1+ ---
2+ key: alliance-open-media-patent-1.0
3+ short_name: Open Media Patent 1.0
4+ name: Alliance for Open Media Patent License 1.0
5+ category: Patent License
6+ owner: Alliance for Open Media
7+ homepage_url: https://aomedia.org/license/patent-license/
8+ spdx_license_key: LicenseRef-scancode-alliance-open-media-patent-1.0
9+ other_urls:
10+ - https://aomedia.org/docs/AOM_W3C_Mode_and_the_AOM_Patent_License_1.0.pdf
11+ ignorable_urls:
12+ - https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential
13+ ---
14+
15+ Alliance for Open Media Patent License 1.0
16+
17+ 1. License Terms.
18+
19+ 1.1. Patent License. Subject to the terms and conditions of this License, each
20+ Licensor, on behalf of itself and successors in interest and assigns,
21+ grants Licensee a non-sublicensable, perpetual, worldwide, non-exclusive,
22+ no-charge, royalty-free, irrevocable (except as expressly stated in this
23+ License) patent license to its Necessary Claims to make, use, sell, offer
24+ for sale, import or distribute any Implementation.
25+
26+ 1.2. Conditions.
27+
28+ 1.2.1. Availability. As a condition to the grant of rights to Licensee to make,
29+ sell, offer for sale, import or distribute an Implementation under
30+ Section 1.1, Licensee must make its Necessary Claims available under
31+ this License, and must reproduce this License with any Implementation
32+ as follows:
33+
34+ a. For distribution in source code, by including this License in the
35+ root directory of the source code with its Implementation.
36+
37+ b. For distribution in any other form (including binary, object form,
38+ and/or hardware description code (e.g., HDL, RTL, Gate Level Netlist,
39+ GDSII, etc.)), by including this License in the documentation, legal
40+ notices, and/or other written materials provided with the
41+ Implementation.
42+
43+ 1.2.2. Additional Conditions. This license is directly from Licensor to
44+ Licensee. Licensee acknowledges as a condition of benefiting from it
45+ that no rights from Licensor are received from suppliers, distributors,
46+ or otherwise in connection with this License.
47+
48+ 1.3. Defensive Termination. If any Licensee, its Affiliates, or its agents
49+ initiates patent litigation or files, maintains, or voluntarily
50+ participates in a lawsuit against another entity or any person asserting
51+ that any Implementation infringes Necessary Claims, any patent licenses
52+ granted under this License directly to the Licensee are immediately
53+ terminated as of the date of the initiation of action unless 1) that suit
54+ was in response to a corresponding suit regarding an Implementation first
55+ brought against an initiating entity, or 2) that suit was brought to
56+ enforce the terms of this License (including intervention in a third-party
57+ action by a Licensee).
58+
59+ 1.4. Disclaimers. The Reference Implementation and Specification are provided
60+ "AS IS" and without warranty. The entire risk as to implementing or
61+ otherwise using the Reference Implementation or Specification is assumed
62+ by the implementer and user. Licensor expressly disclaims any warranties
63+ (express, implied, or otherwise), including implied warranties of
64+ merchantability, non-infringement, fitness for a particular purpose, or
65+ title, related to the material. IN NO EVENT WILL LICENSOR BE LIABLE TO
66+ ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL,
67+ INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF
68+ ACTION OF ANY KIND WITH RESPECT TO THIS LICENSE, WHETHER BASED ON BREACH
69+ OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR
70+ NOT THE OTHER PARTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
71+
72+ 2. Definitions.
73+
74+ 2.1. Affiliate. "Affiliate" means an entity that directly or indirectly
75+ Controls, is Controlled by, or is under common Control of that party.
76+
77+ 2.2. Control. "Control" means direct or indirect control of more than 50% of
78+ the voting power to elect directors of that corporation, or for any other
79+ entity, the power to direct management of such entity.
80+
81+ 2.3. Decoder. "Decoder" means any decoder that conforms fully with all
82+ non-optional portions of the Specification.
83+
84+ 2.4. Encoder. "Encoder" means any encoder that produces a bitstream that can
85+ be decoded by a Decoder only to the extent it produces such a bitstream.
86+
87+ 2.5. Final Deliverable. "Final Deliverable" means the final version of a
88+ deliverable approved by the Alliance for Open Media as a Final
89+ Deliverable.
90+
91+ 2.6. Implementation. "Implementation" means any implementation, including the
92+ Reference Implementation, that is an Encoder and/or a Decoder. An
93+ Implementation also includes components of an Implementation only to the
94+ extent they are used as part of an Implementation.
95+
96+ 2.7. License. "License" means this license.
97+
98+ 2.8. Licensee. "Licensee" means any person or entity who exercises patent
99+ rights granted under this License.
100+
101+ 2.9. Licensor. "Licensor" means (i) any Licensee that makes, sells, offers
102+ for sale, imports or distributes any Implementation, or (ii) a person
103+ or entity that has a licensing obligation to the Implementation as a
104+ result of its membership and/or participation in the Alliance for Open
105+ Media working group that developed the Specification.
106+
107+ 2.10. Necessary Claims. "Necessary Claims" means all claims of patents or
108+ patent applications, (a) that currently or at any time in the future,
109+ are owned or controlled by the Licensor, and (b) (i) would be an
110+ Essential Claim as defined by the W3C Policy as of February 5, 2004
111+ (https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential)
112+ as if the Specification was a W3C Recommendation; or (ii) are infringed
113+ by the Reference Implementation.
114+
115+ 2.11. Reference Implementation. "Reference Implementation" means an Encoder
116+ and/or Decoder released by the Alliance for Open Media as a Final
117+ Deliverable.
118+
119+ 2.12. Specification. "Specification" means the specification designated by
120+ the Alliance for Open Media as a Final Deliverable for which this
121+ License was issued.
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