| 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. | |