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1. Patent Terms.
1.1. Specification License. Subject to all the terms and conditions of this Agreement, I hereby grant you a non-sublicensable, perpetual, worldwide, non-exclusive, royalty-free license to my Necessary Claims solely for your Implementation.
1.2.1. Availability. If you own or control Necessary Claims, the license set forth in Section 1 is subject to and will become effective starting on the date that you make a binding, irrevocable, worldwide public commitment to license, on reasonable and non-discriminatory royalty-free licensing terms, your Necessary Claims to all implementers for Implementations, where the terms of this Agreement satisfy any reciprocity requirements in your reasonable and non-discriminatory royalty-free licensing terms. The license set forth in Section 1 will remain in effect so long as you continue to make such claims available for Implementations under reasonable and non-discriminatory royalty-free licensing terms. In addition, as a condition of the license set forth in Section 1, you acknowledge and agree that you have not and will not knowingly take any action for the purpose of circumventing the conditions in this Section 1. Notwithstanding the foregoing, you are not required to make the commitments set forth in this Section 1.2.1 if you are infringing Necessary Claims as a result of merely using an Implementation as an end-user.
1.2.2. Additional Conditions. This license is directly from me to you and you acknowledge as a condition of benefiting from it that no rights from me are received from suppliers, distributors, or otherwise in connection with this license. This license is not an assurance (i) that any of my issued patent claims covers an Implementation or are enforceable or (ii) that an Implementation would not infringe intellectual property rights of any third party. No other rights except those expressly stated in this Agreement shall be deemed granted, waived or received by implication, exhaustion, estoppel, or otherwise.
1.3. Termination. All rights, licenses, and promises made by me to you under Section 1 are immediately terminated if you or your agent file, maintain, or voluntarily participate in a lawsuit against me or any person or entity asserting that its Implementation infringes Necessary Claims, unless that suit was in response to a corresponding suit regarding an Implementation first brought against you. In addition, all rights, licenses, and promises made by me to you under Section 1 are terminated if you, your agent, or successor-in-interest seek to license Necessary Claims for Implementations on a royalty-bearing basis, unless that royalty-bearing licensing activity is in addition to, and not in lieu of, reasonable and non-discriminatory royalty-free licensing terms for Necessary Claims for Implementations. This Agreement may also be terminated, including back to the date of non-compliance, because of non-compliance with any other term or condition of this Agreement.
2. Patent License Commitment. In addition to the terms set forth in Section 1, I agree to offer alternative reasonable and non-discriminatory royalty-bearing licensing terms to my Necessary Claims solely for your Implementation.
3. Disclaimers. I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. The entire risk as to implementing or otherwise using the Specification or Implementation is assumed by the implementer and user. IN NO EVENT WILL ANY PARTY 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 AGREEMENT, 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. Nothing in this Agreement requires me to undertake a patent search.
4.1. Agreement. “Agreement” means this document, which sets forth the rights, licenses, limitations, conditions, obligations, and disclaimers made available for the particular Specification.
4.2. 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.
4.3. Implementation. “Implementation” means making, using, selling, offering for sale, importing or distributing any conformant implementation of the Specification (i) only to the extent it implements the Specification and (ii) so long as all required portions of the Specification are implemented.
4.4. I, Me, or My. “I,” “me,” or “my” refers to the party making this declaration, and any entity that I Control.
4.5. Necessary Claims. “Necessary Claims” are those patent claims that a party owns (including those patent claims owned by an entity I Control), including those claims acquired after the date of this declaration, (i) that are necessary to implement the required portions (including the required elements of optional portions) of the Specification, (ii) that are described in detail and not merely referenced in the Specification, and (iii) where there is no technically non-infringing alternative to those patent claims. Necessary Claims do not include any claims infringed by enabling technologies or other standards or specifications referenced by the Specification even if necessary to make or use a product that conforms to the Specification.
4.6. Specification. “Specification” means the RFC identified in this disclosure.
4.7. You or Your. “You,” “you,” or “your” means any person or entity who exercises patent rights granted under this Agreement, and any person or entity you Control.