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PATENTS
| @@ -1,23 +1,33 @@ | ||
| -Additional Grant of Patent Rights | ||
| +Additional Grant of Patent Rights Version 2 | ||
| "Software" means the React software distributed by Facebook, Inc. | ||
| -Facebook hereby grants you a perpetual, worldwide, royalty-free, non-exclusive, | ||
| -irrevocable (subject to the termination provision below) license under any | ||
| -rights in any patent claims owned by Facebook, to make, have made, use, sell, | ||
| -offer to sell, import, and otherwise transfer the Software. For avoidance of | ||
| -doubt, no license is granted under Facebook’s rights in any patent claims that | ||
| -are infringed by (i) modifications to the Software made by you or a third party, | ||
| -or (ii) the Software in combination with any software or other technology | ||
| -provided by you or a third party. | ||
| +Facebook, Inc. ("Facebook") hereby grants to each recipient of the Software | ||
| +("you") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable | ||
| +(subject to the termination provision below) license under any Necessary | ||
| +Claims, to make, have made, use, sell, offer to sell, import, and otherwise | ||
| +transfer the Software. For avoidance of doubt, no license is granted under | ||
| +Facebook's rights in any patent claims that are infringed by (i) modifications | ||
| +to the Software made by you or any third party or (ii) the Software in | ||
| +combination with any software or other technology. | ||
| The license granted hereunder will terminate, automatically and without notice, | ||
| -for anyone that makes any claim (including by filing any lawsuit, assertion or | ||
| -other action) alleging (a) direct, indirect, or contributory infringement or | ||
| -inducement to infringe any patent: (i) by Facebook or any of its subsidiaries or | ||
| -affiliates, whether or not such claim is related to the Software, (ii) by any | ||
| -party if such claim arises in whole or in part from any software, product or | ||
| -service of Facebook or any of its subsidiaries or affiliates, whether or not | ||
| -such claim is related to the Software, or (iii) by any party relating to the | ||
| -Software; or (b) that any right in any patent claim of Facebook is invalid or | ||
| -unenforceable. | ||
| +if you (or any of your subsidiaries, corporate affiliates or agents) initiate | ||
| +directly or indirectly, or take a direct financial interest in, any Patent | ||
| +Assertion: (i) against Facebook or any of its subsidiaries or corporate | ||
| +affiliates, (ii) against any party if such Patent Assertion arises in whole or | ||
| +in part from any software, technology, product or service of Facebook or any of | ||
| +its subsidiaries or corporate affiliates, or (iii) against any party relating | ||
| +to the Software. Notwithstanding the foregoing, if Facebook or any of its | ||
| +subsidiaries or corporate affiliates files a lawsuit alleging patent | ||
| +infringement against you in the first instance, and you respond by filing a | ||
| +patent infringement counterclaim in that lawsuit against that party that is | ||
| +unrelated to the Software, the license granted hereunder will not terminate | ||
| +under section (i) of this paragraph due to such counterclaim. | ||
| + | ||
| +A "Necessary Claim" is a claim of a patent owned by Facebook that is | ||
| +necessarily infringed by the Software standing alone. | ||
| + | ||
| +A "Patent Assertion" is any lawsuit or other action alleging direct, indirect, | ||
| +or contributory infringement or inducement to infringe any patent, including a | ||
| +cross-claim or counterclaim. |
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