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INTRODUCTION
Google Inc. acquired Global IP Solutions, Inc. (GIPS) in 2011, and GIPS is now
a subsidiary of Google. Google Inc. and its subsidiaries and affiliates
("Google") would like to update and clarify their position with respect to any
patents and patent applications it may own that cover the iLBC (internet low
bit-rate) codec technology that is the subject of IETF RFC 3951 and RFC 3952.
This notice is provided in accordance with RFC 3979 and RFC 4879 covering IPR
in the IETF.
DECLARATION
"iLBC Specification" means IETF RFC 3951 and RFC 3952.
Google hereby grants to you a perpetual, worldwide, non-exclusive, no-charge,
irrevocable (except as stated in this section) patent license to make, have
made, use, offer to sell, sell, import, transfer, and otherwise run, modify
and propagate implementations of the iLBC Specification, where such license
applies only to those patent claims, both currently owned by Google and
acquired in the future, licensable by Google that must necessarily be
infringed because of what is specifically required by the normative portions
of the iLBC Specification. This license is offered on the condition that
you grant a reciprocal license under the same terms as this license to all
parties for implementations of the iLBC Specification under those patent
claims, both currently owned by you and acquired in the future, licensable
by you that must necessarily be infringed because of what is specifically
required by the normative portions of the iLBC Specification. If you or
your agent or exclusive licensee institute or order or agree to the
institution of patent litigation against any entity (including a cross-claim
or counterclaim in a lawsuit) alleging that any implementation of the iLBC
Specification constitutes direct or contributory patent infringement, or
inducement of patent infringement, then any patent rights granted to you
under this license shall terminate as of the date such litigation is filed.
In addition to the license above relating to what is required by the
specification, the following license relating to the reference implementation
is offered.
"The iLBC reference implementation" means the c-code reference implementation
in Appendix A of IETF RFC 3951.
Google hereby grants to you a perpetual, worldwide, non-exclusive, no-charge,
irrevocable (except as stated in this section) patent license to make, have
made, use, offer to sell, sell, import, transfer, and otherwise run, modify
and propagate the iLBC reference implementation, where such license applies
only to those patent claims, both currently owned by Google and acquired in
the future, licensable by Google that are necessarily infringed by the iLBC
reference implementation. This grant does not include claims that would be
infringed only as a consequence of further modification of the iLBC reference
implementation. If you or your agent or exclusive licensee institute or order
or agree to the institution of patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the iLBC reference
implementation constitutes direct or contributory patent infringement, or
inducement of patent infringement, then any patent rights granted to you
under this License shall terminate as of the date such litigation is filed.
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