Amendment to License Agreement between IBM and IBIS Technology Corporation (November 14, 2002)
This amendment updates the existing license agreement between International Business Machines Corporation (IBM) and IBIS Technology Corporation. It revises the definition of the licensed process to include both the original and enhanced processes for implanting silicon wafers with oxygen, as well as additional patents and patent applications. The amendment is effective as of November 14, 2002, and all other terms of the original agreement remain unchanged. Both parties have agreed to these modifications.
Exhibit 10.31
License Reference No. L004001
AMENDMENT (Amendment) dated as of November 14, 2002 to the Agreement with an Effective Date of December 15, 2000 (hereinafter referred to as the Agreement) by and between INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (IBM), and IBIS TECHNOLOGY CORPORATION, a Massachusetts corporation (IBIS).
WHEREAS IBIS and IBM are entering into an agreement dated November 14, 2002, defining the joint development by IBIS and IBM of an enhanced process for implanting silicon wafers with oxygen and annealing such wafers (Joint Development Agreement); and
WHEREAS IBIS and IBM are entering into an Amended and Restated License Agreement dated November 14, 2002, wherein IBM is licensing IBIS under certain know-how and other rights related to IBMs proprietary process for implanting silicon wafers with oxygen as practiced at its East Fishkill, NY, location, and IBIS is granting certain rights to IBM; and
WHEREAS IBIS and IBM wish to amend the Agreement;
NOW THEREFORE IBIS and IBM agree to amend the Agreement as follows:
1) Delete section 1.2 in its entirety and replace with the following:
1.2 Licensed Process shall mean the process for implanting silicon wafers with oxygen and annealing, as practiced for commercial production in IBMs East Fishkill, NY, facility on December 15, 2000, referred to within IBM as Routes 7N00, 7V00, 7A00 and 2V00; and shall further include the Enhanced Process as defined in the Joint Development Agreement.
2) In section 1.3, delete Effective Date and insert in its place November 14, 2002.
3) In section 1.3, after U.S. Patent 5,930,643 insert: and further includes the issued patents and patents issuing on the patent applications listed in Exhibit A hereto
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This Amendment shall be effective as of November 14, 2002.
Except as amended by this Amendment, all the rights, obligations and liabilities of the parties under the Agreement shall otherwise remain in full force and effect as set out therein.
Agreed to: |
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IBIS TECHNOLOGY CORPORATION |
| INTERNATIONAL BUSINESS MACHINES CORPORATION | ||||||||
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By: | /s/ Martin J. Reid |
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| By: | /s/ Gerald Rosenthal |
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| Martin J. Reid |
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| Gerald Rosenthal |
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| CEO |
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| Vice President |
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Date: | November 14, 2002 |
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| Date: | November 21, 2002 |
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EXHIBIT A
IBM Licensed Patents shall include the following issued patents and patents issuing on the following patent applications:
Patent Number |
| Issue Date |
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US 6,043,166 |
| March 28, 2000 |
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US 6,090,689 |
| July 18, 2000 |
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US 6,204,546 |
| March 20, 2001 |
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US 6,222,253 |
| April 24, 2001 |
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US 6,259,137 |
| July 10, 2001 |
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US Patent Application Serial No. |
| Filing Date |
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09/861593 |
| May 21, 2001 |
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10/185580 |
| June 28, 2002 |
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09/861596 |
| May 21, 2001 |
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09/861594 |
| May 21, 2001 |
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09/884670 |
| June 19, 2001 |
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10/055139 |
| Jan. 23, 2002 |
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10/122009 |
| April 11, 2002 |
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10/200822 |
| July 22, 2002 |
END OF EXHIBIT A
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