Andrew Geissler | a2681d9 | 2020-10-16 10:17:07 -0500 | [diff] [blame] | 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 PARTRY 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 | |