AMENDMENT NO.1 TO THE PATENT LICENSE AGREEMENT
AMENDMENT
NO.1
TO
THE
This AMENDMENT NO. 1 TO THE PATENT
LICENSE AGREEMENT, dated and effective as of March 26, 2009 (this "Amendment"),
is entered into by and among Yinlips Digital Technology (Shenzhen) Co., Ltd.
(“Licensee”) and Xxxx Xxxxxx (“Licensor”). Licensee and Licensor are
collectively referred to herein as the “Parties.” Terms not defined in this
Amendment shall have such meanings as set forth in the Agreement (as defined
below).
WITNESSETH:
WHEREAS, the Parties entered into that
certain Patent License Agreement dated as of October 4, 2008 (the
“Agreement”);
WHEREAS, the Parties desire to amend
the Agreement by entering into this Amendment; and
WHEREAS, Article 13.2 of the Agreement
permits the parties to amend the Agreement only by a written instrument executed
by the Parties.
NOW, THEREFORE, for good and valuable
consideration and in consideration of the respective representations,
warranties, covenants and agreements set forth in the Agreement, the parties
hereby agree to amend the Agreement as follows:
AGREEMENT:
1. Recital
A of the Agreement is hereby amended and restated in its entirety as
follows:
A. Party A is the owner of
certain patents listed in Schedule A attached hereto which may have
applicability to Party B’s digital products;
2. Article
3 of the Agreement is hereby amended and restated in its entirety as
follows:
The patented technology under this
Agreement refers to the certain patents listed in Schedule A attached
hereto.
3. Schedule
A to the Agreement is hereby attached hereto.
4. Except
as amended herein, the Agreement shall remain in full force and
effect.
5. This
Amendment may be executed in any number of facsimile counterparts, each of which
shall be an original, but which together constitute one and the same
instrument. This Amendment may be executed and delivered by
facsimile.
[SIGNATURE
PAGE FOLLOWS]
1
IN WITNESS WHEREOF, each of the parties
hereto has executed this Amendment as of the date first set forth
above.
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LICENSOR:
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/s/
Xxxx Xxxxxx
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Xxxx
Xxxxxx
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LICENSEE:
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[Seal
of the Company]
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Yinlips
Digital Technology (Shenzhen) Co.,
Ltd.
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2
SCHEDULE
A
PATENTED
TECHNOLOGY
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No.
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Name
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Patent No. /
Application No.
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Patent Application
Date
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Remarks
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||||
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1
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Digital photo
frame
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ZL 2006 3
0018829.0
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September 16,
2006
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Industrial
design;
awarded in
China
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||||
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2
|
MP3 player
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ZL
200730173651.1
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September 14, 2007
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Industrial
design;
awarded in
China
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||||
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3
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Multimedia
Player
( YDP116 )
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200830102244.6
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March 5,
2008
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Industrial design;
under
application in
China
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||||
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4
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Multimedia
Player
( YDPG70 )
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200830102243.1
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March 5,
2008
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Industrial design;
under
application in
China
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||||
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5
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Key structure
of
digital
player
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200820094999.0
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June 27,
2008
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Utility model;
under
application in
China
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||||
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6
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Multimedia
Player
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200830104856.9
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July
9, 2008
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Industrial
design; under
application
in
China
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3
