Exhibit 10.24
AVC PATENT PORTFOLIO
LICENSE
This Agreement is made this 1st day
of October, 2007, by and between MPEG LA, L.L.C., a limited
liability company of Delaware having a principal place of business
in Greenwood Village, Colorado, U.S.A. (hereinafter
“Licensing Administrator”); and DivX, Inc., a Delaware
Corporation, having a principal place of business in 4780 Eastgate
Mall, San Diego, CA 92121 U.S.A. (hereinafter
“Licensee”).
WHEREAS, a video standard commonly referred to as AVC has
been defined and is referred to in this Agreement as the “AVC
Standard” (as more fully defined herein below);
WHEREAS, Columbia Innovation Enterprises, having a
principal place of business in New York, New York
(“Columbia”); Electronics and Telecommunications
Research Institute (ETRI), having a principal place of business in
Korea (“ETRI’); France Télécom,
société anonyme, a corporation of France, having a
principal place of business in Paris, France (“France
Télécom”); Fujitsu Limited, a corporation of
Japan, having a principal place of business in Kawasaki, Japan
(“Fujitsu”); Koninklijke Philips Electronics N.V., a
corporation of the Netherlands, having a principal place of
business in Amsterdam, the Netherlands (“Philips
Electronics”); Matsushita Electric industrial Co., Ltd., a
corporation of Japan, having a principal place of business in
Osaka, Japan (“Matsushita”); Microsoft Corporation, a
corporation of Washington, U.S.A., having a principal place of
business in Redmond, Washington, U.S.A. (“Microsoft”);
Mitsubishi Electric Corporation, a corporation of Japan, having a
principal place of business in Tokyo, Japan (“Mitsubishi
Electric”); Robert Bosch GmbH, a corporation of Germany,
having a principal place of business in Stuttgart, Germany
(“Robert Bosch”); Samsung Electronics Co., Ltd., a
corporation of Korea, having a principal place of business in
Seoul, Korea (“Samsung”); Sharp Kabushiki Kaisha, a
corporation of Japan, having a principal place of business in
Osaka-Fu, Japan (“Sharp”); Sony Corporation, a
corporation of Japan, having a principal place of business in
Tokyo, Japan (“Sony”); Toshiba Corporation, a
corporation of Japan, having a principal place of business in
Tokyo, Japan (“Toshiba”); and Victor Company of Japan,
Ltd., a corporation of Japan, having a principal place of business
in Yokohama, Japan (“JVC”) (hereinafter collectively
the “Licensors” or individually “Licensor,”
as more fully defined in this Agreement) each own and have the
right to license, or have the right to sublicense, one or more
patents, utility models and/or enforceable allowed patent or
enforceable allowed utility model applications published for
opposition which claim apparatus and/or methods necessary for
compliance with the AVC Standard;
WHEREAS, each Licensor believes that the AVC Standard
represents significant advances in the field of digital visual data
compression, which will make available innovative new products and
services to the public, and for this reason desires to encourage
widespread adoption of the AVC Standard by, among others, video
product and video service industries throughout the
world;
WHEREAS, each Licensor hereby commits to make available
individual licenses and/or sublicenses under any and all AVC
Essential Patents licensable or sublicensable by the Licensor
(without payment to any third party) to any individual, company or
other entity requiring such a license and/or sublicense on fair,
reasonable and nondiscriminatory terms and conditions in light of
the terms offered herein;
