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1
INTRODUCTION
2
DEFINITIONS
3
CONFIDENTIALITY
4
TC FORMATION
5
CONTRIBUTIONS
6
LIMITED PATENT COVENANT FOR SPECIFICATION DEVELOPMENT
7
FEEDBACK
8
DISCLOSURE
9
TYPES OF OBLIGATIONS
10
LICENSING REQUIREMENTS
11
WITHDRAWAL AND TERMINATION
12
LIMITATIONS OF LIABILITY
13
GENERAL
14
NOTICES
Appendix
A - Feedback License
Appendix
B: Copyright License Grant
1 INTRODUCTION
The OASIS Intellectual Property Rights (IPR) Policy governs
the treatment of intellectual property in the production of
deliverables by OASIS Open (hereafter referred to as OASIS).
This Policy applies to all members of OASIS and their
Affiliates (as defined below). The OASIS Board of Directors
may amend this Policy at any time in its sole
discretion. In the event of such change to this Policy,
the Board will provide instructions for transition of
membership and Technical Committees to the new Policy;
however, no amendment to this Policy will be effective in less
than 60 calendar days from the date that written notice of
such amendment is given to the Member at its address of record
with OASIS.
2 DEFINITIONS
Each capitalized term within this document shall have the
meaning provided below:
-
Affiliate - any entity that directly or
indirectly controls, is controlled by, or is under common
control with, another entity, so long as such control
exists. In the event that such control ceases to exist, such
Affiliate will be deemed to have withdrawn from OASIS
pursuant to the terms set forth in the withdrawal provisions
in Section 11. For purposes of this definition, with respect
to a business entity, control means direct or indirect
beneficial ownership of or the right to exercise (i) greater
than fifty percent (50%) of the voting stock or equity in an
entity; or (ii) greater than fifty percent (50%) of the
ownership interest representing the right to make the
decisions for the subject entity in the event that there is
no voting stock or equity.
-
Continuing Licensing Obligation - a
licensing obligation, of the types defined by Section 9 of
this Policy, which survives a TC Party's withdrawal from an
OASIS Technical Committee.
-
Contribution - any material submitted to
an OASIS Technical Committee by a TC Member in writing or
electronically, whether in an in-person meeting or in any
electronic conference or mailing list maintained by OASIS
for the OASIS Technical Committee and which is or was
proposed for inclusion in an OASIS Deliverable.
-
Contribution Obligation - a licensing
requirement, as described in Section 10 that results from
making a Contribution as described in Section 9.1.
-
Contributor - a TC Party on whose behalf
a Contribution is made by the TC Party's TC Member.
-
Eligible Person - one of a class of
individuals that include: persons holding individual
memberships in OASIS, employees or designees of
organizational members of OASIS, and such other persons as
may be designated by the OASIS Board of Directors.
-
Essential Claims - those claims in any
patent or patent application in any jurisdiction in the
world that would necessarily be infringed by an
implementation of those portions of a particular OASIS Final
Deliverable created within the scope of the TC charter in
effect at the time such deliverable was developed. A claim
is necessarily infringed hereunder only when it is not
possible to avoid infringing it because there is no
non-infringing alternative for implementing the Normative
Portions of that particular OASIS Final Deliverable.
Existence of a non-infringing alternative shall be judged
based on the state of the art at the time the OASIS Final
Deliverable is approved.
-
Feedback - any written or electronic
input provided to an OASIS Technical Committee by
individuals who are not TC Members and which is proposed for
inclusion in an OASIS Deliverable. All such Feedback must be
made under the terms of the Feedback License (Appendix A).
-
IPR Mode - an element of an OASIS TC
charter, which specifies the type of licenses required for
any Essential Claims associated with the output produced by
a given Technical Committee. This is further described in
Section 4.
