ALL APPARATUS TO DELIVER DEBRIS-FREE, IN-BAND, COLLECTED PHOTONS TO
THE INTERMEDIATE FOCUS OF THE EUV LITHOGRAPHY SYSTEM, AND AS SPECIFIED IN THE
SOW, INCLUDING THE FOLLOWING PROGRAMS/GENERATIONS OF CYMER'S EUV SOURCE SYSTEM:
(I)
"BETA MINUS SOURCE" MEANS A 15W - 20W
EUV SOURCE SYSTEM AS DEFINED IN THE SOW.
(II)
BETA SOURCE" MEANS A 50W EUV SOURCE SYSTEM
AS DEFINED IN THE SOW.
(III)
"HVM SOURCE" MEANS A BASELINE 100W (OR OTHER
MUTUALLY AGREED POWER LEVEL) EUV SOURCE SYSTEM USED IN HIGH VOLUME MANUFACTURING
(HVM) AS DEFINED IN THE SOW.
(B)
INTELLECTUAL PROPERTY SHALL MEAN ANY OR ALL
OF THE FOLLOWING AND ALL RIGHTS IN, ARISING OUT OF, OR ASSOCIATED WITH EUV
SOURCE SYSTEM(S):
(I) ALL UNITED STATES AND FOREIGN PATENTS AND UTILITY MODELS
AND APPLICATIONS THEREFOR AND ALL REISSUES, DIVISIONS, RENEWALS, EXTENSIONS,
PROVISIONALS, CONTINUATIONS AND CONTINUATIONS-IN-PART THEREOF, AND EQUIVALENT OR
SIMILAR RIGHTS ANYWHERE IN THE WORLD IN INVENTIONS AND DISCOVERIES ("PATENTS");
(II) ALL TRADE SECRETS AND PROPRIETARY INFORMATION; (III) ALL COPYRIGHTS,
COPYRIGHTS REGISTRATIONS AND APPLICATIONS THEREFOR AND ALL OTHER RIGHTS
CORRESPONDING THERETO THROUGHOUT THE WORLD ("COPYRIGHTS"); (IV) ALL MASK WORKS,
MASK WORK REGISTRATIONS AND APPLICATIONS THEREFOR, AND ANY EQUIVALENT OR SIMILAR
RIGHTS IN SEMICONDUCTOR MASKS, LAYOUTS, ARCHITECTURES OR TOPOLOGY ("MASKWORKS");
(V) ALL INDUSTRIAL DESIGNS AND ANY REGISTRATIONS AND APPLICATIONS THEREFOR
THROUGHOUT THE WORLD; AND (VI) ANY SIMILAR, CORRESPONDING OR EQUIVALENT RIGHTS
TO ANY OF THE FOREGOING ANYWHERE IN THE WORLD.
(C)
NON- RECURRING ENGINEERING EXPENSE ("NRE")
MEANS THOSE MONETARY AMOUNTS PAYABLE BY INTEL UPON CYMER'S COMPLETION AND
INTEL'S ACCEPTANCE OF THE MILESTONES INDICATED IN THE SOW.
THE AGGREGATE TOTAL
OF NRE PAYMENTS UNDER THIS AGREEMENT SHALL NOT EXCEED [...***...].
2
Total NRE milestone payments by calendar year are anticipated to be [...***...].
(D)
PRODUCTION UNITS SHALL MEAN EUV SOURCE
SYSTEM(S) READY FOR HIGH VOLUME MANUFACTURING ("HVM") AND MADE AVAILABLE FOR
SALE BY CYMER TO INTEL AND OTHER THIRD PARTIES.
(E)
STATEMENT OF WORK ("SOW") MEANS A STATEMENT
OF WORK, INCLUDING THE MILESTONES AND ASSOCIATED NRE PAYMENTS, DECISION POINTS,
SPECIFICATIONS, AND RESOURCE LEVELS REQUIRED TO MEET THE MILESTONES, AND
INCLUDING THE DATES FOR DELIVERY OF THE SPECIFIC EUV SOURCE SYSTEM(S) AND WHICH
SHALL BE DEVELOPED IN CONJUNCTION WITH EACH TYPE OF EUV SOURCE SYSTEM PURCHASED
FROM CYMER.
(F)
TECHNICAL SHOWSTOPPER MEANS A TECHNICAL
PROBLEM WHICH PREVENTS THE DEVELOPMENT OF A BETA MINUS SOURCE, BETA SOURCE, OR
HVM SOURCE, DUE TO THE LAWS OF PHYSICS, OR AS OTHERWISE MUTUALLY AGREED BY THE
PARTIES IN WRITING.
UPON IDENTIFICATION OF A TECHNICAL SHOWSTOPPER THE PARTIES
SHALL PROMPTLY MEET AND DETERMINE A MUTUALLY ACCEPTABLE COURSE OF ACTION.
2.
SCOPE OF WORK
2.1
Development of EUV Source System(s).
Cymer
shall use its reasonable commercial efforts to develop the EUV Source System(s),
according to the Statements of Work (and the associated ESAs if applicable) and
mutually agreed upon by the Parties.
Statements of Work shall be developed for
each EUV Source System(s) generation and shall include and address, without
limitation, the following areas:
[...***...].
2.2
Intel Access and Assistance.
Cymer will
allow Intel reasonable access