2017-01-26 12:56:40 +00:00
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Additional Grant of Patent Rights Version 2
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2017-11-30 11:56:25 +00:00
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"Software" means the Metro software distributed by Facebook, Inc.
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2017-01-26 12:56:40 +00:00
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Facebook, Inc. (“Facebook”) hereby grants to each recipient of the Software
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(“you”) a perpetual, worldwide, royalty-free, non-exclusive, irrevocable
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(subject to the termination provision below) license under any Necessary
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Claims, to make, have made, use, sell, offer to sell, import, and otherwise
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transfer the Software. For avoidance of doubt, no license is granted under
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Facebook's rights in any patent claims that are infringed by (i) modifications
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to the Software made by you or any third party or (ii) the Software in
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combination with any software or other technology.
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The license granted hereunder will terminate, automatically and without notice,
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if you (or any of your subsidiaries, corporate affiliates or agents) initiate
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directly or indirectly, or take a direct financial interest in, any Patent
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Assertion: (i) against Facebook or any of its subsidiaries or corporate
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affiliates, (ii) against any party if such Patent Assertion arises in whole or
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in part from any software, technology, product or service of Facebook or any of
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its subsidiaries or corporate affiliates, or (iii) against any party relating
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to the Software. Notwithstanding the foregoing, if Facebook or any of its
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subsidiaries or corporate affiliates files a lawsuit alleging patent
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infringement against you in the first instance, and you respond by filing a
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patent infringement counterclaim in that lawsuit against that party that is
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unrelated to the Software, the license granted hereunder will not terminate
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under section (i) of this paragraph due to such counterclaim.
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A "Necessary Claim" is a claim of a patent owned by Facebook that is
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necessarily infringed by the Software standing alone.
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A "Patent Assertion" is any lawsuit or other action alleging direct, indirect,
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or contributory infringement or inducement to infringe any patent, including a
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cross-claim or counterclaim.
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