This patent license agreement among parties wishing adopt Open Specifi

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This patent license agreement among parties wishing adopt Open Specifi

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ADOPTER'S AGREEMENT
This patent license agreement among parties wishing adopt Open Specification ATTACHMENT ADOPTER'S AGREEMENT Definitions "Promoter" National Semiconductor Corporation Affiliates. "Adopter" entity named this Agreement. "Fellow Adopters" Promoter Adopters have executed identical counterpart this Agreement delivered Promoter. "Affiliate" entity that directly indirectly Controls, Controlled under common Control with another entity, long such Control exists. "Control" means beneficial ownership more than fifty percent voting stock equity entity. "Necessary Claims" means those claims, only those claims, patents patent applications, other than design patents design registrations, throughout world under which Promoter Adopter, applicable, Affiliates right grant licenses scope granted herein without such grant exercise rights thereunder resulting payment royalties other consideration third parties (except payments Affiliates) which read Specification, where such claims would infringed compliance with Specification where such infringement could have been avoided alternate method. Necessary Claims shall include, license shall apply implementation examples form. "Specification" specification entitled "Open Specifications" authored published Promoter updates thereto issued Promoter
Covenants Grants Licenses. Upon Promoter's Adopter's execution this Agreement, following license granted Promoter Adopter Adopter Fellow Adopters (including Promoter), grants Fellow Adopters shall extend Adopter. each case, Fellow Adopter Affiliates granting license referred "Licensor." Upon declaration Promoter final revision text Specification, Licensor grants Promoter Affiliates each Fellow Adopter Affiliates non-exclusive, royalty-free, non-transferable, paid perpetual, non-sublicensable, worldwide license under Necessary Claims make, have made, use, import, offer sell sell otherwise distribute interface portions products, whether hardware, software, some combination hardware software, which implement fully comply with Specification long interface portion licensee's product fully compliant with such Specification; provided that such license shall extend features product which required comply with Specification. Acceptance Licenses. Adopter hereby accepts Licenses granted hereunder. Withdrawal. Adopter withdraw time providing written notice Promoter. effect such withdrawal that licenses granted withdrawing Adopter, with respect Specification updates thereto existing date withdrawal, shall continue full force shall extend entities become Adopters their Affiliates customers provided license even after such withdrawal. Further, licenses granted such Adopter shall continue apply with respect Specification updates issued Promoter more than sixty (60) days prior date withdrawal. license shall deemed granted received such Adopter revision Specification adopted less than sixty (60) days prior time after date such withdrawal
4/19/99
ADOPTER'S AGREEMENT
Trademarks. Adopter (including Affiliates) shall obtain trademark registration term, "VICI", "Video Interface Consortium International", "Open LDI", "Open LVDS Display Interface" "LDI" without allowing Fellow Adopters such terms provided herein. Adopter Affiliates hereby agree assert against Fellow Adopter trademark trade name rights they have hereafter name "Low Voltage Differential Swing Display Interface", "Video Interface Consortium International" "VICI", available name logo adopted Promoter with Specification, provided Adopter does notify Promoter writing that such rights within thirty (30) days receipt Promoter's written notice such proposed available name logo. Adopter shall notify Promoter believes possesses such rights. Adopter Affiliates will only name(s) logo(s) specifically adopted authorized Promoter refer Specification products which fully comply with Specification. General Other Licenses. Adopter neither grants receives license right trademark, tradename, copyright, maskwork hereunder. Except rights expressly provided this Agreement, Adopter neither grants receives, implication, estoppel, otherwise, rights under patents other intellectual property rights. Warranty. Adopter acknowledges that Specification provided WITH WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED STATUTORY, INCLUDING, LIMITED WARRANTY MERCHANTABILITY, NONINFRINGEMENT, FITNESS PARTICULAR PURPOSE, WARRANTY OTHERWISE ARISING PROPOSAL, SPECIFICATION, SAMPLE. Limitation liability. EVENT WILL PROMOTER ADOPTER LIABLE PROMOTER OTHER ADOPTER LOSS PROFITS, LOSS USE, INCIDENTAL, CONSEQUENTIAL, INDIRECT SPECIAL DAMAGES ARISING THIS AGREEMENT, WHETHER SUCH PARTY ADVANCE NOTICE POSSIBILITY SUCH DAMAGES. FURTHER, WARRANTY REPRESENTATION MADE IMPLIED RELATIVE VALIDITY ENFORCEABILITY PATENT LICENSED HEREUNDER, RELATIVE FREEDOM FROM INFRINGEMENT THIRD PARTY PATENTS WHEN PRACTICING SPECIFICATIONS WITHIN SCOPE LICENSED PATENT. Governing Law. This Agreement shall construed controlled laws California, without giving effect conflicts provisions. litigation arising this Agreement shall take place California, parties irrevocably consent jurisdiction state Federal courts there. Partners. Adopter understands that Promoter Adopters independent companies partners joint venturers with each other. party authorized make commitment behalf other. Complete Agreement. This Agreement sets forth entire understanding agreement between Adopters Promoter supersedes prior agreements understandings relating hereto. modifications additions deletions from this Agreement shall binding unless accepted writing authorized representative parties. Assurance Authority. Adopter represents warrants that authority enter into execute this Agreement, more participating Affiliates, bind such participating Affiliates. Adopter such participating Affiliate(s), Adopter will specify writing participating Affiliates that will benefit from affected this Agreement. Counterparts. This Agreement executed more counterparts, each which shall deemed original, which together shall constitute single instrument. Effective Date. This Agreement shall legally binding when: Promoter signed Agreement, Adopter signed Agreement, Agreement been received overnight courier attention Promoter
Notices. notices under this Agreement shall sent
4/19/99
ADOPTER'S AGREEMENT
Promoter: National Semiconductor Corporation 2900 Semiconductor Drive A2-585 Santa Clara, 95051 Attn: Mitch Abbey FAX: (408) 737-7218 Adopter: Promoter: Adopter:
Name: Title: Date: Participating Affiliates
Name: Title: Date:
4/19/99

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