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-SILK PATENT LICENSE
-
-PLEASE READ THIS SKYPE SILK PATENT LICENSE AGREEMENT (THE "LICENSE
-AGREEMENT") CAREFULLY BEFORE USING OR EXPLOITING THE SKYPE SILK CODEC
-(THE "SILK CODEC"). THIS LICENSE AGREEMENT GRANTS YOU CERTAIN LIMITED
-RIGHTS UNDER SKYPE PATENTS TO USE AND EXPLOIT THE SILK CODEC. THE
-SOFTWARE CODE AND COPYRIGHTS FOR SKYPE'S SOFTWARE IMPLEMENTATION OF
-THE SILK CODEC (THE "SKYPE SILK SOFTWARE") ARE LICENSED SEPARATELY,
-AND THIS LICENSE AGREEMENT APPLIES ONLY TO SKYPE'S PATENT RIGHTS IN
-THE SILK CODEC.
-
-NO OTHER SKYPE AGREEMENT GRANTS YOU ANY RIGHT, EXPRESS OR IMPLIED,
-UNDER SKYPE PATENTS WITH RESPECT TO THE SILK CODEC. SKYPE IS WILLING
-TO GRANT YOU THE LIMITED PATENT LICENSE SET FORTH HEREIN ONLY UPON THE
-CONDITION THAT YOU EXPRESSLY ACCEPT AND COMPLY WITH THE TERMS AND
-CONDITIONS OF THIS LICENSE AGREEMENT.
-
-BY CLICKING "I AGREE" BELOW, YOU INDICATE THAT YOU UNDERSTAND THIS
-LICENSE AGREEMENT AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT ACCEPT
-AND AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, THEN SKYPE IS
-UNWILLING TO GRANT YOU ANY RIGHTS UNDER SKYPE PATENTS WITH RESPECT TO
-THE SILK CODEC AND SKYPE RESERVES THE RIGHT TO ENFORCE ITS PATENT
-RIGHTS AGAINST YOU AND ANY USE OR EXPLOITATION YOU MAY MAKE OF THE
-SILK CODEC.
-
-1. Definitions
-
-"Affiliate" means, with respect to any entity, any other entity
-directly or indirectly controlling or controlled by, or under direct
-or indirect common control with such entity.
-
-"Compare Tool" means the tool supplied with the Skype Silk Software
-for comparing the decoder output Test Vectors provided by Skype with
-the output of a decoder part of a Licensed Product to determine
-whether the Licensed Product is Fully Compatible. The output of the
-Compare Tool will be either a "pass" or "fail" based on fixed
-thresholds hardcoded into the Compare Tool.
-
-"Compatibility Test" means the test script supplied with the Skype
-Silk Software to determine whether a Licensed Product is Fully
-Compatible. At the user's request, the test script will invoke the
-decoder of the Licensed Product, input the encoder output Test
-Vectors, and compare the output from the Licensed Product with the
-decoder output Test Vectors using the Compare Tool.
-
-"Fully Compatible" means that (i) upon successfully running the
-Compatibility Test on a Licensed Product, the Compare Tool indicates
-that the Licensed Product has passed the test; and (ii) the use of
-such Licensed Product with the Skype Silk Software does not create or
-result in any errors or bugs or otherwise negatively impair or
-negatively impact the functioning or operation of the Skype Silk
-Software.
-
-"Licensed Patents" means patents, patent applications and other patent
-rights owned or controlled by Skype or its Affiliates that would be
-infringed by any unlicensed manufacture, use, sale, offer for sale or
-importation of the Silk Codec that is implemented by the Skype Silk
-Software made publicly available by Skype at
-http://developer.skype.com/silk.
-
-"Licensed Products" means products having encoder and/or decoder
-functionality based on a version of the Silk Codec released prior to
-the date set forth at the top of this License Agreement (a) the
-unlicensed manufacture, use, sale, offer for sale or importation of
-which would infringe any issued, unexpired claim or pending claim
-contained in the Licensed Patents in the country in which any such
-product is made, used, imported, offered for sale or sold and (b) that
-are Fully Compatible with the most current version of the Skype Silk
-Software made publicly available by Skype at
-http://developer.skype.com/silk at the time you entered into this
-License Agreement.
-
-"Skype" means Skype Software S.a.r.l., a Luxembourg corporation.
-
-"Test Vector" means the bit representation of a signal provided by
-Skype with the Skype Silk Software.
-
-2. License and Restrictions
-
-2.1 License Grant. Subject to your compliance with the terms and
-conditions of this License Agreement, Skype hereby grants you a
-non-exclusive, non-transferable license under the Licensed Patents to
-use, make, have made, sell, offer for sale, and import Licensed
-Products. The license rights granted under this Section 2.1 will
-remain in force and effect until the earlier of (i) termination of
-this License Agreement in accordance with its terms or (ii) expiration
-of the last to expire of the Licensed Patents.
-
-2.2 No Technology Transfer Obligation. Nothing in this License
-Agreement will be deemed to require Skype to furnish any technology,
-information, materials or services of any kind.
