Merlin Cinematic Patent Agreement
Merlin Cinematic, Inc. will not pursue patent lawsuits against any entity that implements the Delta Timeline Assembly (DELTA) standard.
Merlin Cinematic irrevocably agrees that it will not pursue any lawsuit against any entity for infringing a Merlin Cinematic patent for implementing the DELTA standard, as long as the entity is acting in good faith. Key terms of the Agreement are explained below.
Definition of Key Terms
"Merlin Cinematic Patents" means all patents owned now or in the future by Merlin Cinematic (excluding patents owned jointly with a third party or any patent that Merlin Cinematic acquires that is somehow encumbered from being subject to this Agreement).
A list of Merlin Cinematic Patents subject to the Agreement will be maintained at this URL: https://merlin.video/patents
An entity is "acting in good faith" as long as the entity and the entity’s related or affiliated companies have not:
Marketed or sold any product that does not implement the DELTA standard while said product also infringes upon Merlin Cinematic Patents
Pursued any patent or other intellectual property right against Merlin Cinematic
Pursued any patent right against a third party for its use of technologies relating to the DELTA standard
Pursued a challenge or helped other entities challenge any patent or other intellectual property right against Merlin Cinematic
Had a financial stake in any challenge to any patent or other intellectual property right against Merlin Cinematic
Transfer of Merlin Cinematic Patents
Should Merlin Cinematic ever transfer a Merlin Cinematic Patent to a different entity, it will do so only if said entity agrees – by means of a public declaration intended to be binding on such entity – to honor the same rights under the Agreement and to require the same rights on any subsequent transferee.
The Agreement is irrevocable and legally binding on Merlin Cinematic and its successors. The Agreement is a forbearance of legal pursuit of remedy by Merlin Cinematic against any entity for claims of infringement, as long as said entity is acting in good faith.
The Agreement is not a waiver of any patent claims, including claims for damages for past acts of infringement. The Agreement is not a license, compact not to sue or permission to engage in patented activities or a limitation on remedies, damages or claims. Except as explicit in the Agreement, no rights can be deemed granted, waived or received by implication, exhaustion, estoppel or otherwise. The Agreement is not an indication of the value of a negotiated license or a royalty.
US 11289126 Apparatus and method for efficient collaboration and change management of a non-linear editing process