1*c0909341SAndroid Build Coastguard WorkerAlliance for Open Media Patent License 1.0 2*c0909341SAndroid Build Coastguard Worker 3*c0909341SAndroid Build Coastguard Worker1. License Terms. 4*c0909341SAndroid Build Coastguard Worker 5*c0909341SAndroid Build Coastguard Worker1.1. Patent License. Subject to the terms and conditions of this License, each 6*c0909341SAndroid Build Coastguard Worker Licensor, on behalf of itself and successors in interest and assigns, 7*c0909341SAndroid Build Coastguard Worker grants Licensee a non-sublicensable, perpetual, worldwide, non-exclusive, 8*c0909341SAndroid Build Coastguard Worker no-charge, royalty-free, irrevocable (except as expressly stated in this 9*c0909341SAndroid Build Coastguard Worker License) patent license to its Necessary Claims to make, use, sell, offer 10*c0909341SAndroid Build Coastguard Worker for sale, import or distribute any Implementation. 11*c0909341SAndroid Build Coastguard Worker 12*c0909341SAndroid Build Coastguard Worker1.2. Conditions. 13*c0909341SAndroid Build Coastguard Worker 14*c0909341SAndroid Build Coastguard Worker1.2.1. Availability. As a condition to the grant of rights to Licensee to make, 15*c0909341SAndroid Build Coastguard Worker sell, offer for sale, import or distribute an Implementation under 16*c0909341SAndroid Build Coastguard Worker Section 1.1, Licensee must make its Necessary Claims available under 17*c0909341SAndroid Build Coastguard Worker this License, and must reproduce this License with any Implementation 18*c0909341SAndroid Build Coastguard Worker as follows: 19*c0909341SAndroid Build Coastguard Worker 20*c0909341SAndroid Build Coastguard Worker a. For distribution in source code, by including this License in the 21*c0909341SAndroid Build Coastguard Worker root directory of the source code with its Implementation. 22*c0909341SAndroid Build Coastguard Worker 23*c0909341SAndroid Build Coastguard Worker b. For distribution in any other form (including binary, object form, 24*c0909341SAndroid Build Coastguard Worker and/or hardware description code (e.g., HDL, RTL, Gate Level Netlist, 25*c0909341SAndroid Build Coastguard Worker GDSII, etc.)), by including this License in the documentation, legal 26*c0909341SAndroid Build Coastguard Worker notices, and/or other written materials provided with the 27*c0909341SAndroid Build Coastguard Worker Implementation. 28*c0909341SAndroid Build Coastguard Worker 29*c0909341SAndroid Build Coastguard Worker1.2.2. Additional Conditions. This license is directly from Licensor to 30*c0909341SAndroid Build Coastguard Worker Licensee. Licensee acknowledges as a condition of benefiting from it 31*c0909341SAndroid Build Coastguard Worker that no rights from Licensor are received from suppliers, distributors, 32*c0909341SAndroid Build Coastguard Worker or otherwise in connection with this License. 33*c0909341SAndroid Build Coastguard Worker 34*c0909341SAndroid Build Coastguard Worker1.3. Defensive Termination. If any Licensee, its Affiliates, or its agents 35*c0909341SAndroid Build Coastguard Worker initiates patent litigation or files, maintains, or voluntarily 36*c0909341SAndroid Build Coastguard Worker participates in a lawsuit against another entity or any person asserting 37*c0909341SAndroid Build Coastguard Worker that any Implementation infringes Necessary Claims, any patent licenses 38*c0909341SAndroid Build Coastguard Worker granted under this License directly to the Licensee are immediately 39*c0909341SAndroid Build Coastguard Worker terminated as of the date of the initiation of action unless 1) that suit 40*c0909341SAndroid Build Coastguard Worker was in response to a corresponding suit regarding an Implementation first 41*c0909341SAndroid Build Coastguard Worker brought against an initiating entity, or 2) that suit was brought to 42*c0909341SAndroid Build Coastguard Worker enforce the terms of this License (including intervention in a third-party 43*c0909341SAndroid Build Coastguard Worker action by a Licensee). 44*c0909341SAndroid Build Coastguard Worker 45*c0909341SAndroid Build Coastguard Worker1.4. Disclaimers. The Reference Implementation and Specification are provided 46*c0909341SAndroid Build Coastguard Worker "AS IS" and without warranty. The entire risk as to implementing or 47*c0909341SAndroid Build Coastguard Worker otherwise using the Reference Implementation or Specification is assumed 48*c0909341SAndroid Build Coastguard Worker by the implementer and user. Licensor expressly disclaims any warranties 49*c0909341SAndroid Build Coastguard Worker (express, implied, or otherwise), including implied warranties of 50*c0909341SAndroid Build Coastguard Worker merchantability, non-infringement, fitness for a particular purpose, or 51*c0909341SAndroid Build Coastguard Worker title, related to the material. IN NO EVENT WILL LICENSOR BE LIABLE TO 52*c0909341SAndroid Build Coastguard Worker ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, 53*c0909341SAndroid Build Coastguard Worker INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF 54*c0909341SAndroid Build Coastguard Worker ACTION OF ANY KIND WITH RESPECT TO THIS LICENSE, WHETHER BASED ON BREACH 55*c0909341SAndroid Build Coastguard Worker OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR 56*c0909341SAndroid Build Coastguard Worker NOT THE OTHER PARTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 57*c0909341SAndroid Build Coastguard Worker 58*c0909341SAndroid Build Coastguard Worker2. Definitions. 