EXHIBIT 10.7.4
[XXXXXX]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO
THE OMITTED PORTIONS.
FOURTH ADDENDUM TO
JOINT DEVELOPMENT AND LICENSE AGREEMENT
Nintendo Co., Ltd. ("NCL"), Nintendo of America Inc. ("NOA") (NCL and NOA
are referred to collectively as "Company"); and Silicon Graphics, Inc. and MIPS
Technologies, Inc. (Collectively referred to as "SGI"), have agreed to enter
into this Fourth Addendum to Joint Development and License Agreement, which
modifies the "Joint Development and License Agreement" dated August 20, 1993, as
supplemented by the "First Addendum to Joint Development and License Agreement"
dated February 5, 1994; the "Second Addendum to Joint Development and License
Agreement" dated February 21, 1996; and the "Third Addendum to Joint Development
and License Agreement" dated June 12, 1996 (collectively, the "Agreement").
1. Section 14.6 of the Agreement is modified as it relates to ownership
of certain rights in the Mask Work by adding underlined words and deleting
certain stricken-out words as indicated below:
14.6 Microcode/Libraries, Coprocessor Command Set, Coprocessor
Microinstruction Set, and Mask Work. SGI will deliver to Company the
Microcode/Libraries, in source code and object code forms, the
Microcode/Libraries development environment, and documentation of the
Coprocessor Command Set and the Coprocessor Microinstruction Set, at a time to
be mutually agreed upon in writing by SGI and Company. SGI and Company
acknowledge and agree that (a) xxxxxxxxxxxxxxxx and (d) all Development
Technology incorporated in the Microcode/Libraries, Coprocessor Command Set,
Coprocessor Microinstruction set, and the Mask Work shall be subject to the
provisions of Section 6.4 and 6.5 applicable to the Developed Technology.
Company hereby grants to SGI a paid-up, nonexclusive, irrevocable, worldwide
license to duplicate, distribute, modify, enhance, sublicense and otherwise use
or exploit the Microcode/Libraries, the Coprocessor Command Set, the Coprocessor
Microinstruction Set, the Mask Work and the Development Environment; subject
only to the provisions of Sections 6.4, 6.5, 14.8 and 14.9.
2. Company and SGI further agree that this Fourth Addendum is effective
retroactively as of February 21, 1996 (the "Effective Date").
IN WITNESS WHEREOF, the parties have executed this Fourth Addendum as of
June _________, 1998.
NINTENDO CO., LTD. NINTENDO OF AMERICA, INC.
By ______________________ By ___________________
Title __________________ Title_________________
SILICON GRAPHICS, INC. MIPS TECHNOLOGIES, INC.
By ______________________ By ___________________
Title __________________ Title_________________