-
Licensed Products - include only those
specific portions of a Licensee's products (hardware,
software or combinations thereof) that (a) implement and are
compliant with all Normative Portions of an OASIS Final
Deliverable that must be implemented to comply with such
deliverable, and (b) to the extent that the Licensee's
products implement one or more optional portions of such
deliverable, those portions of Licensee's products that
implement and are compliant with all Normative Portions that
must be implemented to comply with such optional portions of
the deliverable.
-
Licensee - any organization, including
its Affiliates as defined in this Policy, or individual that
licenses Essential Claims from Obligated Parties for a
particular OASIS Final Deliverable. Licensees need not be
OASIS members.
-
Normative Portion - a portion of an
OASIS Final Deliverable that must be implemented to comply
with such deliverable. If such deliverable defines optional
parts, Normative Portions include those portions of the
optional part that must be implemented if the implementation
is to comply with such optional part. Examples and/or
reference implementations and other specifications or
standards that were developed outside the TC and which are
referenced in the body of a particular OASIS Final
Deliverable that may be included in such deliverable are not
Normative Portions.
-
OASIS Deliverable - a work product
developed by a Technical Committee within the scope of its
Charter, such as a specification, white paper, technical
note, or implementation guideline. An OASIS Deliverable may
or may not include Normative Portions.
-
OASIS Draft Deliverable - an OASIS
Deliverable that has not been designated and approved by a
Technical Committee as an OASIS Final Deliverable.
-
OASIS Final Deliverable - an OASIS
Deliverable that has been designated and approved by a
Technical Committee as an OASIS Final Deliverable.
-
OASIS Party - a member of OASIS (i.e.,
an entity that has executed an OASIS Membership Agreement)
and its Affiliates.
-
OASIS TC Administrator - the person(s)
appointed to represent OASIS in administrative matters
relating to TCs as provided by the OASIS Technical Committee
Process.
-
OASIS Technical Committee (TC) - a group
of Eligible Persons formed, and whose actions are conducted,
according to the provisions of the OASIS Technical Committee
Process.
-
OASIS Technical Committee Process - the
"OASIS OPEN TECHNICAL COMMITTEE PROCESS", as from time to
time amended, which describes the operation of Technical
Committees at OASIS.
-
Obligated Party - a TC Party that incurs
a licensing obligation for its Essential Claims by either a
Contribution Obligation or a Participation Obligation.
-
Participation Obligation - a licensing
requirement, as described in Section 10, that arises from
membership in an OASIS Technical Committee, as described in
Section 9.2.
-
RAND Mode TC - an OASIS TC that is
chartered under the RAND IPR Mode described in Section 4.
-
RF Mode TC - an OASIS TC that is
chartered under one of the RF IPR Modes described in Section
4.
-
TC Member - an Eligible Person who has
completed the requirements to join a TC during the period in
which s/he maintains his or her membership as described by
the OASIS Technical Committee Process. A TC Member may
represent the interests of a TC Party in the TC.
-
TC Party - an OASIS Party that is, or is
represented by, a TC Member in the relevant Technical
Committee.
3
CONFIDENTIALITY
Neither Contributions nor Feedback that are subject to any
requirement of confidentiality may be considered in any part
of the OASIS Technical Committee Process. All Contributions
and Feedback will therefore be deemed to have been submitted
on a non-confidential basis, notwithstanding any markings or
representations to the contrary, and OASIS shall have no
obligation to treat any such material as confidential.
4 TC FORMATION
At the time a TC is chartered, the proposal to form the TC
must specify the IPR Mode under which the Technical Committee
will operate. This Policy describes three (3) IPR Modes.
-
RAND - requires all Obligated Parties to license their
Essential Claims using the RAND licensing elements described
in Section 10.1.
-
RF on RAND Terms - requires all Obligated Parties to
license their Essential Claims using the RF licensing
elements described in Sections 10.2.1 and 10.2.2.
-
RF on Limited Terms - requires all Obligated Parties to
license their Essential Claims using the RF licensing
elements described in Sections 10.2.1 and 10.2.3.
