Preview
FILED: NEW YORK COUNTY CLERK 09/15/2023 11:54 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/15/2023
Exhibit 1
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/16/2022
09/15/2023 06:19
11:54 PM
PM INDEX NO.
INDEX NO. 656312/2022
656312/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 112
2 RECEIVED NYSCEF:
RECEIVED NYSCEF: 09/15/2023
05/16/2022
Exhibit 1
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/15/2023
05/16/2022 11:54
06:19 PM
PM INDEX NO.
INDEX NO. 656312/2022
656312/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 112
2 RECEIVED NYSCEF:
RECEIVED NYSCEF: 09/15/2023
05/16/2022
AGREEMENT AMONG LICENSORS REGARDING THE HEVC STANDARD
12th
This Agreement Among Licensors Regarding the HEVC Standard is made this day of May, 2014 by
and between: Apple Inc., a corporation of California, U.S.A., having a principal place of business in
Cupertino, California, U.S.A. ("Apple"); Electronics and Telecommunications Research Institute
(ETRI), a corporation of Korea, having a principal place of business in Daejeon, Korea ("ETRI");
Fujitsu Limited, a corporation of Japan, having a principal place of business in Kawasaki, Japan
("Fujitsu"); Hitachi Maxell, Ltd., a corporation of Japan, having a principal place of business in Osaka,
Japan ("Hitachi"); HUMAX Holdings Co., Ltd., a corporation of Korea, having a principal place of
business in Seongnam-si, Korea ("HUMAX Holdings"); Intellectual Discovery Co. LTD., a corporation
of Korea, having a principal place of business in Seoul, Korea ("Intellectual Discovery"); JVC
KENWOOD Corporation, a corporation of Japan, having a principal place of business in Yokohama,
Japan ("JVC KENWOOD"); Korea Advanced Institute of Science and Technology, a corporation of
Korea, having a principal place of business in Daejeon, Korea ("KAIST"); Korea Broadcasting System,
a corporation of Korea, having a principal place of business in Seoul, Korea ("KBS"); KT Corp., a
corporation of Korea, having a principal place of business in Seongnam, Korea ("KT"); M&K Holdings
Inc., a corporation of Korea, having a principal place of business in Seoul, Korea ("M&K"); NEC
Corporation, a corporation of Japan, having a principal place of business in Tokyo, Japan ("NEC");
NEWRACOM, Inc., a corporation of Delaware, U.S.A., having a principal place of business in Irvine,
California, U.S.A. ("NEWRACOM"); Nippon Hoso Kyokai, a corporation of Japan, having a principal
place of business in Tokyo, Japan ("NHK"); Nippon Telegraph and Telephone Corporation, a
corporation of Japan, having a principal place of business in Tokyo, Japan ("NTT"); NTT DOCOMO,
INC., a corporation of Japan, having a principal place of business in Tokyo, Japan ("NTT DOCOMO");
Orange SA, a corporation of France, having a principal place of business in Paris, France ("Orange");
Samsung Electronics Co., Ltd., a corporation of Korea, having a principal place of business in Seoul,
Korea ("Samsung"); Siemens Corp., a corporation of Delaware, U.S.A., having a principal place of
business in Washington D.C., U.S.A. ("Siemens"); SK Telecom, a corporation of Korea, having a
principal place of business in Seoul, Korea ("SK Telecom"); Tagivan H, LLC, a limited liability
corporation of Delaware, U.S.A., having a principal place of business in Chevy Chase, Maryland, U.S.A.
("Tagivan II"); The Trustees of Columbia University in the City of New York, a not-for-profit
corporation of New York, U.S.A., having a principal place of business in New York City, New York,
U.S.A. ("Columbia"); and Vidyo, Inc. a corporation of Delaware, U.S.A., having a principal place of
"Parties"
business in Hackensack, New Jersey, U.S.A. ("Vidyo") (hereinafter collectively the or
"Party,"
individually the as more fully defined in this Agreement).
