The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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74 ORIGINAL PETITION^ EXHIBIT 3. ing or projecting motion pictures on a film of a width greater than approximately one (1) inch, more than five dollars ($5) as a license fee for the sale of each such exhibiting or projecting machine sold by any such person, firm, or corporation. The Licensor further covenants and agrees that it will not license any person, firm, or corporation to make or sell any exhibiting or projecting machine containing any of the inventions described and claimed in the aforesaid letters patent which is not capable of exhibiting or projecting motion pictures on film of a width greater than approximately one (1) inch, except upon the conditions and restrictions that such machine be used solety for exhibiting or projecting motion pictures on film not voider than approximately one (1) inch, in places where no admission fee is charged, and that there shall be attached to each such machine in a conspicuous place, a plate, which is not to be removed therefrom, showing plainly, not only the dates of the letters patent under which it is licensed, but also the aforesaid conditions or restrictions, and that the Licensor will not charge to any person, firm, or corporation making or selling any such machine a license fee of more than 5 per cent of the net retail selling price of each such machine. The Licensor further covenants and agrees that it will grant a license to the Licensee, upon its request, to manufacture and sell exhibiting or projecting machines under the letters patent, and upon the condition as to the payment of the license fees or royalties and the other conditions and restrictions, as provided for in this paragraph, and will also grant similar licenses upon the same conditions as to the payment of the license fees or royalties and the other conditions and restrictions, to such of the additional licensees hereinbefore provided for who ma}^ request the same, except that the said American Mutoscope & Biograph Company is not to pay any such license fees or royalties ; and will also grant a license to the Licensee and any such additional licensees who may request the same, to make and sell exhibiting or projecting machines under any other letters patent and containing the inventions described and claimed therein that the Licensor may here