opposed to data processing used by a Logic Device in its operation, for example), or (2) a circuit or transistor structure within the Logic Device (but not the entirety of the Logic Device) that is (a) designed by Spansion and (b) included as a standard cell in the standard cell library provided by Spansion in conjunction with its foundry services. Further, by way of clarification, while third party Logic Devices resulting from licensed foundry services are not Licensed Products, it is understood and agreed that Spansion’s licensed use of the Samsung Licensed Patents in the manufacture of, or Spansion’s designs incorporated in, such third party Logic Devices exhausts such Samsung Licensed Patents worldwide to the extent and only to the extent of such licensed activity with respect to such third party Logic Devices. Spansion acknowledges and agrees that except as expressly provided herein, this Section 3.2 shall not cover any manufacturing activities of Spansion on behalf of third parties for the primary purpose of obtaining rights under the Samsung Licensed Patents (i.e., patent laundering), including making or having made products based on designs owned by third parties.. [*]

Foundry Services License. Subject to the terms and conditions of this Section 3.2, Samsung grants Spansion and its Subsidiaries a non-exclusive, non-transferrable, irrevocable, worldwide, fully paid-up, perpetual license under the Samsung Licensed Patents to make Logic Devices, but not Memory Devices, for third parties that are designed (or designed in part) and sold by such third parties as their own products (i.e., the Logic Device bears the commercial indicia or trademark of such third party), provided, however, that such license [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. extends only to claims of Licensed Patents covering either (1) a process for manufacturing, assembling or testing a Logic Device (as opposed to data processing used by a Logic Device in its operation, for example), or (2) a circuit or transistor structure within the Logic Device (but not the entirety of the Logic Device) that is (a) designed by Spansion and (b) included as a standard cell in the standard cell library provided by Spansion in conjunction with its foundry services. Further, by way of clarification, while third party Logic Devices resulting from licensed foundry services are not Licensed Products, it is understood and agreed that Spansion’s licensed use of the Samsung Licensed Patents in the manufacture of, or Spansion’s designs incorporated in, such third party Logic Devices exhausts such Samsung Licensed Patents worldwide to the extent and only to the extent of such licensed activity with respect to such third party Logic Devices. Spansion acknowledges and agrees that except as expressly provided herein, this Section 3.2 shall not cover any manufacturing activities of Spansion on behalf of third parties for the primary purpose of obtaining rights under the Samsung Licensed Patents (i.e., patent laundering), including making or having made products based on designs owned by third parties.

Foundry Services License. Subject to the terms and conditions of this Section 3.24.2, Spansion grants Samsung grants Spansion and its Subsidiaries a non-exclusive, non-transferrable, irrevocable, worldwide, fully paid-up, perpetual license under the Samsung Spansion Licensed Patents to make Logic Devices, but not Memory Devices, for third parties that are designed (or designed in part) and sold by such third parties as their own products (i.e., the Logic Device bears the commercial indicia or trademark of such third party), provided, however, that such license extends only to claims of Licensed Patents covering either (1) a process for manufacturing, assembling or testing a Logic Device (as opposed to data processing used by a Logic Device in its operation, for example), or (2) a circuit or transistor structure within the Logic Device (but not the entirety of the Logic Device) that is (a) designed by Spansion Samsung and (b) included as a standard cell in the standard cell library provided by Spansion Samsung in conjunction with its foundry services. Further, by way of clarification, while third party Logic Devices resulting from licensed foundry services are not Licensed Products, it is understood and agreed that SpansionSamsung’s licensed use of the Samsung Spansion Licensed Patents in the manufacture of, or SpansionSamsung’s designs incorporated in, such third party Logic Devices exhausts such Samsung Spansion Licensed Patents worldwide to the extent and only to the extent of such licensed activity with respect to such third party Logic Devices. Spansion Samsung acknowledges and agrees that except as expressly provided herein, this Section 3.2 4.2 shall not cover any manufacturing activities of Spansion Samsung on behalf of third parties for the primary purpose of obtaining rights under the Samsung Spansion Licensed Patents (i.e., patent laundering), including making or having made products based on designs owned by third parties.