Exhibit 10.2
*** TEXT OMITTED AND FILED SEPARATELY
CONFIDENTIAL TREATMENT REQUESTED
Under 17 C.F.R. Sections 200.80(b)(4) and 240.24b-2
INTELLECTUAL PROPERTY LICENSE AGREEMENT
BETWEEN
"CYMER" CORPORATION AND INTEL CORPORATION
This Intellectual Property License Agreement ("Agreement") is entered into as of
January 28, 2004("Effective Date") by and between Cymer, Inc. a Nevada
corporation, having an office at 17075 Thornmint Ct., San Diego, California,
92127, USA, ("Cymer") and Intel Corporation, a Delaware corporation, having an
office at 2200 Mission College Blvd., Santa Clara, California 95052, U.S.A.
("Intel").
WHEREAS, Cymer intends to commercialize EUV systems for an anticipated business
opportunity,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1.
DEFINITIONS
1.1.
"EUV" MEANS EXTREME ULTRAVIOLET LITHOGRAPHY.
1.2.
"EUV SOURCE SYSTEM" MEANS A SYSTEM INCLUDING
ALL APPARATUS TO DELIVER DEBRIS-FREE, IN-BAND, COLLECTED PHOTONS BASED ON A
[...***...] OR A [...***...] TO THE INTERMEDIATE FOCUS OF THE EUV LITHOGRAPHY SYSTEM FOR
GENERATING A SUPPLY OF SUCH COLLECTED PHOTONS AT A CENTRAL WAVELENGTH IN THE
RANGE OF [...***...].
1.3.
"INTERMEDIATE FOCUS" MEANS THE ILLUMINATOR
ENTRANCE OF THE EUV LITHOGRAPHY SYSTEM, SUCH ILLUMINATOR ENTRANCE BEING
DOWNSTREAM OF THE COLLECTION OPTICS, DEBRIS MITIGATION SYSTEM AND OPTIONAL
SPECTRAL PURITY FILTER.
1.4.
"EUV LITHOGRAPHY SYSTEM" MEANS AN INTEGRATED
EXPOSURE TOOL CONTAINING AN EUV SOURCE SYSTEM AND CAPABLE OF CREATING
LITHOGRAPHIC PATTERNS IN SEMICONDUCTOR WAFERS.
1.5.
"CYMER LICENSED PRODUCTS" SHALL MEAN A
COMPLETE EUV SOURCE SYSTEM THAT IS SOLD BY CYMER AS CYMER'S OWN PRODUCT (SUBJECT
TO THE LIMITATIONS SET FORTH IN SECTION 2.6) AND NOT ON BEHALF OF ANOTHER.
1.6.
"COMPLETE EUV SOURCE SYSTEM" MEANS AN EUV
SOURCE SYSTEM AND SUPPORTING EUV METROLOGY DEVICES WHICH ARE DESIGNED, DEVELOPED
AND MARKETED BY OR FOR CYMER FOR INTEGRATION INTO AN EUV LITHOGRAPHY SYSTEM AND
WHICH ARE ASSEMBLED SUBSTANTIALLY INTO THE FORM ORDINARILY SOLD TO EUV
LITHOGRAPHY SYSTEM PRODUCERS UNDER CYMER'S NAME.
1.7.
"INTEGRATED CIRCUIT" SHALL MEAN AN INTEGRATED
UNIT COMPRISING ONE OR MORE ACTIVE AND/OR PASSIVE CIRCUIT ELEMENTS ASSOCIATED ON
ONE OR MORE SUBSTRATES, SUCH UNIT FORMING, OR CONTRIBUTING TO THE FORMATION OF,
A CIRCUIT FOR PERFORMING ELECTRICAL FUNCTIONS (INCLUDING, IF PROVIDED THEREWITH,
HOUSING AND/OR SUPPORTING MEANS). THE DEFINITION OF "INTEGRATED CIRCUIT" SHALL
ALSO INCLUDE ANY AND ALL FIRMWARE, MICROCODE OR DRIVERS, IF NEEDED TO CAUSE SUCH
CIRCUIT TO PERFORM SUBSTANTIALLY ALL OF ITS INTENDED HARDWARE FUNCTIONALITY,
WHETHER OR NOT SUCH FIRMWARE, MICROCODE OR DRIVERS ARE SHIPPED WITH SUCH
INTEGRATED UNIT OR INSTALLED AT A LATER TIME.
1.8.
"INTEL'S PRODUCTS" SHALL MEAN ANY INTEGRATED
CIRCUITS.
*Confidential Treatment Requested
INTEL CONFIDENTIAL
1.9.
"PATENTS" SHALL MEAN ALL CLASSES OR TYPES OF
PATENTS OTHER THAN DESIGN PATENTS (INCLUDING, WITHOUT LIMITATION, ORIGINALS,
DIVISIONS, CONTINUATIONS, CONTINUATIONS-IN-PART, EXTENSIONS OR REISSUES), AND
APPLICATIONS FOR THESE CLASSES OR TYPES OF PATENT RIGHTS IN ALL COUNTRIES OF THE
WORLD THAT ARE OWNED OR CONTROLLED BY THE APPLICABLE PARTY OR ANY OF ITS
SUBSIDIARIES OR TO WHICH SUCH ENTITIES HAVE THE RIGHT TO GRANT LICENSES, AND TO
THE EXTENT THAT THE APPLICABLE PARTY OR ITS SUBSIDIARIES HAS THE RIGHT TO GRANT
LICENSES