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Adobe Patent License Statement
December 14, 2012
1. This Statement sets forth the terms under which I make certain patent
rights available to you for your Permitted Uses of the Specification. By
your Permitted Uses of the Specification, you have agreed to adhere to the
terms of this Statement. Capitalized terms are defined in the Statement's
last section.
2. Patents.
2.1. Patent Non-Assert.
2.1.1. The Promise. I, on behalf of myself and my successors in interest and
assigns, irrevocably promise not to assert my Granted Claims against you for
your Permitted Uses, subject to and conditioned on the terms and conditions
of this Statement. This is a personal promise 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 promise. This promise also applies to your Permitted Uses of any other
specifications incorporating all required portions of the Specification.
2.1.2. Termination.
2.1.2.1. As a Result of Claims by You. All rights, grants, and promises
made by me to you under this Statement are terminated if you file, maintain,
or voluntarily participate in a lawsuit against me or any person or entity,
asserting that its Permitted Uses infringe any Granted Claims you would have
had the right to enforce had you agreed to this Statement, unless that suit
was in response to a corresponding suit first brought against you by me.
2.1.2.2. As a Result of Claims by a Related Entity of Mine. If a Related
Entity of mine files, maintains, or voluntarily participates in a lawsuit
asserting that a Permitted Use infringes any Granted Claims it would have had
the right to enforce had it agreed to this Statement, then I relinquish any
rights, grants, and promises I have received for the Specification from other
signatories of this Statement, unless a) my promise to you was terminated
pursuant to section 2.1.2.1, or b) that suit was in response to a corresponding
suit first brought by you against the Related Entity.
2.1.3. Additional Conditions. This promise is not an assurance (i) that any
of my copyrights or issued patent claims cover an implementation of the
Specification or are enforceable or (ii) that an implementation of the
Specification would not infringe intellectual property rights of any third
party. Notwithstanding the personal nature of my promise, this promise is
intended to be binding on any future owner, assignee or exclusive licensee
to whom has been given the right to enforce any Granted Claims against third
parties.
2.1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United
States Bankruptcy Code and any equivalent law in any foreign jurisdiction,
this promise will be treated as if it were a license and you may elect to
retain your rights under this promise if I (or any owner of any patents or
patent applications referenced herein), as a debtor in possession, or a
bankruptcy trustee, reject this non-assert.
2.2. Patent License Commitment. In addition to rights granted in 2.1, on
behalf of me and my successors in interest and assigns, I agree to offer
alternative license grant to you to my Granted Claims on reasonable and
non-discriminatory royalty free license terms, where such license applies
only to those Granted Claims infringed by the implementation of the Specification,
solely for your Permitted Uses.
3. No Other Rights. Except as specifically set forth in this Statement, no
other express or implied patent, trademark, copyright, or other property
rights are granted under this Statement, including by implication, waiver,
or estoppel.
4. Antitrust Compliance. I acknowledge that I may compete with other
participants, that I am under no obligation to implement the Specification,
and that each participant is free to develop competing technologies and
standards, and that each party is free to license its patent rights to third
parties, including for the purpose of enabling competing technologies and
standards.
5. Representations, Warranties and Disclaimers. I represent and warrant
that I am legally entitled to grant the rights and promises set forth in this
Statement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS IS." The
entire risk as to implementing or otherwise using the Specification is assumed
by the implementer and user. Except as stated herein, 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. 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. All of my obligations
under Section 2 regarding the transfer, successors in interest, or assignment
of Granted Claims will be satisfied if I notify the transferee or assignee
of any patent that I know contains Granted Claims of the obligations under
Section 2. Nothing in this Statement requires me to undertake a patent search.
6. Definitions.
6.1. Statement. "Statement" means this document, which sets forth the rights,
grants, promises, limitations, conditions, obligations, and disclaimers made
available for the particular Specification.
6.2. Bound Entities. "Bound Entities" means the entity listed below and any
entities that the Bound Entity Controls.
6.3. 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.
6.4. Granted Claims. "Granted Claims" are the patent claims in any of the
patents listed above. Granted Claims include only those patent claims that
are infringed by the implementation of any portions of the Specification where
the Specification describes the functionality causing the infringement in
detail and does not merely reference the functionality causing the infringement.
6.5. I, Me, or My. "I," "me," or "my" refers to the signatory below and
its Bound Entities, if applicable.
6.6. Permitted Uses. "Permitted Uses" means making, using, selling, offering
for sale, importing or distributing any implementation of the Specification
1) only to the extent it implements the Specification and 2) so long as all
required portions of the Specification are implemented. Permitted Uses do not
extend to any portion of an implementation that is not included in the
Specification.
6.7. Related Entities. "Related Entities" means 1) any entity that Controls
the Bound Entity ("Upstream Entity"), and 2) any other entity that is Controlled
by an Upstream Entity that is not itself a Bound Entity.
6.8. Specification. "Specification" means Internet-Draft
draft-thornburgh-adobe-rtmfp.
6.9. You or Your. "You," "you," or "your" means any person or entity who
exercises copyright or patent rights granted under this Statement, and any
person or entity you Control.
