Copyright and Patent Licenses for Specification

Copyright License for Specification

Copyright 2005 America Online, Inc. America Online, Inc. grants you permission to reproduce and distribute this Specification, however, any copies you reproduce or distribute must be unmodified from the original, including the text of, or a link to, these Copyright and Patent Licenses in their entirety, and may not constitute derivative works based on the original. All other rights are retained by America Online, Inc.

Patent License

America Online believes it may have certain patent rights that would be applicable to any fully compliant implementation of this Specification. In order to encourage the free and unrestricted development of implementations compliant with this Specification, America Online agrees to provide you with the following Patent License.

BY MAKING, USING, SELLING, OR OTHERWISE DISTRIBUTING A LICENSED IMPLEMENTATION, YOU AGREE TO THE TERMS OF THIS PATENT LICENSE.

1. Reciprocal Grants. America Online, Inc., on behalf of itself and its Affiliates, grants to you ("Licensee") a royalty-free, non-exclusive, non-transferable, non-sublicenseable, worldwide license under its Necessary Claims to make, use, sell, offer to sell, import, and otherwise distribute Licensed Implementations to other Licensed Entities and End Users, subject to a reciprocal grant by you, on behalf of yourself and your Affiliates, to America Online, Inc., its Affiliates, and all other Licensed Entities of a royalty-free, non-exclusive, non-transferable, non-sublicenseable, worldwide license under your Necessary Claims to make, use, sell, offer to sell, import, and otherwise distribute Licensed Implementations and to authorize such Licensed Implementations to be used by End Users.
2. No Other License. No license or right is granted except as expressly set forth herein.
3. Suspension/Termination. America Online, Inc. reserves the right to suspend or terminate this license if you or your Affiliate asserts that America Online, Inc., any of its Affiliates, or any other Licensed Entity infringes any patent claim as a result of or in connection with the use of this Specification or any Licensed Implementation.
4. Definitions.

   "Affiliate" means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party to this agreement ("Party"), so long as such Control exists, where "Control" means beneficial ownership of more than fifty percent (50%) of the voting power or equity in an entity, or the direct or indirect right to manage the business affairs of an entity.

   "End User" means any ultimate end user of a Licensed Implementation for its own personal use and not to develop, distribute, operate for the benefit of others, or use commercially.

   "Licensed Entity" means any person or entity that has agreed to the terms of this Patent License.

   "Licensed Implementation" means only those specific portions of an implementation that are fully compliant with this Specification.

   "Necessary Claims" means those claims of all patents and patent applications, (other than design patents and design registrations), throughout the world, to which a Party or any Affiliate thereof has the right, at any time, to grant hereunder without such grant or the exercise of rights thereunder resulting in an obligation on the part of such Party or Affiliate to pay royalties or other consideration to any third party (except for payments to Affiliates or employees within the scope of their employment): (i) which are necessarily infringed by an implementation of this Specification where such infringement could not have been avoided by another commercially reasonable noninfringing implementation of this Specification, or (ii) for which infringement is based upon an implementation of any example included in the body of this Specification. Necessary Claims shall not include any claim other than as set forth above even if such claim is contained in the same patent as a Necessary Claim. Moreover, Necessary Claims shall not include claims that read on: (i) the implementation of separate published standards or specifications (including, for example and without limitation, MPEG 4, IETF and other standards) which may be referred to, incorporated by reference, or included in this Specification, or (ii) enabling technologies (including, for example and without limitation, operating systems, microprocessors, and software platforms) that may be necessary to make or use any product or portion thereof that complies with this Specification, but which are not expressly set forth in this Specification.

5. Disclaimer of Warranties; Limitation of Liability. THIS SPECIFICATION IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SPECIFICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. Miscellaneous. This License is made under, and shall be construed according to, the laws of the Commonwealth of Virginia, excluding its conflicts of laws principles. Any notice or other communication under this License shall be given in writing, if to America Online, Inc. at 22000 AOL Way, Dulles, VA 20166, and if to Licensee, at such address as America Online, Inc. can reasonably ascertain. In the event that any provision of this License conflicts with the law under which this License is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this License, such provision shall be deemed to be restated to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this License shall remain in full force and effect.