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