TwEXT PATENT LICENSE

The TwEXT Patent License specifies terms and conditions for lawful use of U.S. Patent #6,438,515 (“PATENT”), which claims a bifocal text format to aid language learners, and a bitextual software process to format such bifocal text formats.

Licensing is granted by READ.FM, LICENSOR of the PATENT. The LICENSE permits LICENSEE to use the PATENT, under the following terms and conditions:

U.S. Patent #6,438,515 may be used, without payment of royalty, with any SOFTWARE operating under the terms of the GPL (as defined below).

U.S. Patent #6,438,515 may also be used without payment of royalty, with any TEXT, licensed under the terms of the CCL, (as defined below).

While the LICENSEE complies with the terms and conditions of this LICENSE and the CCL and/or GPL, wherever applicable, the LICENSEE may continue to use the PATENT without paying any royalty.

The LICENSEE may use the PATENT with SOFTWARE licensed under terms and conditions other than the GPL, but must obtain a separate license prior to such use. To request a separate license, send email to license@twext.cc.

The LICENSEE may use the PATENT with any TEXT licensed under terms other than the CCL, but must obtain a separate license prior to such use. Please request a separate license at http://more.read.fm/talk:license

DEFINITIONS:

GPL means The Free Software Foundation's General Public License Version 2, as specified on the internet at http://www.gnu.org/license/gpl.txt.

CCL means the Attribution-NonCommercial-ShareAlike License version 2.5, as specified by Creative Commons at http://creativecommons.org/licenses/by-nc-sa/2.5/legalcode

PATENTED PROCESS means the methods claimed by U.S. Patent #6,438,515, titled "Bitextual, Bifocal Language Learning Method".

BITEXTUAL means twin text presentation, comprised of a chunk of text and a corresponding translation, formatted by SOFTWARE using the methods in accordance with the claims of the PATENT.

BIFOCAL means a graphical format where the chunk of translation is substantially imperceptible, in relation to the easily perceptible chunk of text, in accordance with the claims of the PATENT.

CHUNK means a unit of thought, represented in a single word, a group of words, or a full sentence, and communicated by written text in one language, thereby translatable to an analogous written text in another language.

SOFTWARE means code that instructs computers to process information in machine-readable computer languages.

TEXT means standard graphical symbols commonly used to communicate ideas expressed in natural human languages.

TwEXT is a trade name of READ.FM, the LICENSOR for U.S. Patent #6,438,515.

COMMERCIAL USE means sold, bartered or otherwise exchanged with intent to earn profit.

LICENSE means this license in its entirety.

LICENSOR means the administrator of the Patent, who can be contacted online at: http://more.read.fm/talk:license

LICENSEE means the legal entity that uses the PATENT, in accordance with the terms and conditions of this LICENSE.

YOU means YOU who reads this, including any legal entity you represent.

APPROVED USE:

In addition to the other terms and conditions of this LICENSE, use of the PATENTED PROCESS is permitted, without fee or royalty, when used by SOFTWARE licensed under the GPL, (as specified above), and/or the CCL, (as specified above).

Your Obligations

1. Any use of the PATENTED PROCESS must include labeling the product or service that includes the PATENTED PROCESS with the following language:

"U.S. Patent #6,438,515 used under license. http://license.read.fm"

2. A copy of these conditions and terms must be attached to or included with any distribution of any product or service that uses the PATENTED PROCESS. It must be made clear to anyone that uses your product or service that all subsequent uses must also comply with the conditions and terms of this LICENSE and (where appropriate) the GPL.

3. If you are using the PATENTED PROCESS in accordance with the terms and conditions of this LICENSE for GPL SOFTWARE and you are distributing or otherwise making your SOFTWARE available outside your entity then you must not place any artificial impediments to free access to your source code. If you distribute your SOFTWARE or market your SOFTWARE through some web site on the World-Wide-Web, you must make source code for the SOFTWARE that makes use of the PATENTED PROCESS immediately available on the World-Wide-Web for all to access. Any subsequent use must comply strictly with the terms of the GPL and with this LICENSE. FAILURE TO COMPLY WITH THE TERMS OF THE GPL WILL RESULT IN AN AUTOMATIC TERMINATION OF THIS LICENSE.

