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状況
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承認日付
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有効日付
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現行
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2005年1月20日
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2005年4月15日
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旧来
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2000年1月13日
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2000年1月13日
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EXPLANATORY NOTE: The following OASIS IPR Policy is effective as
of 15 April 2005. OASIS Technical Committees formed prior to that
date will be required to transition to this Policy by 15 April 2007,
in the manner provided in the IPR Transition Policy.
However, committees that have not yet transitioned will continue
to operate under the terms of the legacy OASIS IPR Policy.
The version of the Policy applicable to each committee and its work
product will be clearly marked on the public home page for that
committee. A non-normative overview of this OASIS IPR Policy is
available, as a supplemental resource, in the OASIS IPR FAQ.
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 IPR (Intellectual Property Rights (IPR) Policy governs
the treatment of intellectual property in the production of specifications
and other works 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 Committee
Specification or OASIS Standard.
-
Contribution Obligation - a licensing requirement, as
described in Section 10 that results from making a Contribution
as described in Section 9.1.
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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.
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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 Committee Specification or OASIS Standard created within
the scope of the TC charter in effect at the time such specification
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 Committee Specification or
OASIS Standard. Existence of a non-infringing alternative shall
be judged based on the state of the art at the time the OASIS
Specification is approved.
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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 Committee
Specification or OASIS Standard. All such Feedback must be made
under the terms of the Feedback License (Appendix A).
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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.
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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 Committee Specification or OASIS Standard
that must be implemented to comply with such specification,
and (b) to the extent that the Licensee's products implement
one or more optional portions of such specification, 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 specification.
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Licensee - any organization, including its Affiliates
as defined in this Policy, or individual that licenses Essential
Claims from Obligated Parties for a particular OASIS Committee
Specification or OASIS Standard. Licensees need not be OASIS
members.
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Normative Portion - a portion of an OASIS Committee
Specification or OASIS Standard that must be implemented to
comply with such specification. If such specification 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 Committee Specification or OASIS Standard
that may be included in such specification are not Normative
Portions.
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OASIS Committee Draft - a draft technical work, designated
as such, that has been approved by a Technical Committee within
the scope of its charter as specified in the OASIS Technical
Committee Process.
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OASIS Committee Specification - a technical work, designated
as such, that has been approved by a Technical Committee for
public implementation.
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OASIS Party - a member of OASIS (i.e., an entity that
has executed an OASIS Membership Agreement) and its Affiliates.
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OASIS Standard - an OASIS Committee Specification that
has been submitted by a Technical Committee and reviewed and
approved by the OASIS membership as specified in the OASIS Technical
Committee Process.
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OASIS TC Administrator - the person(s) appointed to
represent OASIS in administrative matters relating to TCs as
provided by the OASIS Technical Committee Process.
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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.
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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.
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Obligated Party - a TC Party that incurs a licensing
obligation for its Essential Claims by either a Contribution
Obligation or a Participation Obligation.
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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.
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RAND Mode TC - an OASIS TC that is chartered under the
RAND IPR Mode described in Section 4.
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RF Mode TC - an OASIS TC that is chartered under one
of the RF IPR Modes described in Section 4.
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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.
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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.
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RAND - requires all Obligated Parties to license their Essential
Claims using the RAND licensing elements described in Section
10.1.
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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.
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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 Committee Specification or OASIS Standard
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 Committee Specification
or OASIS Standard, or incorporated into such work.
-
No OASIS Party may use an OASIS trademark or service mark in
connection with an OASIS Committee Specification or OASIS Standard
or otherwise, except in compliance with such license and usage
guidelines as OASIS may from time to time require.
6 LIMITED PATENT COVENANT FOR SPECIFICATION DEVELOPMENT
To permit TC Members and their TC Parties to develop implementations
of OASIS Committee Drafts 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 draft specification and covering making or using
(but not selling or otherwise distributing) Licensed Products that
implement such draft specification, solely for the purpose of testing
and developing such specification and only until either the specification
is approved as an OASIS Committee Specification or the Technical
Committee is closed.
7 FEEDBACK
-
OASIS encourages Feedback to OASIS Committee Specifications
or OASIS Standards 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 Committee Specification or OASIS Standard 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 Committee
Specification or OASIS Standard 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 specification.
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 Committee Specifications or OASIS Standards (including
drafts of such specifications). All OASIS Parties are encouraged
to review these specifications 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 a draft or approved OASIS Committee Specification
or OASIS Standard, 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 draft or approved OASIS Committee
Specification or OASIS Standard; 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 draft or approved OASIS Committee Specification or
OASIS Standard.
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 Committee Specification
or OASIS Standard 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 Committee
Draft, if that draft subsequently becomes an OASIS Committee Specification
or OASIS Standard, even if the TC Party is not a Contributor, when
all of the following conditions are met:
-
An OASIS Committee Specification or OASIS Standard is finally
approved that incorporates such OASIS Committee Draft, 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 Committee Draft closes 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 Committee Draft is approved by the TC, the
Participation Obligation adjusts to encompass the material in the
latest OASIS Committee Draft seven days after such draft has been
approved for publication.
10 LICENSING REQUIREMENTS
10.1 RAND Mode TC Requirements
For an OASIS Committee Specification or OASIS Standard 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 specification.
Such license need not extend to features of a Licensed Product that
are not required to comply with the Normative Portions of such specification.
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 Committee Specification
or OASIS Standard. Such term may require the Licensee to grant licenses
to all implementers of such specification. 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 Committee Specification
or OASIS Standard.
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 Committee Specification or OASIS Standard 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 specification. Such license need
not extend to features of a Licensed Product that are not required
to comply with the Normative Portions of such specification. 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 Committee Specification
or OASIS Standard. Such term may require the Licensee to grant licenses
to all implementers of such specification. 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 Committee Specification
or OASIS Standard.
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 Committee Specification(s) or OASIS Standard(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 Committee Drafts 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 Committee Drafts, Committee Specifications, and OASIS
Standards 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
such OASIS Specification.
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 Committee Specification or OASIS Standard;
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 Committee Specifications and OASIS
Standards; nor
-
Maintain the public availability of any given OASIS Committee
Specification or OASIS Standard that has been retired or superseded,
or which is no longer being actively implemented in the marketplace.
Where any copyrights, trademarks, patents, patent applications,
or other proprietary rights are known, or claimed, with respect
to any OASIS Committee Specification or OASIS Standard developed
within the OASIS Technical Committee Process, 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 8.3 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 upon approval as an OASIS Committee Specification or OASIS
Standard any Licensee will be able to obtain the right to implement,
use, and distribute the technology or works when implementing,
using, or distributing technology based upon the specific OASIS
Committee Specification or OASIS Standard under terms that are
consistent with this Policy. All such information will be made
available to the TC that produced such specification, 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 Committee Specification or OASIS Standard.
-
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 specification documents):
Copyright ｩ 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 Committee Specification or OASIS
Standard, 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 specification.]
[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 specification
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 specification.
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 document 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 Committee Specification or OASIS Standard,
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 deliverables may include just the copyright notice as follows:
Copyright ｩ 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 ____________ Specification") as defined by its charter
and welcomes input, suggestions and other feedback ("Feedback")
on the OASIS ____________ Specification. 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/jp/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 Committee Specification or OASIS Standard 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
Committee Specification or OASIS Standard, 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 Committee Specification or OASIS Standard.
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 Committee Specification or OASIS Standard
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/jp/who/intellectualproperty.php).
Assent of the Undersigned:
By: __________________________ (Signature)
Name: _______________________
Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
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