A TC may not change its IPR Mode without closing and
submitting a new charter.
5 CONTRIBUTIONS
5.1 General
At the time of submission of a Contribution for
consideration by an OASIS Technical Committee, each named
co-Contributor (and its respective Affiliates) is deemed to
agree to the following terms and conditions and to make the
following representations (based on the actual knowledge of
the TC Member(s) making the Contribution, with respect to
items 3 - 5 below, inclusive):
-
OASIS has no duty to publish or otherwise use or
disseminate any Contribution.
-
OASIS may reference the name(s) of the Contributor(s) for
the purpose of acknowledging and publishing the
Contribution.
-
The Contribution properly identifies any holders of
copyright interests in the Contribution.
-
No information in the Contribution is confidential, and
OASIS may freely disclose any information in the
Contribution.
-
There are no limits to the Contributor's ability to make
the grants, acknowledgments, and agreements required by this
Policy with respect to such Contribution.
5.2 Copyright
Licenses
-
To the extent that a Contributor holds a copyright
interest in its Contribution, such Contributor grants to
OASIS a perpetual, irrevocable, non-exclusive, royalty-free,
worldwide copyright license, with the right to directly and
indirectly sublicense, to copy, publish, and distribute the
Contribution in any way, and to prepare derivative works
that are based on or incorporate all or part of the
Contribution solely for the purpose of developing and
promoting the OASIS Deliverable and enabling (subject to the
rights of the owners of any Essential Claims) the
implementation of the same by Licensees.
-
To the extent that a Contribution is subject to copyright
by parties that are not Contributors, the submitter(s) must
provide OASIS with a signed "Copyright License Grant"
(Appendix B) from each such copyright owner whose permission
would be required to permit OASIS to exercise the rights
described in Appendix B.
5.3 Trademarks
-
Trademarks or service marks that are not owned by OASIS
shall not be used by OASIS, except as approved by the OASIS
Board of Directors, to refer to work conducted at OASIS,
including the use in the name of an OASIS TC, an OASIS
Deliverable, or incorporated into such work.
-
No OASIS Party may use an OASIS trademark or service mark
in connection with an OASIS Deliverable or otherwise, except
in compliance with such license and usage guidelines as
OASIS may from time to time require.
6 LIMITED PATENT COVENANT
FOR DELIVERABLE DEVELOPMENT
To permit TC Members and their TC Parties to develop
implementations of OASIS Draft Deliverables being developed by
a TC, each TC Party represented by a TC Member in a TC, at
such time that the TC Member joins the TC, grants to each
other TC Party in that TC automatically and without further
action on its part, and on an ongoing basis, a limited
covenant not to assert any Essential Claims required to
implement such OASIS Draft Deliverable and covering making or
using (but not selling or otherwise distributing) Licensed
Products that implement such OASIS Draft Deliverable, solely
for the purpose of testing and developing such deliverable and
only until either the OASIS Draft Deliverable is approved as
an OASIS Final Deliverable or the Technical Committee is
closed.
7 FEEDBACK
-
OASIS encourages Feedback to OASIS Deliverables from both
OASIS Parties who are not TC Parties and the public at
large. Feedback will be accepted only under the "Feedback
License" (Appendix A).
-
OASIS will require that submitters of Feedback agree to
the terms of the Feedback License before transmitting
submitted Feedback to the Technical Committee.
8 DISCLOSURE
-
Disclosure Obligations - Each TC Party
shall disclose to OASIS in writing the existence of all
patents and/or patent applications owned or claimed by such
TC Party that are actually known to the TC Member directly
participating in the TC, and which such TC Member believes
may contain any Essential Claims or claims that might become
Essential Claims upon approval of an OASIS Final Deliverable
as such document then exists (collectively, "Disclosed
Claims").
