INTEL OPEN COVID LICENSE 1.0
APRIL 7, 2020
Intel Corporation (the “Pledgor”), in order to speed the development and dissemination of the technologies needed to end the COVID-19 Pandemic and mitigate the effects of the disease, grants the license described below.
Our intent in doing so is to advance the shared cause of ending the COVID-19 Pandemic, and we do so without any expectation of consideration or compensation, and with knowledge of the rights we are licensing.
1. GRANT AND SCOPE
The Pledgor grants to every person and entity that wishes to accept it, a non-exclusive, royalty-free, worldwide, fully paid-up license (without the right to sublicense) (a) under Pledgor’s patents to make, have made, use, sell, and import any patented invention, solely for the purpose of diagnosing, preventing, containing, and treating COVID-19 (the “Purpose”), and (b) under Pledgor’s copyrights to reproduce, distribute, perform, display, and create derivative works of Pledgor’s copyrighted works solely for the Purpose. This license does not apply to the commercial sale of integrated circuits for data processing, memory and networking, including microprocessors, chipsets, FPGAs and ASICs. Any person or entity who exercises this license agrees by doing so to provide Intel, promptly after request, with documentation sufficient to confirm their compliance with these terms.
2. TIME LIMITATION
This license is effective as of December 1, 2019 and lasts until one year after WHO declares the COVID-19 Pandemic to have ended, but in any event, not beyond January 1, 2023.
3. REGULATORY EXCLUSIVITY
To the extent any laws regarding regulatory exclusivity for new pharmaceuticals are hereafter found to have applicability to the Pledgor’s products, the Pledgor will not assert any regulatory exclusivity against any entity for any of the activities licensed under Section 1, and the Pledgor will not seek injunctive or regulatory relief to prevent any entity from engaging in such activities.
4. DEFENSIVE SUSPENSION
The license and non-assertion covenant granted above shall automatically be suspended, and the Pledgor shall be free to assert the licensed patents and copyrights against any person or entity, if such person or entity threatens or initiates a suit or legal proceeding alleging the infringement of any patent or copyright against the Pledgor or any entity affiliated with the Pledgor for any activities this license authorizes others to engage in.
The license granted herein does not supplement or modify any existing agreements between Pledgor and any person or entity who exercises this license. In the event of any conflict between this license and an existing agreement, the terms of the existing agreement shall govern. The license granted herein is “AS IS” without any warranties, express or implied. Except as expressly set forth in this license, no other rights are granted, whether by implication, estoppel, statute or otherwise. All matters related to this license are governed by the laws of the State of Delaware, without reference to conflict-of-laws principles. All suits and other proceedings related to this Agreement are subject to the exclusive jurisdiction of the federal and state courts located in the State of Delaware.