Update Patent Grant

Author: fredemmott

PATENTS

@@ -1,23 +1,33 @@
-Additional Grant of Patent Rights
+Additional Grant of Patent Rights Version 2
 
-"Software" means the XHP software distributed by Facebook, Inc.
+"Software" means the XHP-Lib software distributed by Facebook, Inc.
 
-Facebook hereby grants you a perpetual, worldwide, royalty-free, non-exclusive,
-irrevocable (subject to the termination provision below) license under any
-rights in any patent claims owned by Facebook, 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 a third party,
-or (ii) the Software in combination with any software or other technology
-provided by you or a third party.
+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,
-for anyone that makes any claim (including by filing any lawsuit, assertion or
-other action) alleging (a) direct, indirect, or contributory infringement or
-inducement to infringe any patent: (i) by Facebook or any of its subsidiaries or
-affiliates, whether or not such claim is related to the Software, (ii) by any
-party if such claim arises in whole or in part from any software, product or
-service of Facebook or any of its subsidiaries or affiliates, whether or not
-such claim is related to the Software, or (iii) by any party relating to the
-Software; or (b) that any right in any patent claim of Facebook is invalid or
-unenforceable.
+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.