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TESSERA CONFIDENTIAL
EXHIBIT 10.6
First Addendum to
Limited TCC(R) License Agreement
This First Addendum Agreement ("First Addendum") is entered into as of this 10th
day of March, 1997 (First Addendum Effective Date) between TESSERA, INC., a
corporation organized under the laws of Delaware ("Tessera") and AMKOR
ELECTRONICS, INC. a corporation organized under the laws of Pennsylvania
("Licensee") and modifies the Limited TCC License Agreement ("Agreement")
entered into by and between the parties having an Effective Date of 5/9/96 with
reference to the following facts:
I. SUPPLEMENT TO THE AGREEMENT: This First Addendum merely supplements
certain provisions of the Agreement. All provisions, including
Definitions, contained within the Agreement are therefore incorporated
herein. In the event any of the provisions Agreement and this First
Addendum conflict, the provisions contained in this First Addendum shall
supersede the conflicting provisions an the Agreement.
II. DEFINITIONS:
A. The term "Tessera Trademarks" includes, for the purposes of this
Agreement, the following Tessera marks: COMPLIANT CHIP, TCC, uBGA and the
TESSERA BLOCK LOGO as shown below:
[TESSERA BLOCK LOGO]
B. The term "Material Modifications" means any modification other than a
purely aesthetic modification.
II. TRADEMARK LICENSE:
A. License to Tessera Trademarks. Subject to the terms and conditions set
forth within this Agreement and Licensee's agreement to the provisions
hereof including all attachments hereto, Tessera hereby grants Licensee a
non-exclusive, non-transferable, non-sublicensable, non-royalty bearing
license to use the Tessera Trademarks on printed materials for the
marketing and promotion of TCC and related IC packages. This license of
the Tessera Trademarks shall continue for the life of any TCC and related
IC packages that the Tessera Trademarks are used to market or promote at
the termination of the Agreement. Licensee agrees that it will do nothing
inconsistent with Tessera's ownership of the Tessera Trademarks and that
all use of the Tessera Trademarks by Licensee shall inure to the benefit
of and be on behalf of Tessera. Licensee further agrees that nothing in
this Agreement shall give Licensee any right, title or interest in the
Tessera Trademarks other than the right to use the Tessera Trademarks in
accordance with this First Addendum for the marketing and promotion of TCC
and related IC packages.
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TESSERA CONFIDENTIAL
B. Consent. Licensee agrees that prior to using any Tessera Trademark in the
marketing or promotion of TCC and related IC packages, Licensee shall
obtain Tessera's consent for each use of a Tessera Trademark, but only as
to the first use in a particular marketing or promotional item. Material
Modifications to a marketing or promotional item subsequent to Tessera's
consent shall require a new consent from Tessera.
C. Form of Use. All of the Tessera Trademarks are federally registered by the
U.S. Trademark Office. As such, Licensee shall use the "(R)" symbol
adjacent the Tessera Trademarks in all titles and headings and other
prominent uses of the Tessera Trademarks and shall also use its best
efforts to use the "(R)" symbol on at least the first and most obvious use
of each Tessera Trademark within the text of any printed material.
Each such marketing or promotional item shall further contain the
following text: "_____________ (List of the Tessera Trademarks used in the
marketing item) are registered trademarks of Tessera, Inc." or a suitable
variant thereof to account for a singular use of a Tessera Trademark.
Further, Licensee shall use its best efforts to use the Tessera Trademarks
as modifiers in conjunction with generic nouns, e.g. the uBGA(R) package.
IV. ENTIRE UNDERSTANDING: This First Addendum embodies the entire
understanding between the parties relating to the subject matter hereof
whether written or oral, and there are no prior representations,
warranties or agreements between the parties not contained in this First
Addendum. Any amendment or modification of any provision of this First
Addendum must be in writing, dated and signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this First
Addendum as of the date first above written.
TESSERA, INC. AMKOR ELECTRONICS, INC.:
By: /s/ XXXX X. XXXXX By: /s/ XXX XXXXXXX
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Print Name: Xxxx X. Xxxxx Print Name: Xxx Xxxxxxx
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Title: President Title: Vice President Corp. Mktg.
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Date: 3-10-97 Date: 3/5/97
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