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PATENTS
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Open Binaural Renderer Patent License 1.0
License Terms.
1.1. Patent License. Subject to the terms and conditions of this License, each
Licensor, on behalf of itself, its subsidiaries and their successors in
interest and assigns, grants Licensee a non-sublicensable, worldwide,
non-exclusive, irrevocable (except as expressly stated in this License)
patent license, under its Necessary Claims to make, use, sell, offer for
sale, import or distribute the Software.
1.2. Conditions.
1.2.1. Availability. As a condition to the grant of rights to Licensee to make,
sell, offer for sale, import or distribute the Software under Section
1.1, Licensee must license its Necessary Claims available under this
License, and Licensee must reproduce this License with the Software as
follows:
a. For distribution in source code, by including this License in the
root directory of the source code with the Software.
b. For distribution in any other form (including in hardware or in
binary, object form, and/or hardware description code (e.g., HDL,
RTL, Gate Level Netlist, GDSII, etc.)), by including this License in
the documentation, legal notices, and/or other written materials,
whether in softcopy or hardcopy form or by providing a website link
thereto provided with such Software.
1.2.2. Additional Conditions and Acknowledgements. This license is directly
from Licensor to Licensee. Licensee acknowledges as a condition of
benefiting from the License that no rights are received under this
License from any other parties, including parties performing activities
on behalf of Licensor or its subsidiaries.
1.2.3. No-Charge Nature of this License. Licensor and Licensee each acknowledge
and agree that the rights granted and/or the obligations undertaken by
the other party have value, including monetary value, and that the value
provided by Licensor and the value provided by Licensee under this
License are equal and do not require additional monetary compensation.
Absent such exchange of value, the license granted in Section 1.1 would
not be of a no-charge basis.
1.3. Defensive Termination. If any Licensee, its Affiliates, or its agents
initiate or file, maintain, or voluntarily participate in an Action
against another entity or any person (“Litigating Entity”), all rights
granted under this License to Licensee and its Affiliates are immediately
terminated as of the date of the initiation of such Action unless
1) initiation of such Action was in response to a corresponding Action
first brought against such Litigating Entity, or 2) that Action was
brought to enforce the terms of this License (including intervention in a
third-party action by a Licensee).
1.4. Disclaimers. The Software and Specification are provided “AS IS” and
without warranty. The entire risk as to implementing or otherwise using
the Software or Specification is assumed by the implementer and user.
Licensor expressly disclaims any warranties (express, implied, or
otherwise), including implied warranties of merchantability,
non-infringement, fitness for a particular purpose, or title, related to
the material. IN NO EVENT WILL LICENSOR 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 LICENSE, 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.
Definitions.
2.1. Action. “Action” means any lawsuits, actions, claims, demands or other
similar proceedings before a court or a tribunal asserting a claim that an
implementation or use of the Software directly or indirectly infringes a
patent, including a patent infringement litigation, an arbitration
regarding patent infringement, a patent infringement matter brought before
an administrative agency (such as the United States International Trade
Commission), including those matters seeking exclusion orders or
injunctive relief, or other similar proceedings.
2.2. Affiliate. “Affiliate” means an entity that directly or indirectly
Controls, is Controlled by, or is under common Control of that party.
2.3. 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.
2.4. License. “License” means this Open Binaural Renderer Patent License 1.0.
2.5. Licensee. “Licensee” means any person or entity who uses, makes, sells,
offers for sale, imports or distributes the Software.
2.6. Licensor. “Licensor” means (i) Google LLC or (ii) any Licensee that makes,
sells, offers for sale, imports or distributes the Software.
2.7. Necessary Claims. “Necessary Claims” means, with respect to a person or
entity, all claims of patents or patent applications, (a) that currently
or at any time in the future, are owned or controlled by such person or by
such entity or its subsidiaries, and (b) (i) that would be an Essential
Claim as defined by the W3C Policy as of February 5, 2004
(https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential) as
if the Specification was a W3C Recommendation; or (ii) that are infringed
by the Software.
2.8. Software. “Software” means the open binaural renderer released by Google
LLC that may be used with the Alliance for Open Media's Immersive Audio
Model and Formats (IAMF) specification.
2.9. Specification. “Specification” means (i) the Software or (ii) any
canonical written document released by Google or the Alliance for Open
Media that defines the complete operational parameters and instructions
for the Software.