-
Disclosure of Third Party Patent Claims - Each TC Party whose TC Members become aware of patents or
patent applications owned or claimed by a third party that
contain claims that might become Essential Claims upon
approval of an OASIS Final Deliverable should disclose them,
provided that such disclosure is not prohibited by any
confidentiality obligation binding upon them. It is
understood that any TC Party that discloses third party
patent claims to OASIS does not take a position on the
essentiality or relevance of the third party claims to the
OASIS Final Deliverable in its then-current form.
In both cases (Sections 8.1 and 8.2), it is understood
and agreed that such TC Party(s)' TC Member(s) do not
represent that they know of all potentially pertinent claims
of patents and patent applications owned or claimed by the
TC Party or any third parties. For the avoidance of doubt,
while the disclosure obligation under Sections 8.1 and 8.2
applies directly to all TC Parties, this obligation is
triggered based on the actual knowledge of the TC Party's TC
Members regarding the TC Party's patents or patent
applications that may contain Essential Claims.
-
Disclosure Requests - Disclosure
requests will be included as described in Section 14 with
all public review copies of OASIS Final Deliverables. All
OASIS Parties are encouraged to review such OASIS Final
Deliverables and make appropriate disclosures.
-
Limitations - A disclosure request and
the obligation to disclose set forth above do not imply any
obligations on the recipients of disclosure requests
(collectively or individually) or on any OASIS Party to
perform or conduct patent searches. Nothing in this Policy
nor the act of receiving a disclosure request for an OASIS
Final Deliverable, regardless of whether it is responded to,
shall be construed or otherwise interpreted as any kind of
express or implied representation with respect to the
existence or non-existence of patents or patent applications
which contain Essential Claims, other than that such TC
Party has acted in good faith with respect to its disclosure
obligations.
-
Information - Any disclosure of
Disclosed Claims shall include (a) in the case of issued
patents and published patent applications, the patent or
patent application publication number, the associated
country and, as reasonably practicable, the relevant
portions of the applicable OASIS Final Deliverable; and (b)
in the case of unpublished patent applications, the
existence of the unpublished application and, as reasonably
practicable, the relevant portions of the applicable OASIS
Final Deliverable.
9 TYPES OF
OBLIGATIONS
9.1 Contribution
Obligation
A TC Party has a Contribution Obligation, which arises at
the time the Contribution is submitted to a TC, to license, as
described in Section 10, any claims under its patents or
patent applications that become Essential Claims when such
Contribution is incorporated (either in whole or in part) into
the OASIS Final Deliverable produced by the TC that received
the Contribution.
9.2 Participation
Obligation
A TC Party has a Participation Obligation to license, as
described in Section 10, any claims under its patents or
patent applications that would be Essential Claims in the then
current OASIS Draft Deliverable, if that draft subsequently
becomes an OASIS Final Deliverable, even if the TC Party is
not a Contributor, when all of the following conditions are
met:
-
An OASIS Final Deliverable is finally approved that
incorporates such OASIS Draft Deliverable, either in whole
or in part;
-
The TC Party has been on, or has been represented by TC
Member(s) on such TC for a total of sixty (60) calendar days
(except as specified in the Transition Policy), which need
not be continuous;
-
The TC Party is on, or is represented by TC Member(s) on
such TC after a period of seven (7) calendar days after the
ballot to approve such OASIS Draft Deliverable has elapsed.
For organizational TC Parties, the membership threshold is
met by one or more employees or organizational designees of
such Parties having been a TC Member on any 60 calendar days,
although any given calendar day is only one day of membership,
regardless of the number of participants on that day.
Each time a new OASIS Draft Deliverable is approved by the
TC, the Participation Obligation adjusts to encompass the
material in the latest OASIS Draft Deliverable seven days
after such draft has been approved for publication.
