|  | 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 PARTY 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. | 
|  |  |