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Patent Policy

QUALCOMM’S PATENT POLICY STATEMENT RELATING TO QUALCOMM INNOVATION CENTER, INC.’S PARTICIPATION IN THE CODE AURORA FORUM, A LINUX FOUNDATION LABS PROJECT

Patent Policy Statement

Qualcomm Innovation Center, Inc. (“QuIC”), a subsidiary of QUALCOMM Incorporated (“Qualcomm”), is committed to the development of an open source licensing community relating to mobile telecommunications devices. QuIC has joined the Code Aurora (“Forum”) to support the development of open source software applications and applications platforms for mobile devices, for the benefit of Qualcomm’s many customers.

Software code created by QuIC for Forum projects (referred to in this Statement as “Open Source Software”) may interoperate with other proprietary software, such as modem algorithms or telecommunications codecs, that may be included in system on chip devices manufactured and sold by Qualcomm, affiliates of Qualcomm or any of their respective customers. Such proprietary software, or the system on chip devices upon which such software is executed, may be subject to patent rights owned or controlled by Qualcomm. A separate patent license from Qualcomm is required to use such patent rights. (See below for information relating to Qualcomm’s Patent Licensing Program).

QuIC may own patent rights for the inventions solely embodied in the Open Source Software. It will respect the conditions of the open source licenses under which such Open Source Software is licensed, regarding such patent rights. However, its participation in the Forum must not be construed to imply any grants of patent rights to Qualcomm’s patents related to (a) system on chip devices or chipsets, including without limitation virtual models thereof, or (b) any proprietary software that may be used or distributed by Qualcomm, its affiliates or their respective customers, on system on chip devices.

About Qualcomm's Patent Licensing Program

Throughout its existence, Qualcomm has led the wireless industry in the research and development required to move from analog technology into second and third generation digital wireless technologies and beyond. These advances have been largely based upon Qualcomm’s patented enabling inventions making it possible to apply code division multiple access (“CDMA”) technology to commercial cellular wireless networks. More recently, Qualcomm has been a leading developer of the technology enabling high speed data extensions of 3G networks and orthogonal frequency division multiple access (“OFDMA”)-based 4G systems and standards. As a result, Qualcomm owns an extremely valuable patent portfolio that includes patents that are essential, and others that are commercially useful, to all wireless systems based upon CDMA and OFDMA.

Qualcomm has had a long standing policy of broadly offering to license its standards essential patents for CDMA-based telecommunications standards on terms and conditions that are fair, reasonable and free from unfair discrimination (FRAND), subject to reciprocity. Consistent with its FRAND commitments, Qualcomm has established a fair and reasonable value for its essential 3G CDMA [e.g., cdma2000 (including 1x, 1x-EV- DO and 1x-EV-DO Revisions A and B), UMTS, HSPA, HSPA+, TD-CDMA and TD- SCDMA] patent portfolio by bilaterally negotiating licenses for such portfolio with more than 155 companies, making Qualcomm’s patent portfolio the most widely licensed in the industry. Qualcomm’s open and inclusive licensing program has promoted vibrant competition in the industry by a large number of licensees selling 3G products that have reaped the benefits of Qualcomm’s leading R&D investments, significant reductions in 3G product prices and increases in consumer choice.

For more information about Qualcomm’s Patent Licensing Program, please visit http://www.qualcomm.com/qtl/

By-Laws of Code Aurora

Please see the Linux Foundation Bylaws.

Export Control

NOTICE OF EXPORT CONTROL LAW

Cryptographic software is subject to the US government export control and economic sanctions laws (“US export laws”) including the US Department of Commerce Bureau of Industry and Security’s (“BIS”) Export Administration Regulations (“EAR”, 15 CFR 730 et seq., http://www.bis.doc.gov/ ). BIS has been notified of the release of the MSM/QSD Hardware Enablement Project code to this website under license exception TSU in accordance with part 740.13(e) of the EAR. Cryptographic software not related to this project that is posted on this site may also be subject to US export laws, including the requirements of license exception TSU. It is the responsibility of the entity (including persons) to ensure compliance with US export laws when posting software and technology related to any other project.

Software and/or technical data subject to the US export laws may not be directly or indirectly exported, re- exported, transferred or released (“exported”) to US embargoed or sanctioned destinations currently including Cuba, Iran, North Korea, Sudan and Syria, but any amendments to this list shall apply. US export laws prohibit the acceptance of contributions from nationals of embargoed and sanctioned countries.

In addition, software and/or technical data may not be exported to an entity barred by the US government from participating in export activities. Denied entities include those listed on BIS’s Denied Persons and Entities Lists, and the US Department of Treasury’s Office of Foreign Assets Control’s Specially Designated Nationals List.

Warning: If you are in the US, please do not mirror this encryption source code unless you fully understand and comply with requirements imposed by US export laws.

The country in which you currently are located may have restrictions on the import, possession, use or re-export of encryption software. Please check the country’s laws to see if this is permitted.