Use AOMedia's Patents and LICENSE files
Change-Id: Icb53448442a8f341af3799d873e2fd6f3db5fbe2
diff --git a/PATENTS b/PATENTS
index caedf60..be491f5 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.
-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.
+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.
+
