**Exhibit10.31**

 

License ReferenceNo.  L004001

 

 

AMENDMENT (“Amendment”) dated as of November 14, 2002to the Agreement with an Effective Date of December 15, 2000 (hereinafterreferred to as the “Agreement”) by and between INTERNATIONAL BUSINESS MACHINESCORPORATION, a New York corporation (“IBM”), and IBIS TECHNOLOGY CORPORATION, aMassachusetts corporation (“IBIS”).

 

WHEREAS IBIS and IBM are entering into an agreementdated November 14, 2002, defining the joint development by IBIS and IBM of anenhanced process for implanting silicon wafers with oxygen and annealing suchwafers (“Joint Development Agreement”); and

 

WHEREAS IBIS and IBM are entering into an Amended andRestated License Agreement dated November 14, 2002, wherein IBM is licensingIBIS under certain know-how and other rights related to IBM’s proprietaryprocess for implanting silicon wafers with oxygen as practiced at its EastFishkill, 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 theAgreement as follows:

 

1)  Deletesection 1.2 in its entirety and replace with the following:

 

—1.2 “Licensed Process” shall mean the process forimplanting silicon wafers with oxygen and annealing, as practiced forcommercial production in IBM’s East Fishkill, NY, facility on December 15,2000, referred to within IBM as Routes 7N00, 7V00, 7A00 and 2V00; and shallfurther include the Enhanced Process as defined in the Joint DevelopmentAgreement.—

 

2)  In section1.3, delete “Effective Date” and insert in its place — November 14, 2002—.

 

3)  In section1.3, after “U.S. Patent 5,930,643” insert: —and further includes the issuedpatents and patents issuing on the patent applications listed in Exhibit Ahereto—

 

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This Amendment shall beeffective as of November 14, 2002.

 

Except as amended by this Amendment, all the rights, obligations andliabilities of the parties under the Agreement shall otherwise remain in fullforce and effect as set out therein.

 

 
| Agreed to:                   |                 | Agreed to:                                   |   |
|------------------------------|----------------------|----------------------------------------------|--------|
|                         |                 |                                         |   |
| IBIS TECHNOLOGY  CORPORATION |                 | INTERNATIONAL BUSINESS  MACHINES CORPORATION |
|                         |                 |                                         |   |
| By:                          | /s/ Martin J. Reid   |                                         |   | By: | /s/ Gerald Rosenthal |   |
|                         |  Martin J. Reid |                                         |   |   |   Gerald Rosenthal |   |
|                         |  CEO            |                                         |   |   |   Vice President |   |
|                         |                 |                                         |   |
| Date:                        | November 14, 2002    |                                         |   | Date: | November 21, 2002 |   |
|                              |                      |                                              |        |  |  |  |  |  |  |  |

 

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EXHIBIT A

 

“IBM Licensed Patents” shall include the following issued patents andpatents issuing on the following patent applications:

 
| **Patent  Number**                    |   | **Issue  Date**      |
|---------------------------------------|--------|----------------------|
|                                  |   |                 |
| US 6,043,166                          |   | March 28, 2000       |
|                                  |   |                 |
| US 6,090,689                          |   | July 18, 2000        |
|                                  |   |                 |
| US 6,204,546                          |   | March 20, 2001       |
|                                  |   |                 |
| US 6,222,253                          |   | April 24, 2001       |
|                                  |   |                 |
| US 6,259,137                          |   | July 10, 2001        |
|                                  |   |                 |
| **US  Patent Application Serial No.** |   | **Filing  Date**     |
|                                  |   |                 |
| 09/861593                             |   | May 21, 2001         |
|                                  |   |                 |
| 10/185580                             |   | June 28, 2002        |
|                                  |   |                 |
| 09/861596                             |   | May 21, 2001         |
|                                  |   |                 |
| 09/861594                             |   | May 21, 2001         |
|                                  |   |                 |
| 09/884670                             |   | June 19, 2001        |
|                                  |   |                 |
| 10/055139                             |   | Jan. 23, 2002        |
|                                  |   |                 |
| 10/122009                             |   | April 11, 2002       |
|                                  |   |                 |
| 10/200822                             |   | July  22,  2002 |

 

END OF EXHIBIT A

 

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