1UNIVERSITY PATENT NOTICE: 2 The technology is licensed by the Massachusetts Institute of 3 Technology, Rutgers State University of New Jersey, and the Research 4 Foundation of State University of New York at Stony Brook under 5 United States of America Serial No. 11/760379 and to the patents 6 and/or patent applications resulting from it. 7PATENT MARKING NOTICE: 8 This software is covered by US Patent No. 8,185,551. 9 This software is covered by US Patent No. 8,489,638. 10PATENT RIGHTS GRANT: 11 "THIS IMPLEMENTATION" means the copyrightable works distributed by 12 Percona as part of the Fractal Tree project. 13 "PATENT CLAIMS" means the claims of patents that are owned or 14 licensable by Percona, both currently or in the future; and that in 15 the absence of this license would be infringed by THIS 16 IMPLEMENTATION or by using or running THIS IMPLEMENTATION. 17 "PATENT CHALLENGE" shall mean a challenge to the validity, 18 patentability, enforceability and/or non-infringement of any of the 19 PATENT CLAIMS or otherwise opposing any of the PATENT CLAIMS. 20 Percona hereby grants to you, for the term and geographical scope of 21 the PATENT CLAIMS, a non-exclusive, no-charge, royalty-free, 22 irrevocable (except as stated in this section) patent license to 23 make, have made, use, offer to sell, sell, import, transfer, and 24 otherwise run, modify, and propagate the contents of THIS 25 IMPLEMENTATION, where such license applies only to the PATENT 26 CLAIMS. This grant does not include claims that would be infringed 27 only as a consequence of further modifications of THIS 28 IMPLEMENTATION. If you or your agent or licensee institute or order 29 or agree to the institution of patent litigation against any entity 30 (including a cross-claim or counterclaim in a lawsuit) alleging that 31 THIS IMPLEMENTATION constitutes direct or contributory patent 32 infringement, or inducement of patent infringement, then any rights 33 granted to you under this License shall terminate as of the date 34 such litigation is filed. If you or your agent or exclusive 35 licensee institute or order or agree to the institution of a PATENT 36 CHALLENGE, then Percona may terminate any rights granted to you 37 under this License. 38