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XML Paper Specification Patent License

Updated: February 17, 2006

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Rights and Obligations  Rights and Obligations
XPS Document  XPS Document
Patent License  Patent License
Legal Disclaimers  Legal Disclaimers
Reservation of Rights  Reservation of Rights


Rights and Obligations

This document is intended to expand upon the rights that Microsoft grants to the XML Paper Specification ("XPS"). As described in this document, the XML Paper Specification includes rights under copyright to make reproductions and to display and distribute those reproductions, subject to certain terms and conditions. The purpose of this document is to provide a patent license to individuals and organizations interested in implementing software programs that can read or write documents that comply with the XPS Document format ("XPS Documents"), or render XPS Documents as allowed by the XML Paper Specification. As more fully described below, those engaged in the business of developing (i) scanners that output XPS Documents; (ii) printers that consume XPS Documents to produce hard-copy output; or (iii) print driver or raster image software products or components thereof that convert XPS Documents for the purpose of producing hard-copy output, have additional obligations under this license.

Please read this entire document carefully to understand your rights.

XPS Document

Microsoft Windows operating systems may include support for XPS Documents as defined in chapter one of the XML Paper Specification. A copy of the XML Paper Specification, which includes an associated copyright notice and license, can be found at http://msdn.microsoft.com/en-us/windows/hardware/gg463431.aspx.

Patent License

Microsoft may have patents and/or patent applications that are necessary for you to license in order to make, sell, or distribute software programs that read or write XPS Documents, or render XPS Documents as allowed by the XML Paper Specification.

Except as provided below, Microsoft hereby grants you a royalty-free license under Microsoft's Necessary Claims to make, use, sell, offer to sell, import, and otherwise distribute Licensed Implementations solely for the purpose of reading or writing XPS Documents, or rendering XPS Documents as allowed by the XML Paper Specification. A "Licensed Implementation" means only those specific portions of a software product that can read or write XPS Documents, or render XPS Documents as allowed by the XML Paper Specification. The term "Necessary Claims" means claims of a patent or patent application (including continuations, continuations-in-part, or reissues) that are owned or controlled by Microsoft and that are necessarily infringed by the Licensed Implementation. A claim is necessarily infringed only when it is not possible to avoid infringing when reading or writing XPS Documents, or rendering XPS Documents as allowed by the XML Paper Specification. Notwithstanding the foregoing, "Necessary Claims" do not include any claims: (i) that would require a payment of royalties by Microsoft to unaffiliated third parties; (ii) covering any Enabling Technologies that may be necessary to make or use any product incorporating a Licensed Implementation, or (iii) covering the reading or writing of documents other than XPS Documents, or rendering of XPS Documents in a manner that is different than the rendering allowed by the XML Paper Specification. "Enabling Technologies" means technologies that may be necessary to make or use any product or portion of a product that complies with the XML Paper Specification, but are not expressly set forth or required in the XML Paper Specification, such as general word processing, spreadsheet or presentation features or functionality, operating system technology, programming interfaces, protocols, and the like.

As a condition of this patent license, if you are engaged in the business of developing (i) scanners that output XPS Documents; (ii) printers that consume XPS Documents to produce hard-copy output; or (iii) print driver or raster image software products or components thereof that convert XPS Documents for the purpose of producing hard-copy output, you covenant that you and your affiliates will not sue Microsoft or any of its licensees under the XML Paper Specification or customers for infringement of any XML Paper Specification Derived Patents (as defined below) on account of any manufacture, use, sale, offer for sale, importation or other disposition or promotion of any XML Paper Specification implementations. XML Paper Specification Derived Patents mean any patents covering inventions conceived or derived by you or any of your affiliates from access to the XML Paper Specification.

If you distribute, license or sell a Licensed Implementation, this license is conditioned upon you requiring that the following notice be prominently displayed in all copies and derivative works of your source code and in copies of the documentation and licenses associated with your Licensed Implementation:

This product may incorporate intellectual property owned by Microsoft Corporation. The terms and conditions upon which Microsoft is licensing such intellectual property may be found at http://go.microsoft.com/fwlink/?LinkId=52369.

By including the above notice in a Licensed Implementation, you will be deemed to have accepted the terms and conditions of this license. You are not licensed to distribute a Licensed Implementation under license terms and conditions that prohibit the terms and conditions of this license.

You are not licensed to sublicense or transfer your rights.

By way of clarification of the foregoing, given the unique role of government institutions, end users will not violate this license by merely reading government documents that constitute XPS Documents, or by using (solely for the purpose of reading such documents) any software that enables them to do so. The term "government documents" includes public records.

Microsoft reserves the right to terminate this license grant if you sue Microsoft or any of Microsoft's affiliates for patent infringement over claims relating to reading or writing XPS Documents, or rendering of XPS Documents as allowed by the XML Paper Specification. This license is perpetual subject to this reservation.

You should consult applicable export control laws and regulations to determine whether they apply to your Licensed Implementation.

Legal Disclaimers

THE PATENT LICENSE GRANTED HEREIN IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, DUTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. MICROSOFT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS LICENSE, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES EVEN IF MICROSOFT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Reservation of Rights

All rights not expressly granted in this license are reserved by Microsoft. No additional rights are granted by implication or estoppel or otherwise. Nothing herein grants any rights to use or display any Microsoft trademarks or logos.

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