This Second Supplemental Patent License Agreement is made on October 11, 2004 between:
Exhibit 4.45
This Second Supplemental Patent License Agreement is made on October 11, 2004 between:
| (1) | ChipMOS TECHNOLOGIES (Bermuda) LTD., a company organized under the laws of Bermuda (the “Licensor”); and |
| (2) | ChipMOS TECHNOLOGIES INC., a company incorporated under the laws of the Republic of China (the “Licensee”). |
Whereas
| (A) | The Licensor and the Licensee have entered into the Patent License Agreement dated as of April 7, 2004 (the “Patent License Agreement”), pursuant to which the Licensor grants the Licensee a non-exclusive royal-bearing license with respect to certain patents and patent applications until the expiration of the term of the last of these patents. |
| (B) | The Licensor and the Licensee have entered into the Supplemental Patent License Agreement dated as of July 8, 2004 (the “First Supplemental Patent License Agreement”). |
| (C) | This Second Supplemental Patent License Agreement is supplemental to the Patent License Agreement and the First Supplemental Patent License Agreement. |
NOW, THEREFORE, it is agreed by the parties hereto as follows:
| 1 | Definitions |
Capitalised terms used in this Second Supplemental Patent License Agreement but not defined herein shall have the meanings given to them in the Patent License Agreement.
| 2 | Incorporation by Reference |
Except as otherwise provided herein, the terms of the Patent License Agreement shall apply to this Second Supplemental Patent License Agreement as if they were set out herein and the Patent License Agreement shall be read and construed as one document with this Second Supplemental Patent License Agreement.
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| 3 | Amendment to Patent License Agreement |
Article 3.2 of the Patent License Agreement shall be deleted and replaced with the following:
“Time of Payment. The royalty shall be payable to Licensor by Licensee in United States dollars in 80 quarterly instalments in arrears, each instalment in an amount of US$250,000. The first instalment shall be made on December 30, 2004 and the remaining instalments shall be made every three months thereafter. All payments shall be made to such address as Licensor may form time to time designate.”
IN WITNESS WHEREOF, this Second Supplemental Patent License Agreement has been executed as of the day and year first above set forth.
| ChipMOS TECHNOLOGIES (Bermuda) LTD. | ||
| By: |
/s/ Shih-Xxx Xxxxx | |
| Name: |
Shih-Xxx Xxxxx | |
| Title: |
Chairman & CEO | |
| ChipMOS TECHNOLOGIES LTD. | ||
| By: |
/s/ Shih-Xxx Xxxxx | |
| Name: |
Shih-Xxx Xxxxx | |
| Title: |
Chairman | |
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