| 1 | Additional Grant of Patent Rights Version 2
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| 2 |
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| 3 | "Software" means the Relay software distributed by Facebook, Inc.
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| 4 |
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| 5 | Facebook, Inc. ("Facebook") hereby grants to each recipient of the Software
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| 6 | ("you") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable
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| 7 | (subject to the termination provision below) license under any Necessary
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| 8 | Claims, to make, have made, use, sell, offer to sell, import, and otherwise
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| 9 | transfer the Software. For avoidance of doubt, no license is granted under
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| 10 | Facebook's rights in any patent claims that are infringed by (i) modifications
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| 11 | to the Software made by you or any third party or (ii) the Software in
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| 12 | combination with any software or other technology.
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| 13 |
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| 14 | The license granted hereunder will terminate, automatically and without notice,
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| 15 | if you (or any of your subsidiaries, corporate affiliates or agents) initiate
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| 16 | directly or indirectly, or take a direct financial interest in, any Patent
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| 17 | Assertion: (i) against Facebook or any of its subsidiaries or corporate
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| 18 | affiliates, (ii) against any party if such Patent Assertion arises in whole or
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| 19 | in part from any software, technology, product or service of Facebook or any of
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| 20 | its subsidiaries or corporate affiliates, or (iii) against any party relating
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| 21 | to the Software. Notwithstanding the foregoing, if Facebook or any of its
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| 22 | subsidiaries or corporate affiliates files a lawsuit alleging patent
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| 23 | infringement against you in the first instance, and you respond by filing a
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| 24 | patent infringement counterclaim in that lawsuit against that party that is
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| 25 | unrelated to the Software, the license granted hereunder will not terminate
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| 26 | under section (i) of this paragraph due to such counterclaim.
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| 27 |
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| 28 | A "Necessary Claim" is a claim of a patent owned by Facebook that is
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| 29 | necessarily infringed by the Software standing alone.
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| 30 |
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| 31 | A "Patent Assertion" is any lawsuit or other action alleging direct, indirect,
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| 32 | or contributory infringement or inducement to infringe any patent, including a
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| 33 | cross-claim or counterclaim.
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