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c6b38aa Apr 10, 2015
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Additional Grant of Patent Rights Version 2
"Software" means the Immutable JS software distributed by Facebook, Inc.
Facebook, Inc. (“Facebook”) 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 Facebook’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 Facebook 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 Facebook or any of its subsidiaries or corporate affiliates, or (iii) against any party relating to the Software. Notwithstanding the foregoing, if Facebook 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 Facebook 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.