10 LICENSING REQUIREMENTS
10.1 RAND Mode TC
Requirements
For an OASIS Final Deliverable developed by a RAND Mode TC,
except where a Licensee has a separate, signed agreement under
which the Essential Claims are licensed to such Licensee on
more favorable terms and conditions than set forth in this
section (in which case such separate signed agreement shall
supersede this Limited Patent License), each Obligated Party
in such TC hereby covenants that, upon request and subject to
Section 11, it will grant to any OASIS Party or third party: a
nonexclusive, worldwide, non-sublicensable, perpetual patent
license (or an equivalent non-assertion covenant) under its
Essential Claims covered by its Contribution Obligations or
Participation Obligations on fair, reasonable, and
non-discriminatory terms to make, have made, use, market,
import, offer to sell, and sell, and to otherwise directly or
indirectly distribute Licensed Products that implement such
OASIS Final Deliverable. Such license need not extend to
features of a Licensed Product that are not required to comply
with the Normative Portions of such OASIS Final Deliverable.
For the sake of clarity, the rights set forth above include
the right to directly or indirectly authorize a third party to
make unmodified copies of the Licensee's Licensed Products and
to license (optionally under the third party's license) the
Licensee's Licensed Products within the scope of, and subject
to the terms of, the Obligated Party's license.
At the election of the Obligated Party, such license may
include a term requiring the Licensee to grant a reciprocal
license to its Essential Claims (if any) covering the same
OASIS Final Deliverable. Such term may require the Licensee to
grant licenses to all implementers of such deliverable. The
Obligated Party may also include a term providing that such
license may be suspended with respect to the Licensee if that
Licensee first sues the Obligated Party for infringement by
the Obligated Party of any of the Licensee's Essential Claims
covering the same OASIS Final Deliverable.
License terms that are fair, reasonable, and
non-discriminatory beyond those specifically mentioned above
are left to the Licensees and Obligated Parties involved.
10.2 RF Mode TC
Requirements
10.2.1
Common
For an OASIS Final Deliverable developed by an RF Mode TC,
except where a Licensee has a separate, signed agreement under
which the Essential Claims are licensed to such Licensee on
more favorable terms and conditions than set forth in this
section (in which case such separate signed agreement shall
supersede this Limited Patent License), each Obligated Party
in such TC hereby covenants that, upon request and subject to
Section 11, it will grant to any OASIS Party or third party: a
nonexclusive, worldwide, non-sublicensable, perpetual patent
license (or an equivalent non-assertion covenant) under its
Essential Claims covered by its Contribution Obligations or
Participation Obligations without payment of royalties or
fees, and subject to the applicable Section 10.2.2 or 10.2.3,
to make, have made, use, market, import, offer to sell, and
sell, and to otherwise distribute Licensed Products directly
or indirectly that implement such OASIS Final Deliverable.
Such license need not extend to features of a Licensed Product
that are not required to comply with the Normative Portions of
such OASIS Final Deliverable. For the sake of clarity, the
rights set forth above include the right to directly or
indirectly authorize a third party to make unmodified copies
of the Licensee's Licensed Products and to license (optionally
under the third party's license) the Licensee's Licensed
Products, within the scope of, and subject to the terms of,
the Obligated Party's license.
At the election of the Obligated Party, such license may
include a term requiring the Licensee to grant a reciprocal
license to its Essential Claims (if any) covering the same
OASIS Final Deliverable. Such term may require the Licensee to
grant licenses to all implementers of such deliverable. The
Obligated Party may also include a term providing that such
license may be suspended with respect to the Licensee if that
Licensee first sues the Obligated Party for infringement by
the Obligated Party of any of the Licensee's Essential Claims
covering the same OASIS Final Deliverable.
10.2.2 RF on RAND
Terms
With TCs operating under the RF on RAND Terms IPR Mode,
license terms that are fair, reasonable, and
non-discriminatory beyond those specifically mentioned in
Section 10.2.1 may also be included, and such additional RAND
terms are left to the Licensees and Obligated Parties
involved.
