PATENTS (5701B)
1 Alliance for Open Media Patent License 1.0 2 3 1. License Terms. 4 5 1.1. Patent License. Subject to the terms and conditions of this License, each 6 Licensor, on behalf of itself and successors in interest and assigns, 7 grants Licensee a non-sublicensable, perpetual, worldwide, non-exclusive, 8 no-charge, royalty-free, irrevocable (except as expressly stated in this 9 License) patent license to its Necessary Claims to make, use, sell, offer 10 for sale, import or distribute any Implementation. 11 12 1.2. Conditions. 13 14 1.2.1. Availability. As a condition to the grant of rights to Licensee to make, 15 sell, offer for sale, import or distribute an Implementation under 16 Section 1.1, Licensee must make its Necessary Claims available under 17 this License, and must reproduce this License with any Implementation 18 as follows: 19 20 a. For distribution in source code, by including this License in the 21 root directory of the source code with its Implementation. 22 23 b. For distribution in any other form (including binary, object form, 24 and/or hardware description code (e.g., HDL, RTL, Gate Level Netlist, 25 GDSII, etc.)), by including this License in the documentation, legal 26 notices, and/or other written materials provided with the 27 Implementation. 28 29 1.2.2. Additional Conditions. This license is directly from Licensor to 30 Licensee. Licensee acknowledges as a condition of benefiting from it 31 that no rights from Licensor are received from suppliers, distributors, 32 or otherwise in connection with this License. 33 34 1.3. Defensive Termination. If any Licensee, its Affiliates, or its agents 35 initiates patent litigation or files, maintains, or voluntarily 36 participates in a lawsuit against another entity or any person asserting 37 that any Implementation infringes Necessary Claims, any patent licenses 38 granted under this License directly to the Licensee are immediately 39 terminated as of the date of the initiation of action unless 1) that suit 40 was in response to a corresponding suit regarding an Implementation first 41 brought against an initiating entity, or 2) that suit was brought to 42 enforce the terms of this License (including intervention in a third-party 43 action by a Licensee). 44 45 1.4. Disclaimers. The Reference Implementation and Specification are provided 46 "AS IS" and without warranty. The entire risk as to implementing or 47 otherwise using the Reference Implementation or Specification is assumed 48 by the implementer and user. Licensor expressly disclaims any warranties 49 (express, implied, or otherwise), including implied warranties of 50 merchantability, non-infringement, fitness for a particular purpose, or 51 title, related to the material. IN NO EVENT WILL LICENSOR BE LIABLE TO 52 ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, 53 INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF 54 ACTION OF ANY KIND WITH RESPECT TO THIS LICENSE, WHETHER BASED ON BREACH 55 OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR 56 NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 57 58 2. Definitions. 59 60 2.1. Affiliate. "Affiliate" means an entity that directly or indirectly 61 Controls, is Controlled by, or is under common Control of that party. 62 63 2.2. Control. "Control" means direct or indirect control of more than 50% of 64 the voting power to elect directors of that corporation, or for any other 65 entity, the power to direct management of such entity. 66 67 2.3. Decoder. "Decoder" means any decoder that conforms fully with all 68 non-optional portions of the Specification. 69 70 2.4. Encoder. "Encoder" means any encoder that produces a bitstream that can 71 be decoded by a Decoder only to the extent it produces such a bitstream. 72 73 2.5. Final Deliverable. "Final Deliverable" means the final version of a 74 deliverable approved by the Alliance for Open Media as a Final 75 Deliverable. 76 77 2.6. Implementation. "Implementation" means any implementation, including the 78 Reference Implementation, that is an Encoder and/or a Decoder. An 79 Implementation also includes components of an Implementation only to the 80 extent they are used as part of an Implementation. 81 82 2.7. License. "License" means this license. 83 84 2.8. Licensee. "Licensee" means any person or entity who exercises patent 85 rights granted under this License. 86 87 2.9. Licensor. "Licensor" means (i) any Licensee that makes, sells, offers 88 for sale, imports or distributes any Implementation, or (ii) a person 89 or entity that has a licensing obligation to the Implementation as a 90 result of its membership and/or participation in the Alliance for Open 91 Media working group that developed the Specification. 92 93 2.10. Necessary Claims. "Necessary Claims" means all claims of patents or 94 patent applications, (a) that currently or at any time in the future, 95 are owned or controlled by the Licensor, and (b) (i) would be an 96 Essential Claim as defined by the W3C Policy as of February 5, 2004 97 (https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential) 98 as if the Specification was a W3C Recommendation; or (ii) are infringed 99 by the Reference Implementation. 100 101 2.11. Reference Implementation. "Reference Implementation" means an Encoder 102 and/or Decoder released by the Alliance for Open Media as a Final 103 Deliverable. 104 105 2.12. Specification. "Specification" means the specification designated by 106 the Alliance for Open Media as a Final Deliverable for which this 107 License was issued. 108