59*c0909341SAndroid Build Coastguard Worker 60*c0909341SAndroid Build Coastguard Worker2.1. Affiliate. “Affiliate” means an entity that directly or indirectly 61*c0909341SAndroid Build Coastguard Worker Controls, is Controlled by, or is under common Control of that party. 62*c0909341SAndroid Build Coastguard Worker 63*c0909341SAndroid Build Coastguard Worker2.2. Control. “Control” means direct or indirect control of more than 50% of 64*c0909341SAndroid Build Coastguard Worker the voting power to elect directors of that corporation, or for any other 65*c0909341SAndroid Build Coastguard Worker entity, the power to direct management of such entity. 66*c0909341SAndroid Build Coastguard Worker 67*c0909341SAndroid Build Coastguard Worker2.3. Decoder. "Decoder" means any decoder that conforms fully with all 68*c0909341SAndroid Build Coastguard Worker non-optional portions of the Specification. 69*c0909341SAndroid Build Coastguard Worker 70*c0909341SAndroid Build Coastguard Worker2.4. Encoder. "Encoder" means any encoder that produces a bitstream that can 71*c0909341SAndroid Build Coastguard Worker be decoded by a Decoder only to the extent it produces such a bitstream. 72*c0909341SAndroid Build Coastguard Worker 73*c0909341SAndroid Build Coastguard Worker2.5. Final Deliverable. “Final Deliverable” means the final version of a 74*c0909341SAndroid Build Coastguard Worker deliverable approved by the Alliance for Open Media as a Final 75*c0909341SAndroid Build Coastguard Worker Deliverable. 76*c0909341SAndroid Build Coastguard Worker 77*c0909341SAndroid Build Coastguard Worker2.6. Implementation. "Implementation" means any implementation, including the 78*c0909341SAndroid Build Coastguard Worker Reference Implementation, that is an Encoder and/or a Decoder. An 79*c0909341SAndroid Build Coastguard Worker Implementation also includes components of an Implementation only to the 80*c0909341SAndroid Build Coastguard Worker extent they are used as part of an Implementation. 81*c0909341SAndroid Build Coastguard Worker 82*c0909341SAndroid Build Coastguard Worker2.7. License. “License” means this license. 83*c0909341SAndroid Build Coastguard Worker 84*c0909341SAndroid Build Coastguard Worker2.8. Licensee. “Licensee” means any person or entity who exercises patent 85*c0909341SAndroid Build Coastguard Worker rights granted under this License. 86*c0909341SAndroid Build Coastguard Worker 87*c0909341SAndroid Build Coastguard Worker2.9. Licensor. "Licensor" means (i) any Licensee that makes, sells, offers 88*c0909341SAndroid Build Coastguard Worker for sale, imports or distributes any Implementation, or (ii) a person 89*c0909341SAndroid Build Coastguard Worker or entity that has a licensing obligation to the Implementation as a 90*c0909341SAndroid Build Coastguard Worker result of its membership and/or participation in the Alliance for Open 91*c0909341SAndroid Build Coastguard Worker Media working group that developed the Specification. 92*c0909341SAndroid Build Coastguard Worker 93*c0909341SAndroid Build Coastguard Worker2.10. Necessary Claims. "Necessary Claims" means all claims of patents or 94*c0909341SAndroid Build Coastguard Worker patent applications, (a) that currently or at any time in the future, 95*c0909341SAndroid Build Coastguard Worker are owned or controlled by the Licensor, and (b) (i) would be an 96*c0909341SAndroid Build Coastguard Worker Essential Claim as defined by the W3C Policy as of February 5, 2004 97*c0909341SAndroid Build Coastguard Worker (https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential) 98*c0909341SAndroid Build Coastguard Worker as if the Specification was a W3C Recommendation; or (ii) are infringed 99*c0909341SAndroid Build Coastguard Worker by the Reference Implementation. 100*c0909341SAndroid Build Coastguard Worker 101*c0909341SAndroid Build Coastguard Worker2.11. Reference Implementation. “Reference Implementation” means an Encoder 102*c0909341SAndroid Build Coastguard Worker and/or Decoder released by the Alliance for Open Media as a Final 103*c0909341SAndroid Build Coastguard Worker Deliverable. 104*c0909341SAndroid Build Coastguard Worker 105*c0909341SAndroid Build Coastguard Worker2.12. Specification. “Specification” means the specification designated by 106*c0909341SAndroid Build Coastguard Worker the Alliance for Open Media as a Final Deliverable for which this 107*c0909341SAndroid Build Coastguard Worker License was issued. 108*c0909341SAndroid Build Coastguard Worker 109