10.2.3 RF on
Limited Terms
With TCs operating under the RF on Limited Terms IPR Mode,
Obligated Parties may not impose any further conditions or
restrictions beyond those specifically mentioned in Section
10.2.1 on the use of any technology or intellectual property
rights, or other restrictions on behavior of the Licensee, but
may include reasonable, customary terms relating to operation
or maintenance of the license relationship, including the
following: choice of law and dispute resolution.
11 WITHDRAWAL AND
TERMINATION
A TC Party may withdraw from a TC at
any time by notifying the OASIS TC Administrator in writing of
such decision to withdraw. Withdrawal shall be deemed
effective when such written notice is sent.
11.1 Withdrawal
from a Technical Committee
A TC Party that withdraws from an OASIS Technical Committee
shall have Continuing Licensing Obligations based on its
Contribution Obligations and Participation Obligations as
follows:
-
A TC Party that has incurred neither a Contribution
Obligation nor a Participation Obligation prior to
withdrawal has no licensing obligations for OASIS Final
Deliverable(s) originating from that OASIS TC.
-
A TC Party that has incurred a Contribution Obligation
prior to withdrawal continues to be subject to its
Contribution Obligation.
-
A TC Party that has incurred a Participation Obligation
prior to withdrawal continues to be subject to its
Participation Obligation but only with respect to OASIS
Draft Deliverable(s) approved more than seven (7) calendar
days prior to its withdrawal.
11.2 Termination of
an OASIS Membership
An OASIS Party that terminates its OASIS membership
(voluntarily or involuntarily) is deemed to withdraw from all
TCs in which that OASIS Party has TC Member(s) representing
it, and such OASIS Party remains subject to Continuing
Licensing Obligations for each such TC based on its Obligated
Party status in that TC on the date that its membership
termination becomes effective.
12 LIMITATIONS OF
LIABILITY
All OASIS Deliverables are provided "as is", without
warranty of any kind, express or implied, and OASIS, as well
as all OASIS Parties and TC Members, expressly disclaim any
warranty of merchantability, fitness for a particular or
intended purpose, accuracy, completeness, non-infringement of
third party rights, or any other warranty.
In no event shall OASIS or any of its constituent parts
(including, but not limited to, the OASIS Board of Directors),
be liable to any other person or entity for any loss of
profits, loss of use, direct, indirect, incidental,
consequential, punitive, or special damages, whether under
contract, tort, warranty, or otherwise, arising in any way out
of this Policy, whether or not such party had advance notice
of the possibility of such damages.
In addition, except for grossly negligent or intentionally
fraudulent acts, OASIS Parties and TC Members (or their
representatives), shall not be liable to any other person or
entity for any loss of profits, loss of use, direct, indirect,
incidental, consequential, punitive, or special damages,
whether under contract, tort, warranty, or otherwise, arising
in any way out of this Policy, whether or not such party had
advance notice of the possibility of such damages.
OASIS assumes no responsibility to compile, confirm, update
or make public any assertions of Essential Claims or other
intellectual property rights that might be infringed by an
implementation of an OASIS Deliverable.
If OASIS at any time refers to any such assertions by any
owner of such claims, OASIS takes no position as to the
validity or invalidity of such assertions, or that all such
assertions that have or may be made have been referred to.
13 GENERAL
By ratifying this document, OASIS warrants that it will not
inhibit the traditional open and free access to OASIS
documents for which license and right have been assigned or
obtained according to the procedures set forth in this
section. This warranty is perpetual and will not be revoked by
OASIS or its successors or assigns as to any already adopted
OASIS Final Deliverable; provided, however, that neither OASIS
nor its assigns shall be obligated to:
-
Perpetually maintain its existence; nor
-
Provide for the perpetual existence of a website or other
public means of accessing OASIS Final Deliverables; nor
-
Maintain the public availability of any given OASIS Final
Deliverable that has been retired or superseded, or which is
no longer being actively utilized in the marketplace.
