Common use of Reciprocity Clause in Contracts

Reciprocity. I. The Spec Lead may condition its offer of the license described in Section 5.B upon its licensee’s commitment to offer to any party seeking a license from such licensee, if requested, a license under such licensee’s patent rights which are or would be infringed by all technically feasible implementa- tions of the Spec on terms consistent with the provisions of Section 6.A excluding, for non-Members, its subsections (bb) and (ee). II. The Spec Lead also may condition its offer of the license described in Section 5.B under its own applicable patent rights (whether or not necessarily infringed, and not including rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) on a licensee not initiating a claim that the Spec Lead, has, in the course of performing its responsibilities as the Spec Lead, induced any other entity to infringe the licensee's patent rights. III. No provision of this Section 5.C shall be construed to compel, restrict or limit the terms on which the Spec Lead may grant or offer to grant patent licenses (or make non-assertion covenants) con- cerning its own applicable patent rights (as opposed to rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) whose infringement can be avoided in a technically feasible manner when imple- xxxxxxx the Spec. Other than as set forth above, the Spec Lead agrees not to impose any contractual condition or covenant that would limit or restrict the right of any licensee to create or distribute such Independent Imple- mentations. The Spec License may otherwise include as additional terms and conditions only those that do not relate to the license grant but govern issues such as, without limitation, confidentiality, applicable law, dispute resolution, export control and government rights in data provisions, warranties and liabilities. In addition, the Spec Lead for each JSR hereby agrees that it will not use the rights granted or licensed to it per Section 4.A to create or distribute an Independent Implementation of any Spec produced under a JSR for which it is the Spec Lead that does not satisfy the requirements of subparagraphs (a) through (c) above.

Reciprocity. I. The Spec Lead may condition its offer of the license covenantlicense described in Section 5.B 5.B.2 upon its the ibeneficiaryts licensee’s commitment to offer to any party seeking a license (or equivalent covenant) from such licenseelicensbeneficiaryee, if requested, a license (or equivalent covenant) under such licenseelicenseeparty’s patent rights which are or would be infringed by all technically feasible implementa- tions implementations of the Spec on terms consistent with the provisions of Section 6.A excluding, for non-Members, its subsections (bb) and (ee). II. The Spec Lead also may condition its offer of the license covenantlicense described in Section 5.B 5.B2 under its own applicable patent rights (whether or not necessarily infringed, and not including rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) on a licensee (or equivalent covenant) not initiating a claim that the Spec Lead, has, in the course of performing its responsibilities as the Spec Lead, induced any other entity to infringe the licenseebeneficiarylicensee's patent rights. III. No provision of this Section 5.C shall be construed to compel, restrict or limit the terms on which the Spec Lead may grant or offer to grant patent licenses (or make non-assertion covenants) con- cerning concerning its own applicable patent rights (as opposed to rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) whose infringement can be avoided in a technically feasible manner when imple- xxxxxxx implementing the Spec. Other than as set forth above, the Spec Lead agrees not to impose any contractual condition or covenant as part of the Spec License that would limit or restrict the right of any licensee to create or distribute such Independent Imple- mentationsImplementations. The Spec License may otherwise include as additional terms and conditions only those that do not relate to the license grant but govern issues such as, without limitation, confidentiality, applicable law, dispute resolution, export control and government rights in data provisions, warranties and liabilities. In addition, the Spec Lead for each JSR hereby agrees that it will not use the rights granted or licensed to it per Section 4.A to create or distribute an Independent Implementation of any Spec produced under a JSR for which it is the Spec Lead that does not satisfy the requirements of subparagraphs (a) through (c) above.

Reciprocity. I. The Spec Lead may condition its offer of the license described in Section 5.B upon its licensee’s commitment to offer to any party seeking a license from such licensee, if requested, a license under such licensee’s patent rights which are or would be infringed by all technically feasible implementa- tions implementations of the Spec on terms consistent with the provisions of Section 6.A excluding, for non-non- Members, its subsections (bb) and (ee). II. The Spec Lead also may condition its offer of the license described in Section 5.B under its own applicable patent rights (whether or not necessarily infringed, and not including rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) on a licensee not initiating a claim that the Spec Lead, has, in the course of performing its responsibilities as the Spec Lead, induced any other entity to infringe the licensee's patent rights. III. No provision of this Section 5.C shall be construed to compel, restrict or limit the terms on which the Spec Lead may grant or offer to grant patent licenses (or make non-assertion covenants) con- cerning concerning its own applicable patent rights (as opposed to rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) whose infringement can be avoided in a technically feasible manner when imple- xxxxxxx implementing the Spec. Other than as set forth above, the Spec Lead agrees not to impose any contractual condition or covenant that would limit or restrict the right of any licensee to create or distribute such Independent Imple- mentationsImplementations. The Spec License may otherwise include as additional terms and conditions only those that do not relate to the license grant but govern issues such as, without limitation, confidentiality, applicable law, dispute resolution, export control and government rights in data provisions, warranties and liabilities. In addition, the Spec Lead for each JSR hereby agrees that it will not use the rights granted or licensed to it per Section 4.A to create or distribute an Independent Implementation of any Spec produced under a JSR for which it is the Spec Lead that does not satisfy the requirements of subparagraphs (a) through (c) above.

Reciprocity. I. The Spec Lead may condition its offer of the license described in Section 5.B upon its licensee’s commitment to offer to any party seeking a license from such licensee, if requested, a license under such licensee’s patent rights which are or would be infringed by all technically feasible implementa- tions implementations of the Spec on terms consistent with the provisions of Section 6.A excluding, for non-Members, its subsections (bb) and (ee). II. The Spec Lead also may condition its offer of the license described in Section 5.B under its own applicable patent rights (whether or not necessarily infringed, and not including rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) on a licensee not initiating a claim that the Spec Lead, has, in the course of performing its responsibilities as the Spec Lead, induced any other entity to infringe the licensee's patent rights. III. No provision of this Section 5.C shall be construed to compel, restrict or limit the terms on which the Spec Lead may grant or offer to grant patent licenses (or make non-assertion covenants) con- cerning concerning its own applicable patent rights (as opposed to rights licensed to the Spec Lead by other Contributors pursuant to Section 4.A.II) whose infringement can be avoided in a technically feasible manner when imple- xxxxxxx implementing the Spec. Other than as set forth above, the Spec Lead agrees not to impose any contractual condition or covenant that would limit or restrict the right of any licensee to create or distribute such Independent Imple- mentationsImplementations. The Spec License may otherwise other- wise include as additional terms and conditions only those that do not relate to the license grant but govern issues such as, without limitation, confidentiality, applicable law, dispute resolution, export control and government rights in data provisions, warranties and liabilities. In addition, the Spec Lead for each JSR hereby agrees that it will not use the rights granted or licensed to it per Section Sec- tion 4.A to create or distribute an Independent Implementation of any Spec produced under a JSR for which it is the Spec Lead that does not satisfy the requirements of subparagraphs (a) through (c) above.