Common use of Special Term Clause in Contracts

Special Term. TSMC obtained a license from Silicon Storage Technology Limited (“SST”) on certain embedded flash memory technologies which TSMC is authorized to sublicense to its customers. Licensee acknowledges that the SST related Licensed Technologies can be used only for designing non-stand-alone memory products. Licensee shall not use SST related Licensed Technologies to design and/or tape-out the following products: (a) standalone memory product and the primary purpose or function of which is for the storage and retrieval of data or information; (b) standalone memory product combined with SRAM, DRAM, EEPROM or ROM; and (c) product that uses embedded flash memory for more than 70% of the total die area of such product. In the event that the license agreement between TSMC and SST for the Licensed Technologies is terminated, with or without cause, notwithstanding any other term of this Agreement, TSMC will give Licensee twenty (20) days prior written notice to terminate this Agreement.

Special Term. TSMC has obtained a license from Silicon Storage Technology Limited (“SST”) on certain embedded flash memory technologies which TSMC is authorized to sublicense to its customers. Licensee User acknowledges that the SST related Licensed TSMC Technologies can be used only for designing non-stand-alone memory products. Licensee User shall not use SST related Licensed TSMC Technologies to design and/or tape-out the following products: (a) standalone stand alone memory product and the primary purpose or function of which is for the storage and retrieval of data or information; (b) standalone stand alone memory product combined with SRAM, DRAM, EEPROM or ROM; and (c) product that uses embedded flash memory for more than 70% of the total die area of such product. In the event that the license agreement between TSMC and SST for the Licensed TSMC Technologies is terminated, with or without cause, notwithstanding any other term of this Agreement, TSMC will give Licensee User twenty (20) days prior written notice to terminate this Agreement.