Where any copyrights, trademarks, patents, patent
applications, or other proprietary rights are known, or
claimed, with respect to any OASIS Deliverable and are
formally brought to the attention of the OASIS TC
Administrator, OASIS shall consider appropriate action, which
may include disclosure of the existence of such rights, or
claimed rights. The OASIS Technical Committee Process shall
prescribe the method for providing this information.
-
OASIS disclaims any responsibility for identifying the
existence of or for evaluating the applicability of any
claimed copyrights, trademarks, patents, patent
applications, or other rights, and will make no assurances
on the validity or scope of any such rights.
-
Where the OASIS TC Administrator is formally notified of
rights, or claimed rights under Section 8.8 with respect to
entities other than Obligated Parties, the OASIS President
shall attempt to obtain from the claimant of such rights a
written assurance that any Licensee will be able to obtain
the right to utilize, use, and distribute the technology or
works when implementing, using, or distributing technology
based upon the specific OASIS Final Deliverable (or, in the
case of an OASIS Draft Deliverable, that any Licensee will
then be able to obtain such a right) under terms that are
consistent with this Policy. All such information will be
made available to the TC that produced such deliverable, but
the failure to obtain such written assurance shall not
prevent votes from being conducted, except that the OASIS TC
Administrator may defer approval for a reasonable period of
time where a delay may facilitate the obtaining of such
assurances. The results will, however, be recorded by the
OASIS TC Administrator, and made available to the public.
The OASIS Board of Directors may also direct that a summary
of the results be included in any published OASIS Final
Deliverable.
-
Except for the rights expressly provided herein, neither
OASIS nor any OASIS Party grants or receives, by
implication, estoppel, or otherwise, any rights under any
patents or other intellectual property rights of the OASIS
Party, OASIS, any other OASIS Party, or any third party.
14 NOTICES
14.1
Documents
Any document produced by an OASIS Technical Committee shall
include the following notices (bracketed language, other than
the date, need only appear in OASIS Final Deliverable
documents that contain Normative Portions):
Copyright c OASIS Open 2005. All
Rights Reserved.
All capitalized terms in the
following text have the meanings assigned to them in the
OASIS Intellectual Property Rights Policy (the "OASIS IPR
Policy"). The full Policy may be found at the OASIS
website.
This document and translations of it may be copied
and furnished to others, and derivative works that comment
on or otherwise explain it or assist in its implementation
may be prepared, copied, published, and distributed, in
whole or in part, without restriction of any kind, provided
that the above copyright notice and this section are
included on all such copies and derivative works. However,
this document itself may not be modified in any way,
including by removing the copyright notice or references to
OASIS, except as needed for the purpose of developing any
document or deliverable produced by an OASIS Technical
Committee (in which case the rules applicable to copyrights,
as set forth in the OASIS IPR Policy, must be followed) or
as required to translate it into languages other than
English.
The limited permissions granted above are perpetual
and will not be revoked by OASIS or its successors or
assigns.
This document and the information contained herein is
provided on an "AS IS" basis and OASIS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT
INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
[OASIS requests that any OASIS Party or any other
party that believes it has patent claims that would
necessarily be infringed by implementations of this OASIS
Final Deliverable, to notify OASIS TC Administrator and
provide an indication of its willingness to grant patent
licenses to such patent claims in a manner consistent with
the IPR Mode of the OASIS Technical Committee that produced
this deliverable.]
[OASIS invites any party to contact the OASIS TC
Administrator if it is aware of a claim of ownership of any
patent claims that would necessarily be infringed by
implementations of this OASIS Final Deliverable by a patent
holder that is not willing to provide a license to such
patent claims in a manner consistent with the IPR Mode of
the OASIS Technical Committee that produced this OASIS Final
Deliverable. OASIS may include such claims on its website,
but disclaims any obligation to do so.]
