AOM Specific PATENTS file

Change-Id: I367c7866fd69fd037ef28c0f45829a0492717b5d

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
+1. License Terms.
-codecs distributed by Google as part of the WebM Project.
+
+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.