The ATSC Patent Portfolio License provides coverage for the ATSC Standard to the extent posted here.
Each Licensor is under an obligation to grant to Via LA a worldwide, nonexclusive license under all ATSC Essential Patents that it has the right to license or sublicense presently or in the future (without payment to any third party), enabling Via LA to grant worldwide, nonexclusive sublicenses under such patents under terms of the ATSC Patent Portfolio License.
The royalties payable under the License do not increase or decrease because of an increase or decrease in the number of ATSC Essential Patents or because of an increase or decrease in the prices of a Licensee's ATSC Royalty Products. Rather, they are the value of a license granted under the Patent Portfolio taking into consideration the commercial intention of the Licensors to facilitate adoption of the ATSC Standard and make available a pool license in which royalties are the same whether one or more patents is used. New Licensors and new patents are added to the License without the obligation to pay additional royalties during the current Term of the License.
While Licensors are under an obligation to grant to Via LA a worldwide, nonexclusive license under all ATSC 3.0 Essential Patents that it and its Affiliates presently or in the future has the right to license or sublicense, enabling Via LA to grant worldwide, nonexclusive sublicenses under terms of the ATSC 3.0 Patent Portfolio License, no assurance is or can be made that the License includes every essential patent. The purpose of the License is to offer a convenient licensing alternative to everyone on the same terms and to include as much essential intellectual property as possible for their convenience. Participation in the License is voluntary on the part of essential patent holders.
Any party that believes it has patents which are essential to the ATSC Standard, and wishes to participate in the ATSC Patent Portfolio License upon successful evaluation, is invited to submit them for evaluation and inclusion. Please contact Via LA at email@example.com to request a copy of the submission procedures and the terms and conditions governing the submission of patents for essentiality determination in order to join the ATSC Licensing Program.
It is up to each user to determine its own licensing needs and how it wishes to meet them. The ATSC Patent Portfolio License is provided for a user's convenience in acquiring patent rights necessary for the ATSC Standard (as defined in the License) from multiple essential patent holders in a single transaction as an alternative to negotiating separate license agreements with those patent holders. No representation is made that all ATSC essential patents are included or that other patent rights may not be infringed or necessary. As discussed above, users who take Via LA's license may have to negotiate licenses with other entities for essential patents that are not included in this License. A license is required for MPEG-2 Video and Systems patents (see below), and a license also may be necessary for other important patents whether or not they are essential to the ATSC Standard.
No, the ATSC Patent Portfolio License does not include a portfolio license to patents that are essential to MPEG-2 Video and Systems. ATSC receiver products include an MPEG-2 decoder, however, and ATSC users may benefit from Via LA's MPEG-2 Patent Portfolio License offering coverage under patents that are essential to the MPEG-2 Video and Systems standard used in conjunction with ATSC (see MPEG-2 License Overview).
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Royalties apply as defined in the License. Click here for information.