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Facebook-Additional-Grant-of-Patent-Rights.commonform
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Facebook-Additional-Grant-of-Patent-Rights.commonform
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\\ ""Software"" means the [description of software].
\ Patent License \ [legal name of licensor] (""Licensor"") hereby grants to each recipient of the <Software> (""Licensee"") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (subject to {Patent License Termination} termination provision below) license under any <Necessary Claim>, to make, have made, use, sell, offer to sell, import, and otherwise transfer the <Software>. For avoidance of doubt, no license is granted under rights of <Licensor> in any patent claims that are infringed by:
\\ modifications to the <Software> made by <Licensee> or any third party or
\\ the <Software> in combination with any software or other technology.
\ Patent License Termination \ The license granted hereunder will terminate, automatically and without notice, if <Licensee> (or any subsidiaries, corporate affiliates or agents of <Licensee>) initiate directly or indirectly, or take a direct financial interest in, any <Patent Assertion>:
\ Patent Assertions Against Licensor \ against <Licensor> or any of its subsidiaries or corporate affiliates,
\\ against any party if such <Patent Assertion> arises in whole or in part from any software, technology, product or service of <Licensor> or any of its subsidiaries or corporate affiliates, or
\\ against any party relating to the <Software>.
\ Termination Exception \ Notwithstanding {Patent License Termination}, if <Licensor> or any of its subsidiaries or corporate affiliates files a lawsuit alleging patent infringement against <Licensee> in the first instance, and <Licensee> 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 {Patent Assertions Against Licensor} due to such counterclaim.
\\ A ""Necessary Claim"" is a claim of a patent owned by <Licensor> 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.