-
-2.3 No Other Rights. Nothing in this License Agreement will be deemed
-to confer on you, by implication, estoppel or otherwise, any license
-or other right under any patent or other intellectual property rights
-of Skype, except as expressly granted herein.
-
-3. Non-Assert
-
-3.1 You agree that you will not, and you will procure that your
-Affiliates, officers, employees and assignees will not, assert or
-otherwise claim or allege infringement of any patents or patent rights
-capable of being infringed by use, manufacture, marketing, making,
-having made, keeping, disposing of, offering to dispose of,
-distribution, sale, offering for sale or importation of (i) the Silk
-Codec or any other or modified version thereof as such or on any
-device or (ii) any combination of the Silk Codec or any other or
-modified version thereof with any hardware and/or software, against
-(a) Skype or its Affiliates, (b) any direct or indirect licensee of
-Skype or any Affiliate of Skype, or (c) distributors, customers and
-end users of any of the foregoing.
-
-3.2 You shall be released from the non-assertion obligation under
-Section 3.1 in relation to any beneficiary (but not in relation to
-other beneficiaries) of Section 3.1 that asserts any patent against
-you for your use of the Skype Silk Software.
-
-4. No Warranty
-
-4.1 Skype, its Affiliates, officers, employees and agents, make no
-representations or warranties that Licensed Patents are or will be
-held valid or enforceable, or that the manufacture, importation, use,
-offer for sale, sale or other distribution of any Licensed Products
-will not infringe upon any patent or other rights.
-
-4.2 SKYPE, ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS, MAKE NO
-REPRESENTATIONS, EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR
-IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
-MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUME NO
-RESPONSIBILITIES WHATEVER WITH RESPECT TO DESIGN, DEVELOPMENT,
-MANUFACTURE, USE, SALE OR OTHER DISPOSITION OF ANY LICENSED PRODUCTS.
-
-4.3 YOU ASSUME THE ENTIRE RISK AS TO PERFORMANCE OF LICENSED PRODUCTS.
-In no event shall Skype, its Affiliates, officers, employees and
-agents, be responsible or liable for any direct, indirect, special,
-incidental, or consequential damages or lost profits or other economic
-loss or damage with respect to Licensed Products or your exercise of
-any rights granted herein, regardless of legal or equitable theory.
-The above limitations on liability apply even though Skype, its
-Affiliates, officers, employees or agents may have been advised of the
-possibility of such damage.
-
-4.4 You agree not to make any statements, representations or
-warranties whatsoever to any person or entity, or accept any
-liabilities or responsibilities whatsoever from any person or entity
-that are inconsistent with any disclaimer or limitation included in
-this Section 4.
-
-5. Termination
-
-5.1 Skype may terminate this License Agreement and any rights granted
-hereunder in the event that you or any of your Affiliates (i)
-materially breaches any of the terms and conditions of this Agreement;
-or (ii) asserts any patent or patent rights against Skype, its
-Affiliates, or its or their successors or assigns.
-
-5.2 Sections 1, 3, 4, 5.2, 6, and 7 will survive any termination or
-expiration of this Agreement.
-
-6. Governing Law
-
-This License Agreement will be governed by and construed in accordance
-with the laws of the State of California and the United States of
-America, without regard to or application of conflicts of law rules or
-principles. The United Nations Convention on Contracts for the
-International Sale of Goods will not apply. Any dispute, controversy
-or claim arising out of or relating to this License Agreement shall be
-adjudicated in the state or federal courts located in Santa Clara
-County, California, and you expressly consent to the exclusive
-personal jurisdiction and venue therein. Notwithstanding the
-foregoing, Skype shall have the right to seek injunction or any other
-equitable or similar relief from any court of competent jurisdiction.
-Any monetary award shall be payable in United States dollars.
-
-7. General
-
-You may not assign, novate or transfer this License Agreement or any
-rights granted hereunder, by operation of law or otherwise, without
-Skype's prior written consent, and any attempt by you to do so,
-without such consent, will be void and of no effect. Skype may assign,
-transfer or otherwise dispose of any rights or obligations under this
-Agreement or novate this License Agreement to any third party. Except
-as expressly set forth in this License Agreement, the exercise by
-either party of any of its remedies under this License Agreement will
-be without prejudice to its other remedies under this License
-Agreement or otherwise. The failure by Skype to enforce any provision
-of this License Agreement will not constitute a waiver of future
-enforcement of that or any other provision. Any waiver, modification
-or amendment of any provision of this License Agreement will be
-effective only if in writing and signed by authorized representatives
-of both parties. If any provision of this License Agreement is held to
-be unenforceable or invalid, that provision will be enforced to the
-maximum extent possible and the other provisions will remain in full
-force and effect. This License Agreement is the complete and exclusive
-understanding and agreement between the parties regarding its subject
-matter, and supersedes all proposals, understandings or communications
-between the parties, oral or written, regarding its subject matter,
-unless you and Skype have executed a separate agreement.