| **Alliance for Open Media Patent License 1.0** |
| |
| 1. **License Terms.** |
| |
| **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. |
| |
| **Conditions.** |
| |
| *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. |
| |
| *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. |
| |
| **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). |
| |
| **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.** |
| |
| **Affiliate.** "Affiliate" means an entity that directly or indirectly |
| Controls, is Controlled by, or is under common Control of that party. |
| |
| **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. |
| |
| **Decoder.** "Decoder" means any decoder that conforms fully with all |
| non-optional portions of the Specification. |
| |
| **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. |
| |
| **Final Deliverable.** "Final Deliverable" means the final version of a |
| deliverable approved by the Alliance for Open Media as a Final |
| Deliverable. |
| |
| **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. |
| |
| **License.** "License" means this license. |
| |
| **Licensee.** "Licensee" means any person or entity who exercises patent |
| rights granted under this License. |
| |
| **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. |
| |
| **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. |
| |
| **Reference Implementation.** "Reference Implementation" means an Encoder |
| and/or Decoder released by the Alliance for Open Media as a Final |
| Deliverable. |
| |
| **Specification.** "Specification" means the specification designated by |
| the Alliance for Open Media as a Final Deliverable for which this |
| License was issued. |