THIS PATENT LICENSE AGREEMENT (the "Agreement") MADE BETWEEN:
CERTICOM INC., a corporation organized under the laws of the Yukon Territory of
Canada (called "Certicom")
whose U.S. address is: 25801 Industrial Blvd, Hayward, CA 94545, USA
___________________________________________________________ (called "Licensee")
whose address is: ___________________________________________________________
A. Certicom owns all right, title and interest in and to the Patent Rights (as defined
B. Licensee desires to gain rights under the Patent Rights and to commercialize products
and services covered by the Patent Rights in the Field of Use (as defined below); and
C. Certicom is willing to grant and Licensee accepts a licence under the Patent Rights
restricted to the Field of Use in accordance with the terms and conditions set forth in this
IN CONSIDERATION of the preceding recitals and of the following terms, conditions, and
promises, the Parties agree as follows:
1. DEFINITIONS IN THIS AGREEMENT
1.1. “Patent Rights” means:
U.S.patent 5,933,504, any continuations, divisions, re-issues, re-examinations and
extensions thereof and corresponding patents and applications in other countries.
• Any patent resulting from U.S. patent application 08/949,781, any continuations,
divisions, re-issues, re-examinations and extensions thereof and corresponding patents
and patent applications in other countries.
• Any other patent solely owned by Certicom that is essential to implement a
cryptographic system within the field of use and having an effective filing date before
May 17, 2006.
1.2. “Licensed Process” means any process covered by a claim of the Patent Rights or a
claim of any other patent rights licensed under this Agreement. A Licensed Process also
includes the provision of any service using a Licensed Product.
1.3. “Licensed Product” means any article, kit, equipment, system, unit, product or
component part covered by a claim of the Patent Rights or a claim of any other patent rights