LICENSE REFERENCE NUMBER L004001
PATENT LICENSE AGREEMENT ("Agreement") dated December 15, 2000 ("Effective Date") between
INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation ("IBM"), and
IBIS TECHNOLOGY CORPORATION, a Massachusetts corporation ("IBIS").
Under the License Agreement between the parties dated December 15, 2000 ("Know-how Agreement"), IBM is
licensing IBIS under certain know-how and other rights related to IBM's proprietary process for implanting
silicon wafers with oxygen as practiced at its East Fishkill, NY, location, and IBIS is granting certain rights to
IBM. No patent licenses, express or implied, were granted by either party under the Know-how Agreement.
Each party desires to grant the other certain rights under patents in connection with the know-how and other
rights granted under the Know-how Agreement. In consideration of the premises and covenants herein contained,
and of the parties' entry into the Know-how Agreement, IBM and IBIS agree as follows:
SECTION 1. DEFINITIONS
1.1 "Licensed Product" shall mean silicon wafers implanted with oxygen and annealed in accordance with the
1.2 "Licensed Process" shall have the meaning set forth in section 1.7 of the Know-how Agreement.
1.3 "IBM Licensed Patents" shall mean all patents (U.S. or foreign), including utility models but not including
design patents, covering Licensed Products and the Licensed Process, issued or issuing on patent applications
that claim inventions having an effective filing date on or before the Effective Date under which patents or the
applications therefor IBM or any of its Subsidiaries has the right, at any time during the term of this Agreement, to
grant licenses to IBIS and its Subsidiaries of the scope granted herein without such grant or the exercise of rights
thereunder resulting in the payment of royalties or other consideration by IBM to third parties (except for
payments to Subsidiaries and payments to third parties for inventio