diff --git a/PATENTS b/PATENTS index caedf607e..d57102a5d 100644 --- a/PATENTS +++ b/PATENTS @@ -1,23 +1,108 @@ -Additional IP Rights Grant (Patents) ------------------------------------- +Alliance for Open Media Patent License 1.0 -"These implementations" means the copyrightable works that implement the WebM -codecs distributed by Google as part of the WebM Project. +1. License Terms. + +1.1. Patent License. Subject to the terms and conditions of this License, each + Licensor, on behalf of itself and successors in interest and assigns, + grants Licensee a non-sublicensable, perpetual, worldwide, non-exclusive, + no-charge, royalty-free, irrevocable (except as expressly stated in this + License) patent license to its Necessary Claims to make, use, sell, offer + for sale, import or distribute any Implementation. + +1.2. Conditions. + +1.2.1. Availability. As a condition to the grant of rights to Licensee to make, + sell, offer for sale, import or distribute an Implementation under + Section 1.1, Licensee must make its Necessary Claims available under + this License, and must reproduce this License with any Implementation + as follows: + + a. For distribution in source code, by including this License in the + root directory of the source code with its Implementation. + + b. For distribution in any other form (including binary, object form, + and/or hardware description code (e.g., HDL, RTL, Gate Level Netlist, + GDSII, etc.)), by including this License in the documentation, legal + notices, and/or other written materials provided with the + Implementation. + +1.2.2. Additional Conditions. This license is directly from Licensor to + Licensee. Licensee acknowledges as a condition of benefiting from it + that no rights from Licensor are received from suppliers, distributors, + or otherwise in connection with this License. + +1.3. Defensive Termination. If any Licensee, its Affiliates, or its agents + initiates patent litigation or files, maintains, or voluntarily + participates in a lawsuit against another entity or any person asserting + that any Implementation infringes Necessary Claims, any patent licenses + granted under this License directly to the Licensee are immediately + terminated as of the date of the initiation of action unless 1) that suit + was in response to a corresponding suit regarding an Implementation first + brought against an initiating entity, or 2) that suit was brought to + enforce the terms of this License (including intervention in a third-party + action by a Licensee). + +1.4. Disclaimers. The Reference Implementation and Specification are provided + "AS IS" and without warranty. The entire risk as to implementing or + otherwise using the Reference Implementation or Specification is assumed + by the implementer and user. Licensor expressly disclaims any warranties + (express, implied, or otherwise), including implied warranties of + merchantability, non-infringement, fitness for a particular purpose, or + title, related to the material. IN NO EVENT WILL LICENSOR BE LIABLE TO + ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, + INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF + ACTION OF ANY KIND WITH RESPECT TO THIS LICENSE, WHETHER BASED ON BREACH + OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR + NOT THE OTHER PARTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. + +2. Definitions. + +2.1. Affiliate. “Affiliate” means an entity that directly or indirectly + Controls, is Controlled by, or is under common Control of that party. + +2.2. Control. “Control” means direct or indirect control of more than 50% of + the voting power to elect directors of that corporation, or for any other + entity, the power to direct management of such entity. + +2.3. Decoder. "Decoder" means any decoder that conforms fully with all + non-optional portions of the Specification. + +2.4. Encoder. "Encoder" means any encoder that produces a bitstream that can + be decoded by a Decoder only to the extent it produces such a bitstream. + +2.5. Final Deliverable. “Final Deliverable” means the final version of a + deliverable approved by the Alliance for Open Media as a Final + Deliverable. + +2.6. Implementation. "Implementation" means any implementation, including the + Reference Implementation, that is an Encoder and/or a Decoder. An + Implementation also includes components of an Implementation only to the + extent they are used as part of an Implementation. + +2.7. License. “License” means this license. + +2.8. Licensee. “Licensee” means any person or entity who exercises patent + rights granted under this License. + +2.9. Licensor. "Licensor" means (i) any Licensee that makes, sells, offers + for sale, imports or distributes any Implementation, or (ii) a person + or entity that has a licensing obligation to the Implementation as a + result of its membership and/or participation in the Alliance for Open + Media working group that developed the Specification. + +2.10. Necessary Claims. "Necessary Claims" means all claims of patents or + patent applications, (a) that currently or at any time in the future, + are owned or controlled by the Licensor, and (b) (i) would be an + Essential Claim as defined by the W3C Policy as of February 5, 2004 + (https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential) + as if the Specification was a W3C Recommendation; or (ii) are infringed + by the Reference Implementation. + +2.11. Reference Implementation. “Reference Implementation” means an Encoder + and/or Decoder released by the Alliance for Open Media as a Final + Deliverable. + +2.12. Specification. “Specification” means the specification designated by + the Alliance for Open Media as a Final Deliverable for which this + License was issued. -Google hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, -royalty-free, irrevocable (except as stated in this section) patent license to -make, have made, use, offer to sell, sell, import, transfer, and otherwise -run, modify and propagate the contents of these implementations of WebM, where -such license applies only to those patent claims, both currently owned by -Google and acquired in the future, licensable by Google that are necessarily -infringed by these implementations of WebM. This grant does not include claims -that would be infringed only as a consequence of further modification of these -implementations. If you or your agent or exclusive licensee institute or order -or agree to the institution of patent litigation or any other patent -enforcement activity against any entity (including a cross-claim or -counterclaim in a lawsuit) alleging that any of these implementations of WebM -or any code incorporated within any of these implementations of WebM -constitute direct or contributory patent infringement, or inducement of -patent infringement, then any patent rights granted to you under this License -for these implementations of WebM shall terminate as of the date such -litigation is filed.