4. Commercial use of copyrighted products using the BIFOCAL BITEXTAL method, whether or not produced by SOFTWARE operating under the terms of the GPL, benefit from use of the PATENTED PROCESS, and you are required to obtain a separate license.

5. All notices, requests, demands and other communications shall be in writing and sent by electronic mail and by nationally recognized overnight carrier, or certified mail, postage prepaid, to:

READ.FM c/o William C. Milks RUSSO & HALE LLP 401 Florence Street Palo Alto, CA 94301 email: license at read d0t fm

6. This LICENSE is the entire agreement between the parties with respect to this subject matter.

7. This LICENSE shall be governed by the laws of the State of California, without giving effect to principles of conflicts of law. In addition, any action or proceeding arising from or relating to this LICENSE, except for actions solely relating to issues regarding compliance with or interpretation of the GPL, must be brought in the federal court for the Northern District of California. Each party irrevocably submits to the jurisdiction and venue of such court.

8. LICENSOR shall have no liability for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages, including without limitation, loss of profit or business opportunities, however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise), whether or not advised of the possibility of such damages. LICENSOR expressly disclaims any representations or warranties, expressed or implied, regarding the product or services contemplated by this LICENSE, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The products and services contemplated by this LICENSE are provided "as is" without warranty of any kind, either expressed or implied. The entire risk as to the quality and performance of the products and services contemplated by this LICENSE are with the LICENSEE. Each LICENSEE under this LICENSE assumes all risks associated with its exercise of rights under this LICENSE, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs, or equipment, and unavailability or interruption of operations.

TERMINATION AND LIMITATIONS

1. This LICENSE shall commence as of the date this LICENSE is executed by both parties and shall remain in full force and effect until Three-Hundred-and-Sixty-Five (365) calendar days from the date of execution subject to prior termination as provided below. Execution shall be deemed complete as of the moment the LICENSEE acknowledges acceptance of all terms and conditions of this LICENSE by creating on account on any of the read.fm wikis or by sending written confirmation of acceptance by email to license@read.fm.

Execution of this LICENSE shall also be deemed complete upon your first use, where applicable, of the SOFTWARE licensed under the GPL, as defined in the DEFINITIONS of this LICENSE, without registering acceptance with the LICENSOR. Execution of this LICENSE shall also be deemed complete upon your first use of the TEXT licensed under the CCL, as defined in the DEFINITIONS of this LICENSE, without registering acceptance with the LICENSOR. Unless this LICENSE is terminated as provided below, this LICENSE shall automatically renew for periods of Three-Hundred-and-Sixty-Five (365) calendar days each until the expiration of the PATENT for the PATENTED PROCESS.

2. The LICENSOR owns all right, title and interest to the PATENT. The LICENSOR is not obligated to defend or indemnify any LICENSEE against any suit, damage, claim or allegation of patent infringement resulting from any use of the PATENT. In the event of any such occurrence, the LICENSOR will cooperate with LICENSEE, at LICENSEE's expense.

3. The term of this LICENSE will be limited by compliance of the LICENSEE. If LICENSEE does not comply with the conditions and terms of this LICENSE, the LICENSE will be automatically terminated and all use of the PATENTED PROCESS must stop.

4. LICENSEE acknowledges that no other representations by LICENSOR exist and that no other agreements exist between LICENSEE and LICENSOR. This LICENSE will be construed and interpreted according to the laws of the State of California.

5. LICENSEE shall indemnify, defend and hold READ.FM and its employees, agents and representatives harmless from any third-party claim, or any losses, attorneys' fees, damages, liabilities, costs, expenses or suits, that arise out of this LICENSE, including, but not limited to, any third-party claim, or any losses, attorneys' fees, damages, liabilities, costs, expenses or suits related to or are connected with any use by LICENSEE of the PATENTED PROCESS or any LICENSEE SOFTWARE.

Dated: November 24, 2005 updated: 2 April, 2007