WHEREAS, a visual standard commonly referred to as HEVC has been defined and is referred to in this
Standard"
Agreement as the "HEVC (as more fully defined herein below);
WHEREAS, the Parties each have the right to license or sublicense one or more Patents which claim
apparatus and/or methods necessary for compliance with the HEVC Standard (as more fully defined
below and hereinafter referred to as the "HEVC Essential Patents");
WHEREAS, each Party believes that the HEVC Standard represents a significant advance in the field of
digital visual data compression, which will make available innovative new products and services to the
public, and for this reason desires to encourage widespread adoption of the HEVC Standard;
WHEREAS, nothing in this Agreement precludes the respective Parties from licensing or sublicensing
rights under individual HEVC Essential Patents under terms and conditions each Party in its sole
[1]
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/15/2023
05/16/2022 11:54
06:19 PM
PM INDEX NO.
INDEX NO. 656312/2022
656312/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 112
2 RECEIVED NYSCEF:
RECEIVED NYSCEF: 09/15/2023
05/16/2022
HEVC AGREEMENT AMONG LICENSORS (cont'd)
discretion deems advisable to make, use, or sell products or processes, including but not limited to the
rights licensed in the HEVC Patent Portfolio License;
WHEREAS, each Party hereby commits to make available individual licenses and/or sublicenses under
any and all HEVC Essential Patents licensable or sublicensable by the Party (without payment to any
third party which is not an Affiliate) to any individual, company or other entity requiring such a license
and/or sublicense on reasonable and nondiscriminatory terms and conditions in light of the terms offered
in the HEVC Patent Portfolio License;
WHEREAS, the Parties have discussed various matters necessary to implement a single licensing
program for the benefit of licensees, but have not entered into any discussions concerning the marketing,
selling or other such matters involving licensed products, nor have the Parties had any discussions or will
have any discussions concerning each Party's individual licensing of its HEVC Essential Patents or
royalty rates in connection with such individual licensing; and
WHEREAS, the Parties desire to make available license rights in a single license (hereinafter referred to
as the "HEVC Patent Portfolio License") under all HEVC Essential Patents that they or their Affiliates
now or in the future may own or have the right to license or sublicense (without payment to any third
party which is not an Affiliate) for the convenience of any individual, company or other entity desirous
of acquiring such rights, thereby avoiding the need for any licensee to obtain a separate license from each
of the Parties under its HEVC Essential Patents.
. . NO.W,.THEREEORE,_THE_EARTIES.AGREE_AS-EOLLOWS
1. DEFINITIONS
The definitions set forth in this Article shall apply to the following terms when used with initial
capital letters in this Agreement, its attachments, and amendments hereto.
1.1 Affiliate - shall mean a Legal which now or hereinafter or
Entity directly indirectly
controls, is controlled by, or is under common control with a party. For purposes of this
Section 1.1, control shall mean direct or beneficial ownership of more than fifty percent
(50%) of the outstanding shares representing the right to vote for directors or other
managing officers of such Legal Entity, or the power to directly or indirectly instruct,
appoint, or remove the party or parties who have the right make
to decisions for such
"control"
entity. An entity shall be deemed an Affiliate only so long as such exists.
1.2 Agreement - shall mean this Agreement Licensors the HEVC
Among Regarding
Standard, including exhibits, attachments, amendments and modifications hereto.
1.3 Arm's-Length Sale - shall mean a sale between or among entities that are not Affiliates
and at competitive conditions which prevail in the market or the equivalent of such sale.
1.4 End User - shall mean natural person or which
any entity orders, sends, purchases,
retrieves, receives or is specifically sent an HEVC Product for their or its use, whether
alone or in combination with any other product, and not for re-Sale
1.5 HEVC Codec - shall mean software and/or hardware that comprises one HEVC Decoder
and/or one HEVC Encoder. For avoidance of doubt, software or hardware which includes
[2]
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/15/2023
05/16/2022 11:54
06:19 PM
PM INDEX NO.
