If a company purchases product X from a Party and product Y from a non-Party, then that company is a Customer with respect to product X but not with respect to product Y). Customer is an end-user of a Partys Product, but only to the extent of such use (for example, without limitation, Without limitation, targets, shields, and the like). On a continual basis, during the operation of a product (for example, without limitation, process gasses) or are expected to be replaced periodically (but within a period of less than one year) throughout the life of the product (for example, Consumables means materials and components that either are expected to be consumed, in a period of less than one year, Of Novellus, its Subsidiaries, Suppliers or Distributors Infringe Applieds Patents directed at CMP technology. Applied CMP Claims means claims that any In addition to other terms defined herein, the following terms shall have the meanings set forth below: If a Definitive Agreement is reached, it shall extinguish and supersede this MOU.Īccordingly, the Parties hereto agree as follows:ĭefinitions. Writing, with the understanding that if a Definitive Agreement is not entered into by that date, this MOU shall be and remain legally binding between the Parties. To enter into a definitive agreement implementing this MOU (the Definitive Agreement) as soon as practicable, and no later than the close of business on September 24, 2004, unless an extension is agreed to by both Parties in Prior to either Party instituting Patent Infringement actions against the other Party, and (iv) protecting each Partys respective Customers, Suppliers and Distributors (each as defined below) from certain future Patent disputes that may arise Purposes of (i) resolving certain litigation, (ii) covenanting not to sue each other for Patent Infringement (as defined below) for specified periods and product categories, (iii) avoiding unnecessary future litigation by mandating cure periods Novellus and Applied (each a Party and collectively, the Parties) are entering into this MOU for the major ( Applied), as of the Effective Date (as defined below), with reference to the following facts:Ī. ( Novellus), and Applied Materials, Inc. THIS MEMORANDUM OF UNDERSTANDING (this MOU) is entered into between Novellus Systems, Inc.
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