2.2.2 By Apple. Apple, on behalf of itself, its Affiliates, and their successors and
assigns, hereby covenants not to sue Immersion, its Affiliates, their successors and
assigns, direct or indirect customers, users, licensees, service providers, distributors,
retailers, or direct and indirect suppliers for any claims related to the Immersion Patents,
and covenants not to contest or assist in the contest in any forum, including federal
courts, whether under 28 U.S.C. §§ 2201-2202 or not, United States Patent and
Trademark Office, and/or the International Trade Commission, that the Immersion
Patents are valid and enforceable. This section shall not apply, however, if Immersion, or
its Affiliates, successors, directors, employees, or agents (a) breaches the covenant not to
sue of Section 2.2.1 in any regard; (b) acts in a manner inconsistent with the licenses and
releases of Sections 2.1 and 2.3 in any regard; or (c) alleges or claims that any Covered
Apple Party infringes or will infringe the Immersion Patents based on Licensed
Products. This section shall not preclude Apple, or any Apple Affiliate, successor, assign,
predecessor, customer, or supplier, who receives a lawful subpoena, discovery request,
Court or administrative order, or any other form of legal process or government directive,
from responding to such a request, order, or directive by producing or providing
documents, testimony, or other information.
2.3
Release.
Page 3
CONFIDENTIAL SETTLEMENT AND LICENSE AGREEMENT
BETWEEN IMMERSION AND APPLE
[***] Confidential Treatment Request
2.3.1 By Immersion. [***],
Immersion, on behalf of itself, its Affiliates, and
their successors and assigns hereby releases, acquits and forever discharges the Covered
Apple Parties from any and all actions, causes of action, claims or demands, liabilities,
losses, damages, attorney fees, court costs, or any other form of claim or compensation,
whether known or unknown as of the Effective Date, arising out of the facts, events or
occurrences underlying or giving rise to or otherwise related to, [***] any released party
on account of any such claim. For the avoidance of doubt, the release set forth in this
Section 2.3.1 shall not prevent Immersion from bringing an infringement suit against a
Covered Apple Party or its Affiliates after the termination or expiration of this Agreement
for actions that occur after termination or expiration of this Agreement, or with respect
to patents that are not Immersion Patents.
