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-Alliance for Open Media Patent License 1.0
-
-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.
-