[OASIS takes no position regarding the validity or
scope of any intellectual property or other rights that
might be claimed to pertain to the implementation or use of
the technology described in this OASIS Final Deliverable or
the extent to which any license under such rights might or
might not be available; neither does it represent that it
has made any effort to identify any such rights. Information
on OASIS' procedures with respect to rights in any document
or deliverable produced by an OASIS Technical Committee can
be found on the OASIS website. Copies of claims of rights
made available for publication and any assurances of
licenses to be made available, or the result of an attempt
made to obtain a general license or permission for the use
of such proprietary rights by implementers or users of this
OASIS Final Deliverable, can be obtained from the OASIS TC
Administrator. OASIS makes no representation that any
information or list of intellectual property rights will at
any time be complete, or that any claims in such list are,
in fact, Essential Claims.]
14.2 Other
Deliverables
Other OASIS Deliverables may include just the copyright
notice as follows:
Copyright c OASIS Open 2005. All
Rights Reserved.
14.3 Additional
Copyright Notices
Additional copyright notices identifying Contributors may
also be included with the OASIS copyright notice.
Appendix A - Feedback
License
The "OASIS ___________ Technical Committee" is developing
technology (the "OASIS ____________ Deliverable") as defined
by its charter and welcomes input, suggestions and other
feedback ("Feedback") on the OASIS ____________ Deliverable.
By the act of submitting, you (on behalf of yourself if you
are an individual, and your organization and its Affiliates if
you are providing Feedback on behalf of that organization)
agree to the following terms (all capitalized terms are
defined in the OASIS Intellectual Property Rights ("IPR")
Policy, see http://www.oasis-open.org/who/intellectualproperty.php):
-
Copyright - You (and your represented organization and
its Affiliates) grant to OASIS a perpetual, irrevocable,
non-exclusive, royalty-free, worldwide copyright license,
with the right to directly and indirectly sublicense, to
copy, publish, and distribute the Feedback in any way, and
to prepare derivative works that are based on or
incorporate all or part of the Feedback, solely for the
purpose of developing and promoting the OASIS Deliverable
and enabling the implementation of the same by Licensees.
-
Essential Claims - You covenant to grant a patent
license under any patent claims that you (or your
represented organization or its Affiliates) own or control
that become Essential Claims because of the incorporation
of such Feedback into the OASIS Final Deliverable, on
terms consistent with Section 10 of the OASIS IPR Policy
for the IPR Mode specified in the charter of this OASIS
Technical Committee.
-
Right to Provide - You warrant to the best of your
knowledge that you have rights to provide this Feedback,
and if you are providing Feedback on behalf of an
organization, you warrant that you have the rights to
provide Feedback on behalf of your organization and to
bind your organization and its Affiliates to the licensing
obligations provided above.
-
Confidentiality - You further warrant that no
information in this Feedback is confidential, and that
OASIS may freely disclose any information in the Feedback.
-
No requirement to Use - You also acknowledge that OASIS
is not required to incorporate your Feedback into any
version of this OASIS Deliverable.
Assent of Feedback Provider:
By: _________________________ (Signature)
Name: _______________________
Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
Appendix B: Copyright License
Grant
The undersigned, on its own behalf and on behalf of its
represented organization and its Affiliates, if any, with
respect to their collective copyright ownership rights in the
Contribution "__________________," grants to OASIS a
perpetual, irrevocable, non-exclusive, royalty-free,
world-wide copyright license, with the right to directly and
indirectly sublicense, to copy, publish, and distribute the
Contribution in any way, and to prepare derivative works that
are based on or incorporate all or part of the Contribution
solely for the purpose of developing and promoting the OASIS
Deliverable and enabling the implementation of the same by
Licensees (all above capitalized terms are defined in the
OASIS Intellectual Property Rights ("IPR") Policy, see http://www.oasis-open.org/who/intellectualproperty.php).
Assent of the Undersigned:
By: __________________________ (Signature)
Name: _______________________
Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
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