EXHIBIT 10.8.4
[XXXXXX]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED PURSUANT TO AN
ORDER GRANTING CONFIDENTIAL TREATMENT ISSUED BY THE SECURITIES AND EXCHANGE
COMMISSION ON JUNE 29, 1998.
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").
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IN WITNESS WHEREOF, the parties have executed this Fourth Addendum as of June
_________, 1998.
NINTENDO CO., LTD. NINTENDO OF AMERICA, INC.
By /s/ illegible By /s/ illegible
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Title Title
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SILICON GRAPHICS, INC. MIPS TECHNOLOGIES, INC.
By /s/ illegible By /s/ illegible
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Title Title
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