Common use of Have Made Rights Clause in Contracts

Have Made Rights. (a) Each Party’s rights to have Licensed Products manufactured for it by third parties under the licenses granted under Sections 3.1 and 3.2 above shall apply only when (i) the designs, specifications and working drawings (individually and collectively “Product Specifications”) for the manufacture of such a product to be manufactured by such third party are furnished to the third party manufacturer by the Party licensed under this Agreement (“Licensed Party”) and (ii) the Product Specifications are not originally provided by the third party manufacturer to the Licensed Party unless the Licensed Party also has unrestricted ownership of such design. (b) The parties understand and acknowledge that a Party’s Licensed Products may consist of software, and that software is often distributed to end users by providing a single master copy of such software to a distributor, replicator, VAR, OEM or other agent and authorizing such agent to reproduce such software in substantially identical form and distribute it as a product of the providing Party. Accordingly, the parties agree that the licenses granted in this Section 3 are intended to apply to the reproduction and subsequent distribution, as a product of the providing Party, of such software Licensed Products in substantially identical form by such authorized agent. (c) Upon written request of the Party to this Agreement that grants the relevant license to the Licensed Party (“Requesting Party”), the Licensed Party shall, within thirty (30) days of receiving such request, inform the Requesting Party in writing whether, and if so to what extent, any manufacturer identified by the Requesting Party is manufacturing any Licensed Product for the Licensed Party pursuant to the “have made” rights granted under this Agreement.

Have Made Rights. (a) Each Party’s rights to have Licensed Products manufactured for it by third parties under the licenses granted under Sections 3.1 and 3.2 above shall apply only when (i) the designs, specifications and working drawings (individually and collectively “Product Specifications”) for the manufacture of such a product to be manufactured by such third party are furnished to the third party manufacturer by the Party licensed under this Agreement (“Licensed Party”) and (ii) the Product Specifications are not originally provided by the third party manufacturer to the Licensed Party unless the Licensed Party also has unrestricted ownership of such design. (b) The parties understand and acknowledge that a Party’s Licensed Products may consist of software, and that software is often distributed to end users by providing a single master copy of such software to a distributor, replicator, VAR, OEM or other agent and authorizing such agent to reproduce such software in substantially identical form and distribute it as a product of the providing Party. Accordingly, the parties agree that the licenses granted in this Section 3 are intended to apply to the reproduction and subsequent distribution, as a product of the providing Party, of such software Licensed Products in substantially identical form by such authorized agent. (c) Upon written request of the Party to this Agreement that grants the relevant license to the Licensed Party (“Requesting Party”), the Licensed Party shall, within thirty (30) days of receiving such request, inform the Requesting Party in writing whether, and if so to what extent, any manufacturer identified by the Requesting Party is manufacturing any Licensed Product for the Licensed Party pursuant to the “have made” rights granted under this Agreement. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Have Made Rights. (a) Each Party’s The rights granted to any Licensed Party to have Licensed Products manufactured products made for it by third parties Persons under the licenses granted under Sections 3.1 and 3.2 above shall apply only when (i) the designs, designs and specifications and working drawings (individually and collectively collectively, “Product Specifications”) for the manufacture of such a product products are furnished in substantially completed form to be manufactured such third Person by the Licensed Party and the products are made by such third party are furnished to Person for the third party manufacturer by the Party licensed under this Agreement (“Licensed Party”) and (ii) the Product Specifications are not originally provided by the third party manufacturer to account of the Licensed Party unless and not for the Licensed Party’s resale back to, or on behalf of, such third Person or any Affiliate of such third Person. For clarity, the have-made rights set forth in this Section 3.3(a) shall not extend to any standard, off-the-shelf product of any third Person or to products originally designed by any such third Person manufacturer to which only insubstantial revisions are made to conform to the specifications of the Licensed Party also has unrestricted ownership and sold to such Licensed Party by such third Person manufacturer. For further clarity, the foregoing sentence shall not be construed to mean that a third party standard component that is acquired by a Party for inclusion in a Licensed Product of such designParty is itself necessarily excluded from the definition of Licensed Product. (b) The parties Parties understand and acknowledge that a Party’s Licensed Products may consist of comprise software, and that software is often distributed to end users by providing a single master copy of such software to a distributor, replicator, VAR, OEM or other agent and authorizing such agent to reproduce such software in substantially identical form and distribute it as a product of the providing Party. Accordingly, [****] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the parties Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Confidential treatment has been requested with respect to the omitted portions. INTEL & AMD CONFIDENTIAL the Parties agree that the licenses granted in this Section 3 are intended to apply to the reproduction and subsequent distribution, as a product of the providing Party, of such software Licensed Products in substantially identical form by any such authorized agent. (c) Upon written request of the Party to this Agreement that grants the relevant license to the Licensed Party (“Requesting Party”) to the other Party (the Receiving Party”), the Licensed Receiving Party shall, within thirty (30) 30 days of receiving such request, inform the Requesting Party in writing whether, and if so to what extent, any manufacturer identified by the Requesting Party is manufacturing (or reproducing, in the case of a Licensed Product that consists of software) any Licensed Product for the Licensed Receiving Party or for any Receiving Party Subsidiary pursuant to the “have made” rights granted under this Agreement. (d) Notwithstanding anything herein to the contrary, a Party (the “Licensing Party”) shall have the limited right to suspend the other Party’s rights to have Licensed Products manufactured for it by a third Person, pursuant to the licenses granted under Sections 3.1 and 3.2, if: (1) [****], and (2) [****].

