Portions of this exhibit marked [*] are requested to be treated confidentially.
Exhibit 10.83
LICENSE AGREEMENT
This Agreement is made by and between Duke University ("LICENSOR"), a nonprofit educational and research
organization organized under the laws of North Carolina, and having its principal office at Durham, North
Carolina, and AEOLUS PHARMACEUTICALS, INC. ("LICENSEE"), a corporation organized under the laws
of Delaware, and having its principal place of business in Research Triangle Park, North Carolina, and having its
corporate headquarters in Research Triangle Park, North Carolina.
WHEREAS, LICENSOR and LICENSEE have previously entered that certain License Agreement, dated July
21, 1995, with respect to certain anti-oxidant compounds (the "First Agreement") and that certain License
Agreement, dated June 25, 1998, with respect to certain substituted Porphyrin compounds (the "Second
Agreement"); and
WHEREAS, in addition to the substituted Porphyrin compounds covered by the Second Agreement, Irwin
Fridovich, James Crapo, and other parties have invented the Inventions (as hereinafter defined), and
LICENSOR, LICENSEE, and National Jewish Medical and Research Center ("NJC") jointly own all rights, title,
and interest in and to such Invention, including related patents, patent applications, and unpatented technology;
and
WHEREAS, the Inventions, are Future Technology as defined in Section 5.01.04 of the First Agreement and
LICENSEE, therefore, has an Option to the Inventions under certain terms and conditions specified in Article 5
of the First Agreement; and
WHEREAS, the Inventions were made with U.S. Government support and, notwithstanding anything to the
contrary in this Agreement, the government has certain rights in the invention under 37 CFR 401; and
WHEREAS, LICENSOR has the right to grant licenses to the foregoing Inventions, and wishes to have the
Inventions utilized in the public interest; and
WHEREAS, LICENSOR is willing to grant an exclusive license to LICENSEE