Update Patent Grant
https://code.facebook.com/posts/1639473982937255/updating-our-open-source-patent-grant/
Paul O’Shannessy committed
Apr 10, 2015 at 12:15 UTC
b8ba8c83f318b84e42933f6928f231dc0918f864
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PATENTS
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-Additional Grant of Patent Rights
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+Additional Grant of Patent Rights Version 2
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"Software" means the React software distributed by Facebook, Inc.
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-Facebook hereby grants you a perpetual, worldwide, royalty-free, non-exclusive,
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-irrevocable (subject to the termination provision below) license under any
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-rights in any patent claims owned by Facebook, to make, have made, use, sell,
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-offer to sell, import, and otherwise transfer the Software. For avoidance of
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-doubt, no license is granted under Facebook’s rights in any patent claims that
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-are infringed by (i) modifications to the Software made by you or a third party,
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-or (ii) the Software in combination with any software or other technology
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-provided by you or a third party.
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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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-for anyone that makes any claim (including by filing any lawsuit, assertion or
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-other action) alleging (a) direct, indirect, or contributory infringement or
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-inducement to infringe any patent: (i) by Facebook or any of its subsidiaries or
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-affiliates, whether or not such claim is related to the Software, (ii) by any
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-party if such claim arises in whole or in part from any software, product or
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-service of Facebook or any of its subsidiaries or affiliates, whether or not
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-such claim is related to the Software, or (iii) by any party relating to the
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-Software; or (b) that any right in any patent claim of Facebook is invalid or
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-unenforceable.
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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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+
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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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+
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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.