Common use of Grant of Patent License Clause in Contracts

Grant of Patent License. 3.1 For study, testing and research purposes only and subject to the terms and conditions of this Agreement, You hereby grant to the Alliance and to recipients of software distributed by the Alliance a perpetual, wor- ldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) license to make, have made, use, and transfer (excluding selling ) of the Work, where such license applies only to those pa- tent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work («Essential Patents») to which such Contribution(s) were submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that Your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement solely due to study, testing and research of the Work, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed. 3.2 For purposes other than study, testing and research under clause 3.1, and subject to the terms and conditions of this Agreement, You are prepared to grant a license of Your Essential Patents on fair, reaso- nable and non-discriminatory («FRAND») terms and conditions to any user of Your Contribution or a portion thereof for use of that Contribution or portion thereof in the Work. 3.3 You shall use reasonable endeavours to inform the OpenAirInterface Software Alliance of Essential Patents related to Your Contribution(s) alone or by combination of Your Contribution(s) with the Work in a timely fashion. In particular, by submitting a Contribution, You shall, on a bona fide basis, draw the attention of the OpenAirInterface Software Alliance to any of Your patent(s) related to Your Contribution(s) alone or by combination of Your Contribution(s) with the Work which might be Essential Patents if that Contribution is accepted. 3.4 The obligations pursuant to section 3.3 above do however not imply any obligation on You to conduct patent searches.

Grant of Patent License. 3.1 For study, testing and research purposes only and subject to the terms and conditions of this AgreementAgree- ment, You hereby grant to the Alliance and to recipients of software distributed by the Alliance a perpetual, wor- ldwideworldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) license to make, have made, use, and transfer (excluding selling ) of the Work, where such license applies only to those pa- tent patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work («Essential Patents») to which such Contribution(s) were submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that Your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement solely due to study, testing and research of the Work, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed. 3.2 For purposes other than study, testing and research under clause 3.1, and subject to the terms and conditions of this Agreement, You are prepared to grant a license of Your Essential Patents on fair, reaso- nable and non-discriminatory («FRAND») terms and conditions to any user of Your Contribution or a portion thereof for use of that Contribution or portion thereof in the Work. 3.3 You shall use reasonable endeavours to inform the OpenAirInterface Software Alliance of Essential Patents related to Your Contribution(s) alone or by combination of Your Contribution(s) with the Work in a timely fashion. In particular, by submitting a Contribution, You shall, on a bona fide basis, draw the attention of the OpenAirInterface Software Alliance to any of Your patent(s) related to Your Contribution(s) alone or by combination of Your Contribution(s) with the Work which might be Essential Patents if that Contribution is accepted. 3.4 The obligations pursuant to section 3.3 above do however not imply any obligation on You to conduct patent searches.

Grant of Patent License. 3.1 For study, testing and research purposes only and subject Subject to the terms and conditions of this Agreement, You hereby grant to the Alliance Stanford and to recipients of software distributed by the Alliance Stanford a perpetual, wor- ldwideworldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer (excluding selling ) of the Work, where such license applies only to those pa- tent patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work («Essential Patents») to which such Contribution(s) were was submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that Your your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement solely due to study, testing and research of the Workinfringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed. 3.2 For purposes . You represent that You are legally entitled to grant the above license. If your employer(s) has rights to intellectual property that you create that includes your Contributions, you represent that you have received permission to make Contributions on behalf of that employer, that your employer has waived such rights for your Contributions to Stanford, or that your employer has executed a separate Corporate CLA with Stanford. You represent that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other than studyrestriction (including, testing but not limited to, related patents and research under clause 3.1trademarks) of which you are personally aware and which are associated with any part of Your Contributions. You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON- INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. Should You wish to submit work that is not Your original creation, You may submit it to Stanford separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and subject license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party: [named here]". You agree to the terms and conditions notify Stanford of this Agreement, You are prepared to grant a license any facts or circumstances of Your Essential Patents on fair, reaso- nable and non-discriminatory («FRAND») terms and conditions to which you become aware that would make these representations inaccurate in any user of Your Contribution or a portion thereof for use of that Contribution or portion thereof in the Work. 3.3 You shall use reasonable endeavours to inform the OpenAirInterface Software Alliance of Essential Patents related to Your Contribution(s) alone or by combination of Your Contribution(s) with the Work in a timely fashionrespect. In particular, by submitting a Contribution, You shall, on a bona fide basis, draw the attention of the OpenAirInterface Software Alliance to any of Your patent(s) related to Your Contribution(s) alone or by combination of Your Contribution(s) with the Work which might be Essential Patents if that Contribution is accepted. 3.4 The obligations pursuant to section 3.3 above do however not imply any obligation on You to conduct patent searches.Please sign: ___________________________________ Date: _______________