EXHIBIT 10.7.4
FOURTH ADDENDUM TO
JOINT DEVELOPMENT AND LICENSE AGREEMENT
Nintendo Co., Lt. ("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
modified 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) the Developed Technology is implemented in part
in each of the Microcode/Libraries, the Coprocessor Command Set, the Coprocessor
Microinstruction Set, and the Mask Work; (b) subject to SGI's rights in the
Licensed Background Technology embodied in the ----- of them, Company shall own
any and all copyrights in the Microcode/Libraries, the Coprocessor Command Set,
the Coprocessor Microinstruction Set, the developer's Manual and the Development
Environment; (c) subject to SGI's rights in the Licensed Background Technology
embodied in the Processor, Nitendo Co., Ltd. Shall solely own the mask work
rights in the Mask Work; and (d) all Development Technology incorporated in the
Microcode/Libraries, Coprocessor Command Set, Coprocessor Microconstruction 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
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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 ___________________
