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0.secNotice: All rights in {Licensed_Patents} (as defined below) provided under this Defensive Patent License ("{DPL}") are subject to all of the conditions and limitations set forth below. Making, using, selling, offering for sale, importing, or distributing products or services embodying the {Licensed_Patents}, other than as explicitly authorized under this {License} or patent law, is prohibited.
1.TiLicense Grant
1.0.secSubject to the conditions and limitations of this {License}, {Licensor} hereby grants and agrees to grant to any {DPL_User} (as defined in Section 7.6) who follows the procedures for License Acceptance (as defined in Section 1.1) a worldwide, royalty-free, no-charge, non-exclusive, irrevocable (except as stated in Sections 2(e) and 2(f)) license, perpetual for the term of the relevant {Licensed_Patents}, to make, have made, use, sell, offer for sale, import, and distribute {Licensed_Products_and_Services} that would otherwise infringe any claim of {Licensed_Patents}. A {Licensee}'s sale of {Licensed_Products_and_Services} pursuant to this agreement exhausts the {Licensor}'s ability to assert infringement against a downstream purchaser or user of the Licensed Products or Services. {Licensor}'s obligation to grant Licenses under this provision ceases upon the arrival of any applicable {Discontinuation_Date}, unless that Date is followed by a subsequent {Offering_Announcement}.
1.1.Ti{License} Acceptance
1.1.secIn order to accept this {License}, {Licensee} must qualify as a {DPL_User} (as defined in Section 7.6) and must contact {Licensor} via the information provided in {Licensor}'s {Offering_Announcement} to state affirmatively that {Licensee} accepts the terms of this {License}. {Licensee} must also communicate the URL of its own {Offering_Announcement} (as defined in Section 7.13) and specify whether it is accepting the {License} to all {Licensor}'s {Patents} or only a subset of those {Patents}. If {Licensee} is only accepting the {License} to a subset of {Licensor}'s {Patents}, {Licensee} must specify each individual {Patent}'s country of issuance and corresponding patent number for which it is accepting a {License}. There is no requirement that the {Licensor} respond to the {Licensee}'s affirmative acceptance of this {License}.
2.Ti{License} Restrictions
2.0.secNotwithstanding the foregoing, this {License} is expressly subject to and limited by the following restrictions:
2.1.TiNo Sublicensing
2.1.secThis {License} does not include the right to sublicense any {Licensed_Patent} of any {Licensor}.
2.2.Ti{License} Extends Solely to {Licensed_Patents} in Connection with {Licensed_Products_and_Services}
2.2.secFor clarity, this {License} does not purport to grant any rights in any {Licensor}'s copyright, trademark, trade dress, design, trade secret, other intellectual property, or any other rights of {Licensor} other than the rights to {Licensed_Patents} granted in Section 2, nor does the {License} cover products or services other than the {Licensed_Products_and_Services}. For example, this {License} would not apply to any conduct of a {Licensee} that occurred prior to accepting this {License} under Section 1.1.
2.3.secThis {License} does not include {Patents} with a priority date or {Effective_Filing_Date} later than {Licensor}'s last {Discontinuation_Date} that has not been followed by a subsequent {Offering_Announcement} by {Licensor}.
2.4.TiFuture {DPL_Users}
2.4.secThis {License} does not extend to any {DPL_User} whose {Offering_Announcement} occurs later than {Licensor}'s last {Discontinuation_Date} that has not been followed by a subsequent {Offering_Announcement} by {Licensor}.
2.5.TiRevocation and Termination Rights
2.5.0.sec{Licensor} reserves the right to revoke and/or terminate this {License} with respect to a particular {Licensee} if, after the date of the {Licensee}'s most recent {Offering_Announcement}:
2.5.1.sec{Licensee} makes any {Infringement_Claim}, not including {Defensive_Patent_Claims}, against a {DPL_User}; or
2.5.2.sec{Licensee} assigns, transfers, or grants an exclusive license for a {Patent} to an entity or individual other than a {DPL_User} without conditioning the assignment, transfer, or exclusive license on the recipient continuing to abide by the terms of this {License}, including but not limited to the revocation and termination rights under this Section.
2.6.TiOptional Conversion to FRAND Upon Discontinuation
2.6.secNotwithstanding any other provision in this {License}, as of any particular {Licensee}'s {Discontinuation_Date}, {Licensor} has the right to convert the {License} of that particular {Licensee} from one that is royalty-free and no-charge to one that is subject to Fair, Reasonable, And Non-Discriminatory (FRAND) terms going forward. No other terms in the license may be altered in any way under this provision.
3.TiVersions of the {License}
3.1.TiNew Versions
3.1.secThe DPL Foundation, Jason M. Schultz of New York University, and Jennifer M. Urban of the University of California at Berkeley are the license stewards. Unless otherwise designated by one of the license stewards, no one other than the license stewards has the right to modify or publish new versions of this {License}. Each version will be given a distinguishing version number.
3.2.TiEffect of New or Revised Versions
3.2.secAny one of the license stewards may publish revised and/or new versions of the {DPL} 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.
3.00.secEach version is given a distinguishing version number. If {Licensor} specifies in her {Offering_Announcement} that she is offering a certain numbered version of the {DPL} "or any later version", {Licensee} has the option of following the terms and conditions either of that numbered version or of any later version published by one of the license stewards. If {Licensor} does not specify a version number of the {DPL} in her {Offering_Announcement}, {Licensee} may choose any version ever published by any of the license stewards.
4.TiDisclaimer of Claims Related to Patent Validity and Noninfringement
4.sec{Licensor} makes no representations and disclaims any and all warranties as to the validity of the {Licensed_Patents} or the products or processes covered by {Licensed_Patents} do not infringe the patent, copyright, trademark, trade secret, or other intellectual property rights of any other party.
5.TiDisclaimer of Warranties
5.secUnless otherwise mutually agreed to by the parties in writing, {Licensor} offers the {Patent_License} granted herein "as is" and makes no representations or warranties of any kind concerning the {Licensed_Patents} or any product embodying any {Licensed_Patent}, express or implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the presence or absence of errors, regardless of their discoverability. Some jurisdictions do not allow the exclusion of implied warranties, in which case such exclusion may not apply to licensee.
6.TiLimitation of Liability
6.sec{Licensor} shall not be liable for any damages arising from or related to this {License}, including indirect, incidental, consequential, punitive or special damages, whether on warranty, contract, negligence, or otherwise, even if {Licensor} has been advised of the possibility of such damages prior to such an occurrence.
DPL_UserDPL User
Licensed_PatentsLicensed Patents
Licensed_Products_and_ServicesLicensed Products and Services
Discontinuation_DateDiscontinuation Date
Offering_AnnouncementOffering Announcement
Licensed_PatentLicensed Patent
Effective_Filing_DateEffective Filing Date
DPL_UsersDPL Users
Infringement_ClaimInfringement Claim
Defensive_Patent_ClaimsDefensive Patent Claims
Patent_LicensePatent License
Defensive_Patent_ClaimDefensive Patent Claim
Discontinuation_AnnouncementDiscontinuation Announcement