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PATENTS
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PATENTS
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Software" means the SNLI-VE software distributed by NEC Laboratories America, Inc.
("NECLA") 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 NECLA’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.
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 NECLA 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 NECLA or any of
its subsidiaries or corporate affiliates, or (iii) against any party relating to
the Software. Notwithstanding the foregoing, if NECLA 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.
A "Necessary Claim" is a claim of a patent owned by NECLA 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.