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 IBM’s 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 IBM’s 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—


 


1

















 


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:

  	
   

  	
  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

  	
   

  
											



 


2

















 


EXHIBIT A


 


“IBM Licensed Patents” shall include the following issued patents and
patents 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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