EXHIBIT 10.16
December 21, 2001
Re: Amendment to DOCSIS IPR Agreement to cover DOCSIS 2.0
Dear ▇▇. ▇▇▇▇▇:
This letter amends the Data Over Cable Service Interface Specifications License
Agreement between CableLabs and Terayon Communication Systems, Inc., dated
December 21, 2001, (the "Agreement") to confirm that the royalty-free license
granted by the Agreement includes the new DOCSIS 2.0 specification.
1. Section 7.1 of the Agreement shall be amended to read as follows:
"7.1 Periodic Amendments. CableLabs may revise the Specifications from time
to time until June 1, 2005..."
2. CableLabs deems DOCSIS 2.0 a "Major Change" as defined in Section 7.2 of
the Agreement. By your signature below, you waive your right set forth in
Section 7.2 of the Agreement to object to the inclusion of your
contributions to DOCSIS 2.0 (currently identified as SP-RFIv2.0-W03-011112)
into the Specifications (as defined in the Agreement). This waiver shall
not apply to any of your intellectual property that was contributed into
DOCSIS 2.0 without your knowledge and consent, nor shall it apply to
possible future versions of DOCSIS, such as 2.1 or 3.0. You agree to advise
CableLabs without delay if you believe any of your intellectual property
has been inadvertently added to DOCSIS 2.0.
Except as modified by this letter, the Agreement shall remain in full force and
effect.
We trust that this amendment and waiver will be acceptable to you. If so, please
sign and date both originals, and return one to ▇▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, our
General Counsel, at our address shown below.
Very truly yours, AGREED TO AND ACCEPTED:
/s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Terayon Communication Systems, Inc.
▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Executive Vice President and By: /s/ ▇▇▇▇ ▇▇▇▇▇
Chief Operating Officer Name: ▇▇▇▇ ▇▇▇▇▇
Title: Chief Executive Officer
Dated: December 21, 2002
DGR/ebg