Add explicit patent-grant applicability and preserve vested rights, replace ambiguous combination examples with a closed standalone-effects list, define future-controlled Essential Claims against a concrete recipient date, use only the defined Specified Combination term, and make the otherwise-irrevocable license subject solely to express prospective automatic termination

1 files changed, 12 insertions, 4 deletions

diff --git a/LICENSES/AdditionRef-Progmasoft-Patent-Grant-1.0.txt b/LICENSES/AdditionRef-Progmasoft-Patent-Grant-1.0.txt
index 6e8848c..1d5b5b7 100644
--- a/LICENSES/AdditionRef-Progmasoft-Patent-Grant-1.0.txt
+++ b/LICENSES/AdditionRef-Progmasoft-Patent-Grant-1.0.txt
@@ -8,13 +8,13 @@ Progmasoft Patent Grant, Version 1.0
 
 Progmasoft "controls" a patent claim when Progmasoft has the right to grant the patent license in this Patent Grant without a duty to pay a third party for the grant, other than compensation owed to Progmasoft personnel.
 
-"Specified Combination" means a particular combination or interface that Progmasoft has expressly identified, by name and version or by another unambiguous identifier, in public technical documentation as intended for use with the relevant Progmasoft Contribution. A general compatibility statement, an example, publication or availability of an API, ABI, protocol, file format, SDK, or software, and the act of making or distributing software do not by themselves create a Specified Combination.
+"Specified Combination" means a particular combination or interface that Progmasoft has expressly identified, by name and version or by another unambiguous identifier, in public technical documentation as intended for use with the relevant Progmasoft Contribution. None of the following, standing alone, creates a Specified Combination: (a) a general statement of compatibility; (b) sample or illustrative code; (c) publication or availability of an API, ABI, protocol, file format, SDK, or software; or (d) making or distributing software.
 
-"Essential Claim" means a claim of a patent that Progmasoft owns or controls, now or in the future, that would necessarily be infringed by making, having made, using, offering to sell, selling, importing, or otherwise transferring a Progmasoft Contribution, either by itself or as part of a Specified Combination. Essential Claims do not include claims infringed only because of a downstream modification or a combination that is not a Specified Combination.
+"Essential Claim" means a claim of a patent that Progmasoft owns or controls at any time, whether on the date a recipient first receives Covered Software or afterward, that would necessarily be infringed by making, having made, using, offering to sell, selling, importing, or otherwise transferring a Progmasoft Contribution, either by itself or as part of a Specified Combination. Essential Claims do not include claims infringed only because of a downstream modification or a combination that is not a Specified Combination.
 
 2. Patent License
 
-Subject only to the defensive-termination provision in Section 4, Progmasoft grants each recipient of Covered Software a perpetual, worldwide, royalty-free, non-exclusive, irrevocable patent license under the Essential Claims to make, have made, use, offer to sell, sell, import, and otherwise transfer Covered Software and permitted combinations of Covered Software.
+Progmasoft grants each recipient of Covered Software a perpetual, worldwide, royalty-free, non-exclusive patent license under the Essential Claims to make, have made, use, offer to sell, sell, import, and otherwise transfer Covered Software, either by itself or as part of a Specified Combination. The license is irrevocable except for the automatic termination expressly provided in Section 4.
 
 This license includes the right to distribute Covered Software and to pass the benefit of this Patent Grant directly to downstream recipients. Every downstream recipient receives this Patent Grant directly from Progmasoft; no distributor is required to grant rights in patents it does not own or control.
 
@@ -26,7 +26,7 @@ Running Covered Software to compile, generate, transform, format, analyze, or ot
 
 4. Defensive Termination
 
-If a recipient initiates patent litigation alleging that Covered Software or a Progmasoft Contribution directly or contributorily infringes a patent, the patent licenses granted to that recipient under this Patent Grant terminate on the date the claim is filed.
+If a recipient initiates patent litigation alleging that Covered Software or a Progmasoft Contribution directly or contributorily infringes a patent, all patent licenses granted to that recipient under this Patent Grant automatically terminate, prospectively, on the date the recipient files that claim. No other act, omission, or circumstance terminates or permits revocation of those licenses.
 
 Good-faith notice of a possible patent issue, a request to discuss licensing, participation in a standards process, and a claim asserted solely as a compulsory counterclaim, cross-claim, or defense in response to patent litigation initiated against the recipient do not trigger termination.
 
@@ -46,4 +46,12 @@ The patent rights are granted without warranties or conditions of any kind. The
 
 If any provision of this Patent Grant is held unenforceable, the remaining provisions continue to apply to the maximum extent permitted by law.
 
+8. Applicability
+
+This Patent Grant applies to Covered Software distributed in a repository, source distribution, or binary distribution that includes a PATENTS notice expressly identifying AdditionRef-Progmasoft-Patent-Grant-1.0 and the canonical text of this Patent Grant, and to Covered Software that Progmasoft otherwise expressly identifies in writing as covered by that identifier.
+
+Compatibility with Covered Software, use of the same API, ABI, protocol, file format, or SDK, inclusion in the same distribution, or authorship or publication by Progmasoft does not by itself make other software subject to or covered by this Patent Grant.
+
+Removal or omission of the notice from a later copy does not retroactively terminate patent rights that a recipient already received under this Patent Grant. It also does not establish applicability to software that was not Covered Software when those rights were received.
+
 SPDX custom addition identifier: AdditionRef-Progmasoft-Patent-Grant-1.0