DOES NOT CORRECT SUCH BREACH WITHIN SIXTY
(60) DAYS AFTER RECEIVING WRITTEN NOTICE COMPLAINING THEREOF.
5.DISCLAIMER
5.1 NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS:
(A)
A WARRANTY OR REPRESENTATION BY INTEL AS TO
THE VALIDITY, ENFORCEABILITY OR SCOPE OF ANY CLASS OR TYPE OF PATENT RIGHT; OR
(B)
A WARRANTY OR REPRESENTATION THAT ANY
MANUFACTURE, SALE, LEASE, USE OR OTHER DISPOSITION OF LICENSED PRODUCTS
HEREUNDER WILL BE FREE FROM INFRINGEMENT OF ANY PATENT RIGHTS OF ANY THIRD
PARTY; OR
(C)
AN AGREEMENT TO BRING OR PROSECUTE ACTIONS
OR SUITS AGAINST THIRD PARTIES FOR INFRINGEMENT OR CONFERRING ANY RIGHT TO BRING
OR PROSECUTE ACTIONS OR SUITS AGAINST THIRD PARTIES FOR INFRINGEMENT; OR
5
(D)
CONFERRING ANY RIGHT TO USE IN ADVERTISING,
PUBLICITY, OR OTHERWISE, ANY TRADEMARK, TRADE NAME OR NAMES, OR ANY CONTRACTION,
ABBREVIATION OR SIMULATION THEREOF, OF EITHER PARTY; OR
(E)
CONFERRING BY IMPLICATION, ESTOPPEL OR
OTHERWISE, UPON CYMER LICENSED HEREUNDER, ANY LICENSE OR OTHER RIGHT UNDER ANY
PATENT RIGHTS, COPYRIGHT, MASKWORK, TRADE SECRET, TRADEMARK OTHER INTELLECTUAL
PROPERTY RIGHT EXCEPT THE LICENSES AND RIGHTS EXPRESSLY GRANTED HEREUNDER; OR
(F)
AN OBLIGATION TO FURNISH ANY TECHNICAL
INFORMATION OR KNOW-HOW OUTSIDE OF WHAT IS TRANSMITTED PURSUANT OF THIS
AGREEMENT.
5.2
NO IMPLIED WARRANTIES. INTEL HEREBY DISCLAIMS ANY IMPLIED WARRANTIES WITH
RESPECT TO THE PATENTS LICENSED HEREUNDER, INCLUDING WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. MISCELLANEOUS PROVISIONS
6.1 AUTHORITY. INTEL REPRESENTS AND WARRANTS THAT IT HAS THE RIGHT TO GRANT TO
CYMER THE LICENSES GRANTED HEREUNDER.
6.2 NO ASSIGNMENT. THIS AGREEMENT IS PERSONAL TO THE PARTIES, AND THE AGREEMENT
OR ANY RIGHT OR OBLIGATION HEREUNDER IS NOT ASSIGNABLE, WHETHER IN CONJUNCTION
WITH A CHANGE IN OWNERSHIP, MERGER, ACQUISITION, THE SALE OR TRANSFER OF ALL, OR
SUBSTANTIALLY ALL OR ANY PART OF A PARTY'S BUSINESS OR ASSETS OR OTHERWISE,
EITHER VOLUNTARILY, BY OPERATION OF LAW, OR OTHERWISE, WITHOUT THE PRIOR WRITTEN
CONSENT OF THE OTHER PARTY, WHICH CONSENT MAY BE WITHHELD AT THE SOLE DISCRETION
OF SUCH OTHER PARTY. ANY SUCH PURPORTED ASSIGNMENT OR TRANSFER SHALL BE DEEMED A
BREACH OF THIS AGREEMENT AND SHALL BE NULL AND VOID. THIS AGREEMENT SHALL BE
BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES AND THEIR PERMITTED
SUCCESSORS AND ASSIGNS.
6.3
NOTICE. ALL NOTICES REQUIRED OR PERMITTED TO BE GIVEN HEREUNDER SHALL BE IN
WRITING AND SHALL BE DELIVERED BY HAND, OR IF DISPATCHED BY PREPAID AIR COURIER
OR BY REGISTERED OR CERTIFIED AIRMAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
If to Cymer:
Law Department
Cymer, Inc.
17075 Thornmint Ct.
San Diego, CA 92127
If to Intel:
General Counsel
Intel Corporation
2200 Mission College Blvd.
Santa Clara, CA 95052
United States of America
Such notices shall be deemed to have been served when received by addressee or,
if delivery is not accomplished by reason of some fault of the addressee, when
tendered for delivery. Either party may give written notice of a change of
address and, after notice of such change has been received, any notice or