This COLLABORATION AGREEMENT (the "Agreement") is made and entered into between: Neah Power
Systems, Inc., with its principal place of business at 22118 20th Ave SE, Suite 142, Bothell, Washington 98021
("Neah") and Novellus Systems, Inc. with its principal place of business at 4000 North First Street, San Jose,
CA 95134 ("Novellus"), effective as of April 1, 2004 ("Effective Date").
Neah is in the business of developing silicon-based fuel cell technology. Novellus is a provider of advanced
deposition and surface preparation systems for the semiconductor industry. Neah desires to collaborate with
Novellus to develop technology related to the application of catalyst and conductive films to silicon to be used as
a fuel cell electrode, and Novellus is willing to enter into such collaboration on the terms set forth in this
NOW, THEREFORE, for valuable consideration, receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1.1 "BACKGROUND IP" shall mean all inventions, discoveries, works of authorship, designs, ideas, and
technology Developed prior to or outside the course of performance of the Project.
1.2 "COMPONENTS" shall mean porous silicon (a) to which catalyst and conductive films have been applied,
and (b) that are designed, developed or manufactured using any Project IP.
1.3 "COMPONENT EQUIPMENT" shall mean equipment that (a) is designed, developed or manufactured
using any Project IP, and (b) is specifically designed to manufacture Components.
1.4 "COMPONENT EQUIPMENT PROCESSES" shall mean all unit processes performed by Component
1.5 "DEVELOPED" shall mean, (a) conceived, with respect to inventions and discoveries, (b) fixed in a tangible
medium of expression, with respect to works of authorship, and (c) created with respect to other designs, ideas,
1.6 "FUEL CELL FIELD OF USE" shall mean the design, development, manufacturing,