AOM-Patent-License-1.0 5.6 KB

123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108
  1. Alliance for Open Media Patent License 1.0
  2. 1. License Terms.
  3. 1.1. Patent License. Subject to the terms and conditions of this License, each
  4. Licensor, on behalf of itself and successors in interest and assigns,
  5. grants Licensee a non-sublicensable, perpetual, worldwide, non-exclusive,
  6. no-charge, royalty-free, irrevocable (except as expressly stated in this
  7. License) patent license to its Necessary Claims to make, use, sell, offer
  8. for sale, import or distribute any Implementation.
  9. 1.2. Conditions.
  10. 1.2.1. Availability. As a condition to the grant of rights to Licensee to make,
  11. sell, offer for sale, import or distribute an Implementation under
  12. Section 1.1, Licensee must make its Necessary Claims available under
  13. this License, and must reproduce this License with any Implementation
  14. as follows:
  15. a. For distribution in source code, by including this License in the
  16. root directory of the source code with its Implementation.
  17. b. For distribution in any other form (including binary, object form,
  18. and/or hardware description code (e.g., HDL, RTL, Gate Level Netlist,
  19. GDSII, etc.)), by including this License in the documentation, legal
  20. notices, and/or other written materials provided with the
  21. Implementation.
  22. 1.2.2. Additional Conditions. This license is directly from Licensor to
  23. Licensee. Licensee acknowledges as a condition of benefiting from it
  24. that no rights from Licensor are received from suppliers, distributors,
  25. or otherwise in connection with this License.
  26. 1.3. Defensive Termination. If any Licensee, its Affiliates, or its agents
  27. initiates patent litigation or files, maintains, or voluntarily
  28. participates in a lawsuit against another entity or any person asserting
  29. that any Implementation infringes Necessary Claims, any patent licenses
  30. granted under this License directly to the Licensee are immediately
  31. terminated as of the date of the initiation of action unless 1) that suit
  32. was in response to a corresponding suit regarding an Implementation first
  33. brought against an initiating entity, or 2) that suit was brought to
  34. enforce the terms of this License (including intervention in a third-party
  35. action by a Licensee).
  36. 1.4. Disclaimers. The Reference Implementation and Specification are provided
  37. "AS IS" and without warranty. The entire risk as to implementing or
  38. otherwise using the Reference Implementation or Specification is assumed
  39. by the implementer and user. Licensor expressly disclaims any warranties
  40. (express, implied, or otherwise), including implied warranties of
  41. merchantability, non-infringement, fitness for a particular purpose, or
  42. title, related to the material. IN NO EVENT WILL LICENSOR BE LIABLE TO
  43. ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL,
  44. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF
  45. ACTION OF ANY KIND WITH RESPECT TO THIS LICENSE, WHETHER BASED ON BREACH
  46. OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR
  47. NOT THE OTHER PARTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  48. 2. Definitions.
  49. 2.1. Affiliate. "Affiliate" means an entity that directly or indirectly
  50. Controls, is Controlled by, or is under common Control of that party.
  51. 2.2. Control. "Control" means direct or indirect control of more than 50% of
  52. the voting power to elect directors of that corporation, or for any other
  53. entity, the power to direct management of such entity.
  54. 2.3. Decoder. "Decoder" means any decoder that conforms fully with all
  55. non-optional portions of the Specification.
  56. 2.4. Encoder. "Encoder" means any encoder that produces a bitstream that can
  57. be decoded by a Decoder only to the extent it produces such a bitstream.
  58. 2.5. Final Deliverable. "Final Deliverable" means the final version of a
  59. deliverable approved by the Alliance for Open Media as a Final
  60. Deliverable.
  61. 2.6. Implementation. "Implementation" means any implementation, including the
  62. Reference Implementation, that is an Encoder and/or a Decoder. An
  63. Implementation also includes components of an Implementation only to the
  64. extent they are used as part of an Implementation.
  65. 2.7. License. "License" means this license.
  66. 2.8. Licensee. "Licensee" means any person or entity who exercises patent
  67. rights granted under this License.
  68. 2.9. Licensor. "Licensor" means (i) any Licensee that makes, sells, offers
  69. for sale, imports or distributes any Implementation, or (ii) a person
  70. or entity that has a licensing obligation to the Implementation as a
  71. result of its membership and/or participation in the Alliance for Open
  72. Media working group that developed the Specification.
  73. 2.10. Necessary Claims. "Necessary Claims" means all claims of patents or
  74. patent applications, (a) that currently or at any time in the future,
  75. are owned or controlled by the Licensor, and (b) (i) would be an
  76. Essential Claim as defined by the W3C Policy as of February 5, 2004
  77. (https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential)
  78. as if the Specification was a W3C Recommendation; or (ii) are infringed
  79. by the Reference Implementation.
  80. 2.11. Reference Implementation. "Reference Implementation" means an Encoder
  81. and/or Decoder released by the Alliance for Open Media as a Final
  82. Deliverable.
  83. 2.12. Specification. "Specification" means the specification designated by
  84. the Alliance for Open Media as a Final Deliverable for which this
  85. License was issued.