INDEX NO. 656312/2022
656312/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 112
2 RECEIVED NYSCEF:
RECEIVED NYSCEF: 09/15/2023
05/16/2022
HEVC AGREEMENT AMONG LICENSORS (cont'd)
more than one HEVC Decoder or more than one HEVC Encoder shall be deemed to
include more than one HEVC Codec.
1.6 HEVC - shall mean software and/or hardware that is capable of a
Decoder(s) converting
bitstream substantially in accordance with the HEVC Standard to video samples,
1.7 HEVC - shall mean software and/or hardware that is capable of
Encoder(s) converting
video samples to a bitstream substantially in accordance with the HEVC Standard.
1.8 HEVC Essential Patent - shall mean and all but such in a Patent
any claims, only claims,
which are necessarily infringed in connection with the use or implementation of the HEVC
Standard under the laws of the country which issued or published the Patent.
1.9 HEVC Implementation Specific Related Patent - shall mean and all but
any claims,
only such claims, in a Patent in the field of visual compression which is not an HEVC
Essential Patent, but which is infringed by practicing a particular part of the HEVC
Standard, wherein there is an alternate way to practice the same particular part of the
HEVC Standard without infringing such claims.
1.10 HEVC Patent Portfolio - shall mean the portfolio of HEVC Essential Patents which are
initially identified in Attachment 1 to the HEVC Patent Portfolio License, which portfolio
may be supplemented or reduced from time to time in accordance with the provisions of
the HEVC Patent Portfolialicense. .. .. . . .. .. ... . . .. .. .
sublicense under all HEVC Patent Portfolio Patents, which sublicense shall initially be
identical in form to the sample sublicense attached hereto as Attachment 1 and as such
sublicense shall from time to time be amended as set forth herein.
1.12 HEVC Patent Portfolio Patent - shall mean an HEVC Essential Patent under which a
Party has the right to grant a license or sublicense to a third party (without payment to any
other party which is not an Affiliate) with the right of such third party to grant sublicenses,
and which is included in the HEVC Patent Portfolio.
1.13 HEVC Product - shall mean an HEVC HEVC or HEVC Codec in
Decoder, Encoder,
whatever form or implementation, including software and/or hardware, that is:
(a) contained in a product (such as a mobile phone, tablet, television, set top box,
computer, digital/personal video recorder, optical disc player or recorder, game
console, software, etc.) Sold to an End User or offered for Sale to an End User, or
(b) software Sold to an End User or offered for Sale to an End User that is capable of
being installed in a product (such as a mobile phone, tablet, television, set top box,
computer, digital/personal video recorder, optical disc player or recorder, game
console, software, etc.),
which product, or software capable of being installed in a product, bears the brand name
that Licensee owns or otherwise has the right (or apparent right) to use at Licensee's
discretion or bearing no brandname if the decision to do so is at the discretion of Licensee.
An HEVC Product includes only the software and/or hardware that is substantially in
[3]
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/15/2023
05/16/2022 11:54
06:19 PM
PM INDEX NO.
INDEX NO. 656312/2022
656312/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 112
2 RECEIVED NYSCEF:
RECEIVED NYSCEF: 09/15/2023
05/16/2022
HEVC AGREEMENT AMONG LICENSORS (cont'd)
accordance with the HEVC Standard and excludes any other portion or segment of a
product that is not substantially in accordance with the HEVC Standard,
1.14 HEVC Product - shall mean an HEVC Product for which a royalty is payable to
Royalty
the Licensing Administrator under the HEVC Patent Portfolio License.
1.15 HEVC Standard - shall mean the visual standard defined in Version 1 of ISO/IEC
23008-2 MPEG-H Part 2 and ITU-T Recommendation H.265.