Have Made Rights. (a) Each Party’s party's rights to have Licensed Products manufactured for it by third parties under the licenses granted under Sections 3.1 and 3.2 above shall apply only when (i) the designs, specifications and working drawings (individually and collectively “Product Specifications”) for the manufacture of such a product the Licensed Product to be manufactured by such third party are furnished to the third party manufacturer by the Party party licensed under this Agreement (“"Licensed Party”) and (ii) the Product Specifications are not originally provided by the third party manufacturer to the Licensed Party unless the Licensed Party also has unrestricted ownership of such design"). (b) The parties understand and acknowledge that a Party’s party's Licensed Products may consist of software, and that software is often distributed to end users by providing a single master copy of such software to a distributor, replicator, VAR, OEM or other agent and authorizing such agent to reproduce such software in substantially identical form and distribute it as a product of the providing Partyform. Accordingly, the parties agree that the licenses granted in this Section 3 are intended to apply to the reproduction and subsequent distribution, as a product of the providing Party, distribution of such software Licensed Products in substantially identical form by such authorized agent. (c) Upon written request of the Party party to this Agreement that grants the relevant license to the Licensed Party (“"Requesting Party”"), the Licensed Party shall, within thirty (30) 30 days of receiving such request, inform the Requesting Party in writing whether, and if so to what extent, any manufacturer identified by the Requesting Party is manufacturing any Licensed Product for the Licensed Party pursuant to the “"have made” " rights granted under this Agreement.

Have Made Rights. (a) Each Party’s party's and its sublicensee's rights to have Licensed Products products manufactured for it by third parties under the licenses and sublicenses granted under Sections 3.1 3 and 3.2 4 above shall apply only when (i) the designs, specifications and working drawings (individually and collectively “Product Specifications”) for the manufacture of such a product products to be manufactured by such third party are furnished to the third party manufacturer by the Party party licensed under this Agreement (“"Licensed Party”) and (ii) the Product Specifications are not originally provided by the third party manufacturer to the Licensed Party unless the Licensed Party also has unrestricted ownership of such design"). (b) The parties understand and acknowledge that a Party’s Intel's Licensed Products may consist of software, and that software is often distributed to end users by providing a single master copy of such software to a distributor, replicator, VAR, OEM or other agent and authorizing such agent to reproduce such software in substantially identical form and distribute it as a product of the providing Partyform. Accordingly, the parties agree that the licenses granted in this Section Sections 3 and 4 are intended to apply to the reproduction and subsequent distribution, as a product of the providing Party, distribution of such software Licensed Products in substantially identical form by such authorized agent. (c) Upon written request of the Party party to this Agreement that grants the relevant license to the Licensed Party (“"Requesting Party”"), the Licensed Party shall, within thirty (30) 30 days of receiving such request, inform the Requesting Party in writing whether, and if so to what extent, any manufacturer identified by the Requesting Party is manufacturing any Licensed Product product for the Licensed Party pursuant to the “"have made” " rights granted under this Agreement. (d) To the extent that Intel acts a foundry for third parties (i.e., by providing manufacturing services for a third party for such third party's Integrated Circuit products), Intel shall be licensed pursuant to this Agreement under any Rambus Patents on semiconductor manufacturing processes or methods.