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- Additional Grant of Patent Rights Version 2
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- "Software" means the httpdown software distributed by Facebook, Inc.
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- 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.
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- The license granted hereunder will terminate, automatically and without notice,
- 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.
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- A "Necessary Claim" is a claim of a patent owned by Facebook that is
- necessarily infringed by the Software standing alone.
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- 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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