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OASIS.IPR.1. General Policy
In all matters of intellectual property rights and procedures, the
intention is to benefit the public at large, while respecting the
legitimate rights of others.
OASIS.IPR.2 Confidentiality Obligations
No contribution that is subject to any requirement of confidentiality
or any restriction on its dissemination may be considered in any
part of the OASIS Standards Process, and there must be no assumption
of any confidentiality obligation with respect to any such contribution.
No submission should be made on the basis of an assumed confidentiality
obligation or restriction on dissolution.
OASIS.IPR.3. Rights and Permissions
In the course of standards work, OASIS receives contributions in
various forms and from many persons. To best facilitate the dissemination
of these contributions, it is necessary to understand any intellectual
property rights (IPR) relating to the contributions.
OASIS.IPR.3.1. All Contributions
By submission of a contribution, each person actually submitting
the contribution is deemed to agree to the following terms and conditions
on his own behalf, on behalf of the organization (if any) he represents
and on behalf of the owners of any proprietary rights in the contribution.
Where a submission identifies contributors in addition to the contributor(s)
who provide the actual submission, the actual submitter(s) represent
that each other named contributor was made aware of and agreed to
accept the same terms and conditions on his own behalf, on behalf
of any organization he may represent and any known owner of any
proprietary rights in the contribution.
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Some works (e.g. works of the U.S. Government) are not subject
to copyright. However, to the extent that the submission is
or may be subject to copyright, the contributor, the organization
he represents (if any) and the owners of any proprietary rights
in the contribution, grant an unlimited perpetual, non-exclusive,
royalty-free, world-wide right and license to OASIS under any
copyrights in the contribution. This license includes the right
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, the license to such derivative
works to be of the same scope as the license of the original
contribution.
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The contributor acknowledges that OASIS has no duty to publish
or otherwise use or disseminate any contribution.
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The contributor grants permission to reference the name(s)
and address(es) of the contributor(s) and of the organization(s)
he represents (if any).
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The contributor represents that contributions properly acknowledge
major contributors.
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The contributor, the organization (if any) he represents and
the owners of any proprietary rights in the contribution, agree
that no information in the contribution is confidential and
that OASIS and its affiliated organizations may freely disclose
any information in the contribution.
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The contributor represents that he has disclosed the existence
of any proprietary or intellectual property rights in the contribution
that are reasonably and personally known to the contributor.
The contributor does not represent that he personally knows
of all potentially pertinent proprietary and intellectual property
rights owned or claimed by the organization he represents (if
any) or third parties.
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The contributor represents that there are no limits to the
contributor's ability to make the grants, acknowledgments and
agreements above that are reasonably and personally known to
the contributor.
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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 according to
the procedures set forth in this section. This warrant is perpetual
and will not be revoked by OASIS or its successors or assigns.
OASIS.IPR.3.2. OASIS Specifications
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(A)
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Where any patents, patent applications, or other proprietary
rights are known, or claimed, with respect to any specification
developed within the OASIS process, and are formally brought
to the attention of the OASIS Board of Directors, the OASIS
Board of Directors shall not advance the specification without
including in the document a note indicating the existence
of such rights, or claimed rights. Where implementations are
required before advancement of a specification, only implementations
that have, by statement of the implementors, taken adequate
steps to comply with any such rights, or claimed rights, shall
be considered for the purpose of showing the adequacy of the
specification.
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(B)
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The OASIS Board of Directors disclaims any responsibility
for identifying the existence of or for evaluating the applicability
of any claimed copyrights, patents, patent applications, or
other rights, and will take no position on the validity or
scope of any such rights.
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(C)
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Where the OASIS Board of Directors is formally notified of
rights, or claimed rights under (A), the OASIS Executive Director
shall attempt to obtain from the claimant of such rights a
written assurance that upon approval by the OASIS Board of
Directors of the relevant OASIS specification(s), any party
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 specification(s) under
openly specified, reasonable, non-discriminatory terms. The
technical committee proposing the use of the technology with
respect to which the proprietary rights are claimed may assist
the OASIS Executive Director in this effort. The results of
this procedure shall not affect advancement of a specification
through the OASIS process, except that the OASIS Board of
Directors may defer approval where a delay may facilitate
the obtaining of such assurances. The results will, however,
be recorded by the OASIS Executive Director, and made available.
The OASIS Board of Directors may also direct that a summary
of the results be included in any OASIS document published
containing the specification.
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OASIS.IPR.3.3 Determination of Reasonable and Non-discriminatory
Terms
The OASIS Board of Directors will not make any explicit determination
that the assurance of reasonable and non-discriminatory terms for
the use of a technology has been fulfilled in practice. It will
instead use the normal requirements for the advancement of OASIS
specifications to verify that the terms for use are reasonable.
OASIS.IPR.4. Notices
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(A)
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OASIS specifications shall include the following notice:
"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's procedures with respect
to rights in OASIS specifications can be found at 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 implementors or
users of this specification, can be obtained from the OASIS
Executive Director."
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(B)
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OASIS encourages all interested parties to bring to its attention,
at the earliest possible time, the existence of any intellectual
property rights pertaining to OASIS specifications. For this
purpose, each OASIS specification shall include the following
invitation:
"OASIS invites any interested party to bring to its attention
any copyrights, patents or patent applications, or other proprietary
rights which may cover technology that may be required to
implement this specification. Please address the information
to the OASIS Executive Director."
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(C)
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The following copyright notice and disclaimer shall be included
in all OASIS specification-related documentation:
"Copyright (C) OASIS Open (date). All Rights Reserved.
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 paragraph are included on
all such copies and derivative works. However, this document
itself may not be modified in any way, such as by removing
the copyright notice or references to OASIS, except as needed
for the purpose of developing OASIS specifications, in which
case the procedures for copyrights defined in the OASIS Intellectual
Property Rights document 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
RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE."
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(D)
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Where, pursuant to a notification under this Policy, the
OASIS Board of Directors is aware at the time of publication
of proprietary rights claimed with respect to an OASIS specification,
or the technology described or referenced therein, such specification
shall contain the following notice:
"OASIS has been notified of intellectual property rights
claimed in regard to some or all of the contents of this specification.
For more information consult the online list of claimed rights."
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