Patent Convenant considered discriminatory

The patent covenant is probably to be considered discriminatory in reference to other programs.

What follow apparently means that use of covered technologies, such as Mono is to be considered unsafe (for covenant purposes) for developing parts of the software cited below.

read the patent covenant:
http://www.sec.gov/Archives/edgar/data/758004/000095013407012375/f26782exv10w35.htm

especially:

1.1 “Covered Products” of a Party means all products and services sold, licensed, supplied, distributed or otherwise made available by such Party except for Foundry Products, Clone Products and Other Excluded Products (collectively, “Excluded Products”).

1.7
[...]
   (ii) Notwithstanding subsection (i) above, Wine, OpenXchange, StarOffice and OpenOffice are not subject to such subsection (i), however, the exclusion of such products from such subsection (i) is without implication as to (and shall not affect the determination of) whether such products (or any features or functionality thereof) are Clone Products. Further, the Parties agree that (A) no inference shall be drawn from the reference to the above products in this subsection as to whether such products are Clone Products and (B) this subsection shall not be admitted or referred to in evidence in any dispute regarding an evaluation of whether any of the products referred to in this subsection is a Clone Product.

 4.2 Customers and Distributors. The parties, on behalf of themselves and their Subsidiaries, irrevocably release the direct and indirect Distributors of the Parties from any liability for Patent infringement arising on account of using, importing, offering for sale, selling, licensing, supplying, distributing, otherwise making available, or promoting the commercialization of the Parties’ products and services (including Excluded Products) prior to the Effective Date, provided the foregoing release does not apply to Wine or to any product for which such other Party did not receive Revenue directly or indirectly. The parties, on behalf of themselves and their Subsidiaries, also irrevocably release the respective direct and indirect Customers of the other Party from any liability for Patent infringement arising on account of using the Parties’ products and services (including Excluded Products) obtained prior to the Effective Date, provided the foregoing release does not apply to Wine or to any product for which such other Party did not receive Revenue directly or indirectly.

This may or may not be cause of concerns. Comments welcome.