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@bslatkin
Created April 10, 2015 21:21
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Additional Grant of Patent Rights {+Version 2+}
"Software" means [-fbcunn-] {+the osquery+} software distributed by Facebook, Inc.
[-Facebook-]
{+Facebook, Inc. ("Facebook")+} hereby grants [-you-] {+to each recipient of the Software
("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,-] {+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 [-a-] {+any+} third [-party,-] {+party+} or (ii) the Software in
combination with any software or other [-technology
provided by you or a third party.-] {+technology.+}
The license granted hereunder will terminate, automatically and without notice,
[-for anyone that makes any claim (including by filing-]
{+if you (or+} any [-lawsuit, assertion or
other action) alleging (a) direct, indirect,-] {+of your subsidiaries, corporate affiliates or agents) initiate
directly+} or [-contributory infringement-] {+indirectly,+} or
[-inducement to infringe-] {+take a direct financial interest in,+} any [-patent:-] {+Patent
Assertion:+} (i) [-by-] {+against+} Facebook or any of its subsidiaries or {+corporate+}
affiliates, [-whether or not such claim is related to the Software,-] (ii) [-by-] {+against+} any party if such [-claim-] {+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, [-whether or not
such claim is related to the Software,-] or (iii) [-by-] {+against+} any party relating
to the
[-Software;-] {+Software. Notwithstanding the foregoing, if Facebook+} or [-(b) that-] any [-right-] {+of its
subsidiaries or corporate affiliates files a lawsuit alleging patent
infringement against you+} in [-any-] {+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 [-invalid-]
{+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
[-unenforceable.-] {+counterclaim.+}
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