The MPEG-4 Visual Patent Portfolio License provides coverage for the MPEG-4 Visual Standard to the extent posted here.
Each Licensor is under an obligation to grant to Via LA a worldwide, nonexclusive license under all MPEG-4 Visual 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 MPEG-4 Visual Patent Portfolio License.
The royalties payable under the License do not increase or decrease because of an increase or decrease in the number of MPEG-4 Visual Essential Patents or because of an increase or decrease in the prices of a Licensee's MPEG-4 Visual 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 MPEG-4 Visual 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 at no additional cost during the current Term of the License.
While Licensors are under an obligation to grant to Via LA a worldwide, nonexclusive license under all MPEG-4 Visual 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 MPEG-4 Visual 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; however, 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 MPEG-4 Visual Standard, and wishes to participate in the MPEG-4 Visual Patent Portfolio License upon successful evaluation, is invited to submit them for evaluation and inclusion. Please contact Via LA at firstname.lastname@example.org 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 MPEG-4 Licensing Program.
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Rather than place the entire royalty in one place (e.g., on the decoder or encoder manufacturer), royalties are also payable at those parts of the product chain where value is received and those who receive the value can build the royalties into their business models. For example, encoder and decoder manufacturers pay royalties for the right to make and sell decoders and encoders, but video providers who receive remuneration for offering MPEG-4 video either directly (e.g., subscription or title-by-title fees) or indirectly (e.g., advertising or underwriting fees) pay a royalty for the right to use the decoders and encoders to receive and transmit the remunerated video. Where video is not offered for remuneration, however, no additional royalty is payable. Advertising or promoting one's own products is not treated as a remunerated use for which royalties are payable; neither is personal consumer use (e.g., in connection with a video teleconference).
Royalties apply as defined in the License. Click here for information.
Yes, the same terms apply whether one or more profiles are used.