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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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