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Licensing information, comments, notes, or URL for further information
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Adobe Patent License Statement
December 14, 2012
1. This Statement sets forth the terms under which I make certain patent
rights available to you for your Permitted Uses of the Specification. By
your Permitted Uses of the Specification, you have agreed to adhere to the
terms of this Statement. Capitalized terms are defined in the Statement's
last section.
2. Patents.
2.1. Patent Non-Assert.
2.1.1. The Promise. I, on behalf of myself and my successors in interest and
assigns, irrevocably promise not to assert my Granted Claims against you for
your Permitted Uses, subject to and conditioned on the terms and conditions
of this Statement. This is a personal promise 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 promise. This promise also applies to your Permitted Uses of any other
specifications incorporating all required portions of the Specification.
2.1.2. Termination.
2.1.2.1. As a Result of Claims by You. All rights, grants, and promises
made by me to you under this Statement are terminated if you file, maintain,
or voluntarily participate in a lawsuit against me or any person or entity,
asserting that its Permitted Uses infringe any Granted Claims you would have
had the right to enforce had you agreed to this Statement, unless that suit
was in response to a corresponding suit first brought against you by me.
2.1.2.2. As a Result of Claims by a Related Entity of Mine. If a Related
Entity of mine files, maintains, or voluntarily participates in a lawsuit
asserting that a Permitted Use infringes any Granted Claims it would have had
the right to enforce had it agreed to this Statement, then I relinquish any
rights, grants, and promises I have received for the Specification from other
signatories of this Statement, unless a) my promise to you was terminated
pursuant to section 2.1.2.1, or b) that suit was in response to a corresponding
suit first brought by you against the Related Entity.
2.1.3. Additional Conditions. This promise is not an assurance (i) that any
of my copyrights or issued patent claims cover an implementation of the
Specification or are enforceable or (ii) that an implementation of the
Specification would not infringe intellectual property rights of any third
party. Notwithstanding the personal nature of my promise, this promise is
intended to be binding on any future owner, assignee or exclusive licensee
to whom has been given the right to enforce any Granted Claims against third
parties.
2.1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United
States Bankruptcy Code and any equivalent law in any foreign jurisdiction,
this promise will be treated as if it were a license and you may elect to
retain your rights under this promise if I (or any owner of any patents or
patent applications referenced herein), as a debtor in possession, or a
bankruptcy trustee, reject this non-assert.
2.2. Patent License Commitment. In addition to rights granted in 2.1, on
behalf of me and my successors in interest and assigns, I agree to offer
alternative license grant to you to my Granted Claims on reasonable and
non-discriminatory royalty free license terms, where such license applies
only to those Granted Claims infringed by the implementation of the Specification,
solely for your Permitted Uses.
3. No Other Rights. Except as specifically set forth in this Statement, no
other express or implied patent, trademark, copyright, or other property
rights are granted under this Statement, including by implication, waiver,
or estoppel.
4. Antitrust Compliance. I acknowledge that I may compete with other
participants, that I am under no obligation to implement the Specification,
and that each participant is free to develop competing technologies and
standards, and that each party is free to license its patent rights to third
parties, including for the purpose of enabling competing technologies and
standards.
5. Representations, Warranties and Disclaimers. I represent and warrant
that I am legally entitled to grant the rights and promises set forth in this
Statement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS IS." The
entire risk as to implementing or otherwise using the Specification is assumed
by the implementer and user. Except as stated herein, 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. 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. All of my obligations
under Section 2 regarding the transfer, successors in interest, or assignment
of Granted Claims will be satisfied if I notify the transferee or assignee
of any patent that I know contains Granted Claims of the obligations under
Section 2. Nothing in this Statement requires me to undertake a patent search.
6. Definitions.
6.1. Statement. "Statement" means this document, which sets forth the rights,
grants, promises, limitations, conditions, obligations, and disclaimers made
available for the particular Specification.
6.2. Bound Entities. "Bound Entities" means the entity listed below and any
entities that the Bound Entity Controls.
6.3. 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.
6.4. Granted Claims. "Granted Claims" are the patent claims in any of the
patents listed above. Granted Claims include only those patent claims that
are infringed by the implementation of any portions of the Specification where
the Specification describes the functionality causing the infringement in
detail and does not merely reference the functionality causing the infringement.
6.5. I, Me, or My. "I," "me," or "my" refers to the signatory below and
its Bound Entities, if applicable.
6.6. Permitted Uses. "Permitted Uses" means making, using, selling, offering
for sale, importing or distributing any implementation of the Specification
1) only to the extent it implements the Specification and 2) so long as all
required portions of the Specification are implemented. Permitted Uses do not
extend to any portion of an implementation that is not included in the
Specification.
6.7. Related Entities. "Related Entities" means 1) any entity that Controls
the Bound Entity ("Upstream Entity"), and 2) any other entity that is Controlled
by an Upstream Entity that is not itself a Bound Entity.
6.8. Specification. "Specification" means Internet-Draft
draft-thornburgh-adobe-rtmfp.
6.9. You or Your. "You," "you," or "your" means any person or entity who
exercises copyright or patent rights granted under this Statement, and any
person or entity you Control.
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