APPENDIX A – APACHE LICENSE TEXT

 

A full copy of the Apache License (version 2.0) is set forth below.

Apache License, Version 2.0 (full text)

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END OF TERMS AND CONDITIONS FOR APACHE 2.0

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APPENDIX B – LGPL 2.0 License

LGPL Licenses Description and recitation.

LGPL 2.0 

GNU LIBRARY GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.  Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

Preamble

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END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Libraries

If you develop a new library, and you want it to be of the greatest
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<one line to give the library's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>

This library is free software; you can redistribute it and/or
modify it under the terms of the GNU Library General Public
License as published by the Free Software Foundation; either
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This library is distributed in the hope that it will be useful,
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You should have received a copy of the GNU Library General Public
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Also add information on how to contact you by electronic and paper mail.

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Yoyodyne, Inc., hereby disclaims all copyright interest in the
library `Frob' (a library for tweaking knobs) written by James Random Hacker.

<signature of Ty Coon>, 1 April 1990
Ty Coon, President of Vice

That's all there is to it!

 

 

APPENDIX C – TEXT OF LGPL 2.1 LICENSE

 

******************************************************************************

LPGL 2.1

GNU Lesser General Public License
Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.

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To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.

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Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.

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TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

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END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Libraries

If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License).

 

To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

<one line to give the library's name and an idea of what it does.> Copyright (C) <year> <name of author>

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Also add information on how to contact you by electronic and paper mail.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob' (a library for tweaking knobs) written by James Random Hacker.

signature of Ty Coon, 1 April 1990
Ty Coon, President of Vice

That's all there is to it!

 

APPENDIX D – LGPL 3.0 LICENSE TEXT

LGPL 3.0

GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007

Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.

0. Additional Definitions.

As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.

“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.

An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.

A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.

The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.

The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.

1. Exception to Section 3 of the GNU GPL.

You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.

2. Conveying Modified Versions.

If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:

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3. Object Code Incorporating Material from Library Header Files.

The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:

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4. Combined Works.

You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:

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5. Combined Libraries.

You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:

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  • b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.

6. Revised Versions of the GNU Lesser General Public License.

The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.

If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.

 

 

APPENDIX E – ECLIPSE PUBLIC LICENSE TEXT

Text for Eclipse Public License - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

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b) in the case of each subsequent Contributor:

i) changes to the Program, and

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where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

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2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

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iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

  

 

APPENDIX F – OPUS CODEC LICENSING

A. Xiph.org patent terms

License Grant. Xiph.Org Foundation (“Xiph”) hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this license) license under Licensed Patents to make, have made, use, offer to sell, sell, import, transfer, and otherwise run, modify (in a way that still complies with the Specification), and reproduce any Implementation.

Definitions. Specification means, and includes the following, both individually and collectively, (a) any standard specification of the Opus codec adopted by the IETF Codec Working Group (“Standard”) and (b) any reference implementation (each, a “Reference Implementation”) published by the IETF Codec Working Group in the request for comments (“RFC”) issued by the IETF for the Specification draft for which this License is issued, or any RFC that is issued as an update or new version thereof. An Implementation means any Reference Implementation, or another implementation that complies with the Specification. Licensed Patents means all patents currently owned by Xiph or acquired hereafter that Xiph has the right to license as set forth above and that are necessarily infringed by the Specification, where “necessarily infringed” means: in the case of (a) above, there is no commercially viable means of implementing the Specification without infringing such patent; in the case of (b) above, use of the reference implementation to the extent it infringes such patent.

Termination. If you, directly or indirectly via controlled affiliate or subsidiary, agent, or exclusive licensee, file a Claim for patent infringement against any entity alleging that an Implementation in whole or in part constitutes direct or contributory patent infringement, or inducement of patent infringement (a “Claim”), provided that a Reference Implementation also infringes the patents asserted in the Claim, then any patent rights granted to you under this License shall automatically terminate retroactively as of the date you first received the grant. Claims made against an Implementation in part will only trigger termination if the Implementation in part was done for the purpose of combining it with other technology that complies with the Specification so that the technology’s ultimate use will be consistent with the Standard as a whole.

B. Broadcom patent terms

License Grant. Broadcom Corporation (“Broadcom”) hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this license) license under Licensed Patents to make, have made, use, offer to sell, sell, import, transfer, and otherwise run, modify (in a way that still complies with the Specification), and reproduce any Implementation.

Definitions. Specification means, and includes the following, both individually and collectively, (a) any standard specification of the Opus codec adopted by the IETF Codec Working Group (“Standard”) and (b) any reference implementation (each, a “Reference Implementation”) published by the IETF Codec Working Group in the request for comments (“RFC”) issued by the IETF for the Specification draft for which this License is issued, or any RFC that is issued as an update or new version thereof. An Implementation means any Reference Implementation, or another implementation that complies with the Specification. Licensed Patents means all patents currently owned by Broadcom or acquired hereafter that Broadcom has the right to license as set forth above and that are necessarily infringed by the Specification, where “necessarily infringed” means: in the case of (a) above, there is no commercially viable means of implementing the Specification without infringing such patent; in the case of (b) above, use of the reference implementation to the extent it infringes such patent.

Termination. If you, directly or indirectly via controlled affiliate or subsidiary, agent, or exclusive licensee, file a Claim for patent infringement against any entity alleging that an Implementation in whole or in part constitutes direct or contributory patent infringement, or inducement of patent infringement (a “Claim”), provided that a Reference Implementation also infringes the patents asserted in the Claim, then any patent rights granted to you under this License shall automatically terminate retroactively as of the date you first received the grant. Claims made against an Implementation in part will only trigger termination if the Implementation in part was done for the purpose of combining it with other technology that complies with the Specification so that the technology’s ultimate use will be consistent with the Standard as a whole.