As authorized in accordance with Section 6.3 of the Agreement Among Licensors, the
definition of HEVC Standard shall be considered amended for all purposes upon the
posting of a new definition to the website of the Licensing Administrator,
http://www.mpegla.com ("Amended Definition"); provided, however, that no Amended
Definition shall reduce the scope of any definition of the HEVC Standard immediately
prior to the posting of the Amended Definition. Section 8.1 herein shall not apply to any
Amended Definition.
1.16 HEVC Video - shall mean video or still picture encoded in accordance with
substantially
the HEVC Standard.
1.17 Legal - shall mean a limited
Entity corporation, liability company, partnership,
individual or other entity recognized by state, provincial or national law as having the
_ power-to-contract and to...sue or-be sued
1.18 Administrator - shall mean MPEG L.L.C. ("MPEG or
Licensing LA, LA"), any
successor thereof appointed pursuant to Section 3.4 of this Agreement which enters into
the Licensing Administrator Agreement Regarding the HEVC Standard ("Licensing
Administrator Agreement").
1.19 Licensors - shall mean those Parties which have executed this
(individually Licensor)
Agreement. A list of such Parties shall be made available and kept current by the
Licensing Administrator.
1.20 Original Licensors - shall mean parties that sign the HEVC documents (HEVC
licensing
Patent Portfolio License (as applicable), Agreement Among Licensors, Licensing
Administrator Agreement and the License From Licensor To Licensing Administrator)
prior to launch of the HEVC Patent Portfolio License or a party that participated in the
joint license facilitation process prior to launch of the HEVC licensing program by the
Licensing Administrator and could not join at the launch because the party did not have an
issued patent that could be evaluated as an HEVC Essential Patent but submitted the patent
for evaluation within ninety (90) days of its issue date or acquisition of ownership and
signed the HEVC licensing documents within 30 days of having a Patent Consultant find
that their submitted HEVC patent application is an HEVC Essential Patent, including the
following companies: Apple, ETRI, Fujitsu, Hitachi, HUMAX Holdings, Intellectual
Discovery, JVC KENWOOD, KAIST, KBS, KT, M&K, NEC, NEWRACOM, NHK,
NTT, NTT DOCOMO, Orange, Samsung, Siemens, SK Telecom, Tagivan II, Columbia,
and Vidyo.
[4]
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/15/2023
05/16/2022 11:54
Preview
FILED: NEW YORK COUNTY CLERK 09/15/2023 11:54 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/15/2023 Exhibit 1 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/16/2022 09/15/2023 06:19 11:54 PM PM INDEX NO. INDEX NO. 656312/2022 656312/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 112 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 09/15/2023 05/16/2022 Exhibit 1 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/15/2023 05/16/2022 11:54 06:19 PM PM INDEX NO. INDEX NO. 656312/2022 656312/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 112 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 09/15/2023 05/16/2022 AGREEMENT AMONG LICENSORS REGARDING THE HEVC STANDARD 12th This Agreement Among Licensors Regarding the HEVC Standard is made this day of May, 2014 by and between: Apple Inc., a corporation of California, U.S.A., having a principal place of business in Cupertino, California, U.S.A. ("Apple"); Electronics and Telecommunications Research Institute (ETRI), a corporation of Korea, having a principal place of business in Daejeon, Korea ("ETRI"); Fujitsu Limited, a corporation of Japan, having a principal place of business in Kawasaki, Japan ("Fujitsu"); Hitachi Maxell, Ltd., a corporation of Japan, having a principal place of business in Osaka, Japan ("Hitachi"); HUMAX Holdings Co., Ltd., a corporation of Korea, having a principal place of business in Seongnam-si, Korea ("HUMAX Holdings"); Intellectual Discovery Co. LTD., a corporation of Korea, having a principal place of business in Seoul, Korea ("Intellectual Discovery"); JVC KENWOOD Corporation, a corporation of Japan, having a principal place of business in Yokohama, Japan ("JVC KENWOOD"); Korea Advanced Institute of Science and Technology, a corporation of Korea, having a principal place of business in Daejeon, Korea ("KAIST"); Korea Broadcasting System, a corporation of Korea, having a principal place of business in Seoul, Korea ("KBS"); KT Corp., a corporation of Korea, having a principal place of business in Seongnam, Korea ("KT"); M&K Holdings Inc., a corporation of Korea, having a principal place of business in Seoul, Korea ("M&K"); NEC Corporation, a corporation of Japan, having a principal place of business in Tokyo, Japan ("NEC"); NEWRACOM, Inc., a corporation of Delaware, U.S.A., having a principal place of business in Irvine, California, U.S.A. ("NEWRACOM"); Nippon Hoso Kyokai, a corporation of Japan, having a principal place of business in Tokyo, Japan ("NHK"); Nippon Telegraph and Telephone Corporation, a corporation of Japan, having a principal place of business in Tokyo, Japan ("NTT"); NTT DOCOMO, INC., a corporation of Japan, having a principal place of business in Tokyo, Japan ("NTT DOCOMO"); Orange SA, a corporation of France, having a principal place of business in Paris, France ("Orange"); Samsung Electronics Co., Ltd., a corporation of Korea, having a principal place of business in Seoul, Korea ("Samsung"); Siemens Corp., a corporation of Delaware, U.S.A., having a principal place of business in Washington D.C., U.S.A. ("Siemens"); SK Telecom, a corporation of Korea, having a principal place of business in Seoul, Korea ("SK Telecom"); Tagivan H, LLC, a limited liability corporation of Delaware, U.S.A., having a principal place of business in Chevy Chase, Maryland, U.S.A. ("Tagivan II"); The Trustees of Columbia University in the City of New York, a not-for-profit corporation of New York, U.S.A., having a principal place of business in New York City, New York, U.S.A. ("Columbia"); and Vidyo, Inc. a corporation of Delaware, U.S.A., having a principal place of "Parties" business in Hackensack, New Jersey, U.S.A. ("Vidyo") (hereinafter collectively the or "Party," individually the as more fully defined in this Agreement). WHEREAS, a visual standard commonly referred to as HEVC has been defined and is referred to in this Standard" Agreement as the "HEVC (as more fully defined herein below); WHEREAS, the Parties each have the right to license or sublicense one or more Patents which claim apparatus and/or methods necessary for compliance with the HEVC Standard (as more fully defined below and hereinafter referred to as the "HEVC Essential Patents"); WHEREAS, each Party believes that the HEVC Standard represents a significant advance in the field of digital visual data compression, which will make available innovative new products and services to the public, and for this reason desires to encourage widespread adoption of the HEVC Standard; WHEREAS, nothing in this Agreement precludes the respective Parties from licensing or sublicensing rights under individual HEVC Essential Patents under terms and conditions each Party in its sole [1] FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/15/2023 05/16/2022 11:54 06:19 PM PM INDEX NO. INDEX NO. 656312/2022 656312/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 112 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 09/15/2023 05/16/2022 HEVC AGREEMENT AMONG LICENSORS (cont'd) discretion deems advisable to make, use, or sell products or processes, including but not limited to the rights licensed in the HEVC Patent Portfolio License; WHEREAS, each Party hereby commits to make available individual licenses and/or sublicenses under any and all HEVC Essential Patents licensable or sublicensable by the Party (without payment to any third party which is not an Affiliate) to any individual, company or other entity requiring such a license and/or sublicense on reasonable and nondiscriminatory terms and conditions in light of the terms offered in the HEVC Patent Portfolio License; WHEREAS, the Parties have discussed various matters necessary to implement a single licensing program for the benefit of licensees, but have not entered into any discussions concerning the marketing, selling or other such matters involving licensed products, nor have the Parties had any discussions or will have any discussions concerning each Party's individual licensing of its HEVC Essential Patents or royalty rates in connection with such individual licensing; and WHEREAS, the Parties desire to make available license rights in a single license (hereinafter referred to as the "HEVC Patent Portfolio License") under all HEVC Essential Patents that they or their Affiliates now or in the future may own or have the right to license or sublicense (without payment to any third party which is not an Affiliate) for the convenience of any individual, company or other entity desirous of acquiring such rights, thereby avoiding the need for any licensee to obtain a separate license from each of the Parties under its HEVC Essential Patents. . . NO.W,.THEREEORE,_THE_EARTIES.AGREE_AS-EOLLOWS 1. DEFINITIONS The definitions set forth in this Article shall apply to the following terms when used with initial capital letters in this Agreement, its attachments, and amendments hereto. 1.1 Affiliate - shall mean a Legal which now or hereinafter or Entity directly indirectly controls, is controlled by, or is under common control with a party. For purposes of this Section 1.1, control shall mean direct or beneficial ownership of more than fifty percent (50%) of the outstanding shares representing the right to vote for directors or other managing officers of such Legal Entity, or the power to directly or indirectly instruct, appoint, or remove the party or parties who have the right make to decisions for such "control" entity. An entity shall be deemed an Affiliate only so long as such exists. 1.2 Agreement - shall mean this Agreement Licensors the HEVC Among Regarding Standard, including exhibits, attachments, amendments and modifications hereto. 1.3 Arm's-Length Sale - shall mean a sale between or among entities that are not Affiliates and at competitive conditions which prevail in the market or the equivalent of such sale. 1.4 End User - shall mean natural person or which any entity orders, sends, purchases, retrieves, receives or is specifically sent an HEVC Product for their or its use, whether alone or in combination with any other product, and not for re-Sale 1.5 HEVC Codec - shall mean software and/or hardware that comprises one HEVC Decoder and/or one HEVC Encoder. For avoidance of doubt, software or hardware which includes [2] FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/15/2023 05/16/2022 11:54 06:19 PM PM INDEX NO. INDEX NO. 656312/2022 656312/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 112 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 09/15/2023 05/16/2022 HEVC AGREEMENT AMONG LICENSORS (cont'd) more than one HEVC Decoder or more than one HEVC Encoder shall be deemed to include more than one HEVC Codec. 1.6 HEVC - shall mean software and/or hardware that is capable of a Decoder(s) converting bitstream substantially in accordance with the HEVC Standard to video samples, 1.7 HEVC - shall mean software and/or hardware that is capable of Encoder(s) converting video samples to a bitstream substantially in accordance with the HEVC Standard. 1.8 HEVC Essential Patent - shall mean and all but such in a Patent any claims, only claims, which are necessarily infringed in connection with the use or implementation of the HEVC Standard under the laws of the country which issued or published the Patent. 1.9 HEVC Implementation Specific Related Patent - shall mean and all but any claims, only such claims, in a Patent in the field of visual compression which is not an HEVC Essential Patent, but which is infringed by practicing a particular part of the HEVC Standard, wherein there is an alternate way to practice the same particular part of the HEVC Standard without infringing such claims. 1.10 HEVC Patent Portfolio - shall mean the portfolio of HEVC Essential Patents which are initially identified in Attachment 1 to the HEVC Patent Portfolio License, which portfolio may be supplemented or reduced from time to time in accordance with the provisions of the HEVC Patent Portfolialicense. .. .. . . .. .. ... . . .. .. . sublicense under all HEVC Patent Portfolio Patents, which sublicense shall initially be identical in form to the sample sublicense attached hereto as Attachment 1 and as such sublicense shall from time to time be amended as set forth herein. 1.12 HEVC Patent Portfolio Patent - shall mean an HEVC Essential Patent under which a Party has the right to grant a license or sublicense to a third party (without payment to any other party which is not an Affiliate) with the right of such third party to grant sublicenses, and which is included in the HEVC Patent Portfolio. 