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