C. Microsoft Opus Patent Terms

11-7-2012

1. Patent Terms.

1.1. Specification License. Subject to all the terms and conditions of this Agreement, I, on behalf of myself and my successors in interest and assigns, hereby grant you a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to my Necessary Decoder Claims for your Specification Implementation.

1.2. Code License. Subject to all the terms and conditions of this Agreement, I, on behalf of myself and my successors in interest and assigns, hereby grant you a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to my Necessary Reference Implementation Claims to make, use, sell, offer for sale, import or distribute a Code Implementation.

1.3. Conditions.

1.3.1. Availability. If you own or control Necessary Claims, the licenses set forth in Section 1 are subject to and will become effective starting on the date that you make a binding public irrevocable commitment to license, on reasonable and non-discriminatory royalty-free licensing terms 1) your Necessary Decoder Claims to all implementers for Specification Implementations, and 2) your Necessary Reference Implementation Claims to all implementers for Code Implementations, where the terms of this Agreement satisfy any reciprocity requirements in your reasonable and non-discriminatory royalty-free licensing terms. The promises set forth in Section 1 will remain in effect so long as you continue to make such claims available for Specification Implementations and Code Implementations under reasonable and non-discriminatory royalty-free licensing terms. In addition, as a condition of the licenses 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 1.3.1 as a result of merely using a Specification Implementation or a Code Implementation as an end-user.

1.3.2. 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 a Specification Implementation or Code Implementation or are enforceable or (ii) that a Specification Implementation or Code Implementation would not infringe intellectual property rights of any third party.

1.4. Termination. All rights, grants, 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 a Specification Implementation infringes Necessary Decoder Claims or a Code Implementation infringes Necessary Reference Implementation Claims, unless that suit was in response to a corresponding suit regarding a Specification Implementation or Code Implementation first brought against you. In addition, all rights, grants, and promises made by me to you under Section 1 are terminated if you, your agent, or successor in interest seek to license Necessary Decoder Claims for Specification Implementations or Necessary Reference Implementations Claims for Code 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 Decoder Claims for Specification Implementations or Necessary Reference Implementation Claims for Code 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. On behalf of me and my successors in interest and assigns, I agree to offer alternative reasonable and non-discriminatory royalty-bearing licensing terms 1) to my Necessary Decoder Claims solely for your Specification Implementation and 2) to my Necessary Reference Implementations Claims solely for your Code Implementation.

3. Past Skype Declarations. You may, at your option, continue to rely on the terms set forth in Skype’s past declarations made to the IETF for the Opus Audio Codec, subject to the terms of those declarations and in lieu of the terms of this Agreement solely for the patents set forth in those declarations.

4. Good Faith Obligations. I agree that I have not and will not knowingly take any action for the purpose of circumventing my

obligations under this Agreement. In addition, I will not 1) seek an injunction or exclusion order against a) Code Implementations for Necessary Reference Implementation Claims or b) Specification Implementations for Necessary Decoder Claims or 2) require that an implementer license its patents back to me, except for Necessary Reference Implementation Claims for Code Implementations and Necessary Decoder Claims for Specification Implementations. I will not transfer Necessary Reference Implementation Claims or Necessary Decoder Claims unless the transferee is subject to these obligations.

5. 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 or Reference Implementation. The entire risk as to implementing or otherwise using the Specification, Specification Implementation, or Code 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.

6. Definitions. 6.1. Agreement. “Agreement” means this document, which sets forth the rights, grants, limitations, conditions, obligations, and disclaimers made available for the particular Specification.

6.2. Code Implementation. “Code Implementation” means making, using, selling, offering for sale, importing or distributing 1) the Reference Implementation, or 2) an implementation that, in the case of an encoder, produces a bitstream that can be decoded by a Specification Implementation solely to the extent it produces such a bitstream, and, in the case of decoder, is a Specification Implementation, where that Specification Implementation may also infringe Necessary Reference Implementation Claims.

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. I, Me, or My. “I,” “me,” or “my” refers to the party making this declaration, and any entity that I Control.

6.5. Necessary Claims. “Necessary Claims” means Necessary Decoder Claims and Necessary Reference Implementation Claims.

6.6. Necessary Decoder Claims. “Necessary Decoder Claims” are those patent claims that a party owns or controls, including those claims acquired after the date of this declaration, that are necessarily infringed by an implementation of the required portions (including the required elements of optional portions) of the decoder Specification that are described in detail and not merely referenced in the Specification.

6.7. Necessary Reference Implementation Claims. “Necessary Reference Implementation Claims” are those patent claims that a party owns or controls, including those claims acquired after the date of this declaration, that are necessarily infringed by the Reference Implementation. Necessary Reference Implementation Claims do not include claims that would be infringed only as a consequence of further modification of the Reference Implementation.

6.8. Reference Implementation. “Reference Implementation” means the implementation of the Opus encoder and/or decoder code extracted from Appendix A of the Specification.

6.9. Specification. “Specification” means IETF RFC 6716 dated September 2012.

6.10. Specification Implementation. “Specification Implementation” means making, using, selling, offering for sale, importing or distributing any conformant implementation of the decoder set forth in the Specification 1) only to the extent it implements the Specification and 2) so long as all required portions of the Specification are implemented. Specification Implementation also includes any implementation of a decoder included in subsequent versions of RFC 6716 1) only to the extent that it implements the decoder Specification, and 2) so long as all required portions of the decoder Specification are implemented.

6.11. 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.

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