1.13 HEVC Product - shall mean an HEVC HEVC or HEVC Codec in Decoder, Encoder, whatever form or implementation, including software and/or hardware, that is: (a) contained in a product (such as a mobile phone, tablet, television, set top box, computer, digital/personal video recorder, optical disc player or recorder, game console, software, etc.) Sold to an End User or offered for Sale to an End User, or (b) software Sold to an End User or offered for Sale to an End User that is capable of being installed in a product (such as a mobile phone, tablet, television, set top box, computer, digital/personal video recorder, optical disc player or recorder, game console, software, etc.), which product, or software capable of being installed in a product, bears the brand name that Licensee owns or otherwise has the right (or apparent right) to use at Licensee's discretion or bearing no brandname if the decision to do so is at the discretion of Licensee. An HEVC Product includes only the software and/or hardware that is substantially in [3] FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/15/2023 05/16/2022 11:54 06:19 PM PM INDEX NO. INDEX NO. 656312/2022 656312/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 112 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 09/15/2023 05/16/2022 HEVC AGREEMENT AMONG LICENSORS (cont'd) accordance with the HEVC Standard and excludes any other portion or segment of a product that is not substantially in accordance with the HEVC Standard, 1.14 HEVC Product - shall mean an HEVC Product for which a royalty is payable to Royalty the Licensing Administrator under the HEVC Patent Portfolio License. 1.15 HEVC Standard - shall mean the visual standard defined in Version 1 of ISO/IEC 23008-2 MPEG-H Part 2 and ITU-T Recommendation H.265. As authorized in accordance with Section 6.3 of the Agreement Among Licensors, the definition of HEVC Standard shall be considered amended for all purposes upon the posting of a new definition to the website of the Licensing Administrator, http://www.mpegla.com ("Amended Definition"); provided, however, that no Amended Definition shall reduce the scope of any definition of the HEVC Standard immediately prior to the posting of the Amended Definition. Section 8.1 herein shall not apply to any Amended Definition. 1.16 HEVC Video - shall mean video or still picture encoded in accordance with substantially the HEVC Standard. 1.17 Legal - shall mean a limited Entity corporation, liability company, partnership, individual or other entity recognized by state, provincial or national law as having the _ power-to-contract and to...sue or-be sued 1.18 Administrator - shall mean MPEG L.L.C. ("MPEG or Licensing LA, LA"), any successor thereof appointed pursuant to Section 3.4 of this Agreement which enters into the Licensing Administrator Agreement Regarding the HEVC Standard ("Licensing Administrator Agreement"). 1.19 Licensors - shall mean those Parties which have executed this (individually Licensor) Agreement. A list of such Parties shall be made available and kept current by the Licensing Administrator. 1.20 Original Licensors - shall mean parties that sign the HEVC documents (HEVC licensing Patent Portfolio License (as applicable), Agreement Among Licensors, Licensing Administrator Agreement and the License From Licensor To Licensing Administrator) prior to launch of the HEVC Patent Portfolio License or a party that participated in the joint license facilitation process prior to launch of the HEVC licensing program by the Licensing Administrator and could not join at the launch because the party did not have an issued patent that could be evaluated as an HEVC Essential Patent but submitted the patent for evaluation within ninety (90) days of its issue date or acquisition of ownership and signed the HEVC licensing documents within 30 days of having a Patent Consultant find that their submitted HEVC patent application is an HEVC Essential Patent, including the following companies: Apple, ETRI, Fujitsu, Hitachi, HUMAX Holdings, Intellectual Discovery, JVC KENWOOD, KAIST, KBS, KT, M&K, NEC, NEWRACOM, NHK, NTT, NTT DOCOMO, Orange, Samsung, Siemens, SK Telecom, Tagivan II, Columbia, and Vidyo. [4] FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/15/2023 05/16/2022 11:54