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Confidential Draft
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ADDENDUM A
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MUTUAL NONDISCLOSURE AGREEMENT (page 2.)
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B.
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GENERAL
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1.
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Either party may terminate this MNDA without cause upon five (5) days
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written notice given to the other, provided that confidentiality obligations
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under Section A of this Attachment A shall survive termination hereof.
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2.
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No rights or obligations other than expressly recited herein are to be
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implied here from.
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Nothing except that expressly stated herein shall
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affect either party's present or prospective rights under any country's
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patent laws, or be construed as granting any license under any present or
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future patent or application therefor, or preclude marketing any product
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unless such marketing constitutes unauthorized disclosure of INFORMATION.
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3.
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This MNDA shall be construed, interpreted and applied in accordance with the
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laws of the Commonwealth of Massachusetts.
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4.
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Consistent with other provisions herein, each party assures that it will
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not knowingly, without obtaining prior authorization from the U.S. Dept.
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of Commerce Office of Export Administration, transmit directly or
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indirectly the technical data received pursuant hereto or the immediate
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product (including processes and services) produced directly by use of
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such technical data to Afghanistan, People's Republic of China, or any
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other Country Group Q, S, W, T, or Z country specified in Supplement No.
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I
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to Part 370 of U.S. Dept.
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of Commerce Export Administration Regulations.
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5.
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This document and appendices contain the entire agreement between the
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Parties and supersede any previous oral or written understandings,
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commitments or agreements pertaining to the subject matter hereof.
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This
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MNDA shall not be modified or changed in any manner except in a writing
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signed by both parties.
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If a court of competent jurisdiction finds any of
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the provisions hereto so over-broad as to be unenforceable, such
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provisions may be reduced in scope by the court to the extent it deems
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necessary to render the provision reasonable and enforceable.
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IN WITNESS WHEREOF, the Parties have caused this MDNA to be executed as of this
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9th day of December __, 1996.
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DIGITAL EQUIPMENT CORPORATION TERAYON Corporation
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----------------------------- -----------------------------
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Signed Signed
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----------------------------- Jacob Tanz
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Typed Name Typed Name
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----------------------------- Vice President, Marketing
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Title Title
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