AGREEMENT FOR HIRE OPEN IP SAMPLES

THIS AGREEMENT is made between 

IHP GmbH – Leibniz Institute for High Performance Microelectronics/ Leibniz- Institut für innovative Mikroelektronik, Im Technologiepark 25, 15236 Frankfurt (Oder), Germany

hereinafter referred to as “Owner” 

and 

[please insert here Name and address of Partner who should receive prototypes]
hereinafter referred to as “Hirer”

 WHEREAS Owner has fabricated in his cleanroom ASIC prototypes in IHP SG13G2 technology (“Prototypes”) and performed backend processes and singularisation of Prototypes. Prototypes are designed using Owners open source PDK (https://github.com/IHP-GmbH/IHP-Open-PDK). All design information is open source and published under (https://github.com/IHP-GmbH/IHP-Open-DesignLib)
Design name: [insert specific design name]

 and

WHEREAS the Owner and the Hirer have a mutual interest in evaluating Prototypes and publishing evaluation results

and

WHEREAS the Hirer will carry out measurements, testing and evaluation of design samples. 
[Please insert here further technical details on design evaluation]  

Hirer and Owner agree as follows:

1.	The Owner agrees to give on hire and the Hirer agrees to take on hire the Prototypes for a period of 2 years after shipment of Prototypes or until the completion of the activities described in the recitals above.
 
2.	Delivery of the Prototypes shall be made by the Owner to the Hirers address.

3.	The Hirer commits to publish all evaluation results under https://github.com/IHP-GmbH/IHP-Open-DesignLib
[Please insert here special conditions, i.e. schedule ]

4.	The Hirer shall during the term of this Agreement, to the extent reasonably possible,
a.	maintain the Prototypes in good condition. 

b.	use the Prototypes solely for the purpose of evaluation.

c.	handle the Prototypes according to the given manual and carefully instruct any person in handling and safety instructions before transfer or hand over to any third party.
 
d.	notify the Owner in writing If the Hirer becomes aware that the Prototypes are stolen or otherwise lost or destroyed or damaged, promptly after the Hirer becomes aware of such loss or damage. 

e.	not supply or make the Prototypes otherwise available to or part with possession in favour of any third party, except [please insert special agreement here if applicable]

f.	not sell or hypothecate the Prototypes. 

5.	The property in the Prototypes will always remain with the Owner. 

6.	If the Hirer commits breach of any term or covenant contained in this agreement, the Owner will be entitled to terminate this agreement by ten days' prior notice.

7.	If this agreement is terminated by the Owner or by efflux of time or duration of this agreement as aforesaid, the Hirer shall return the Prototypes to the Owner forthwith. 

8.	This Agreement shall be governed in all respects by the laws of the Federal Republic of Germany. Frankfurt (Oder), Germany, shall be the sole place of jurisdiction for any disputes arising from this agreement.

9.	This Agreement shall come into effect on [please insert date]

OWNER

IHP GmbH – Leibniz Institute for High Performance Microelectronics/ Leibniz-Institut für Institut für innovative Mikroelektronik

Prof. Gerhard Kahmen		Nicolas Hübener
Scientific Director		Admin. Director

HIRER

………………………………. ………………………………
ASIC fabrication is funded by public German project FMD-QNC (16ME0831) https://www.elektronikforschung.de/projekte/fmd-qnc