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LICENSE-specification.txt
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LICENSE-specification.txt
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Open Web Foundation Final Specification Agreement (OWFa 1.0)
(Patent and Copyright Grants)
1. The Purpose of this Agreement. This Agreement sets forth the terms under
which I make certain copyright and patent rights available to you for your
Permitted Uses of the Specification. Capitalized terms are defined in the
Agreement's last section.
2. Copyrights.
2.1. Copyright Grant. I grant to you a perpetual (for the duration of the
applicable copyright), worldwide, non-exclusive, no-charge, royalty-free,
copyright license, without any obligation for accounting to me, to reproduce,
prepare derivative works of, publicly display, publicly perform, sublicense,
distribute, and implement the Specification to the full extent of my copyright
interest in the Specification.
2.2. Attribution. As a condition of the copyright grant, you must include an
attribution to the Specification in any derivative work you make based on the
Specification. That attribution must include, at minimum, the Specification
name and version number.
3. Patents.
3.1. Patent Non-Assert.
3.1.1. The Promise. I, on behalf of myself and my successors in interest and
assigns, irrevocably promise not to assert my Granted Claims against you for
your Permitted Uses, subject to the terms and conditions of Section 3.1. This
is a personal promise directly from me to you, and you acknowledge as a
condition of benefiting from it that no rights from me are received from
suppliers, distributors, or otherwise in connection with this promise. This
promise also applies to your Permitted Uses of any other specifications
incorporating all required portions of the Specification.
3.1.2. Termination.
3.1.2.1. As a Result of Claims by You. All rights, grants, and promises made by
me to you under this Agreement are terminated if you file, maintain, or
voluntarily participate in a lawsuit against me or any person or entity
asserting that its Permitted Uses infringe any Granted Claims you would have
had the right to enforce had you signed this Agreement, unless that suit was in
response to a corresponding suit first brought against you.
3.1.2.2. As a Result of Claims by a Related Entity of Mine. If a Related Entity
of mine files, maintains, or voluntarily participates in a lawsuit asserting
that a Permitted Use infringes any Granted Claims it would have had the right
to enforce had it signed this Agreement, then I relinquish any rights, grants,
and promises I have received for the Specification from other signatories of
this Agreement, unless a) my promise to you was terminated pursuant to section
3.1.2.1, or b) that suit was in response to a corresponding suit first brought
by you against the Related Entity.
3.1.3. Additional Conditions. This promise is not an assurance (i) that any of
my copyrights or issued patent claims cover an implementation of the
Specification or are enforceable or (ii) that an implementation of the
Specification would not infringe intellectual property rights of any third
party. Notwithstanding the personal nature of my promise, this promise is
intended to be binding on any future owner, assignee or exclusive licensee to
whom has been given the right to enforce any Granted Claims against third
parties.
3.1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United
States Bankruptcy Code and any equivalent law in any foreign jurisdiction, this
promise will be treated as if it were a license and you may elect to retain
your rights under this promise if I (or any owner of any patents or patent
applications referenced herein), as a debtor in possession, or a bankruptcy
trustee, reject this non-assert.
3.2. Patent License Commitment. In addition to rights granted in 3.1, on behalf
of me and my successors in interest and assigns, I agree to grant to you a no
charge, royalty free license to my Granted Claims on reasonable and
non-discriminatory terms, where such license applies only to those Granted
Claims infringed by the implementation of the Specification, solely for your
Permitted Uses.
4. No Other Rights. Except as specifically set forth in this Agreement, no
other express or implied patent, trademark, copyright, or other property rights
are granted under this Agreement, including by implication, waiver, or
estoppel.
5. Antitrust Compliance. I acknowledge that I may compete with other
participants, that I am under no obligation to implement the Specification,
that each participant is free to develop competing technologies and standards,
and that each party is free to license its patent rights to third parties,
including for the purpose of enabling competing technologies and standards.
6. Non-Circumvention. I agree that I will not intentionally take or willfully
assist any third party to take any action for the purpose of circumventing my
obligations under this Agreement.
7. Representations, Warranties and Disclaimers. I represent and warrant that I
am legally entitled to grant the rights and promises set forth in this
Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS
IS." The entire risk as to implementing or otherwise using the
Specification is assumed by the implementer and user. Except as stated herein,
I expressly disclaim any warranties (express, implied, or otherwise), including
implied warranties of merchantability, non-infringement, fitness for a
particular purpose, or title, related to the Specification. IN NO EVENT WILL
ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM
ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER
OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All
of my obligations under Section 3 regarding the transfer, successors in
interest, or assignment of Granted Claims will be satisfied if I notify the
transferee or assignee of any patent that I know contains Granted Claims of the
obligations under Section 3. Nothing in this Agreement requires me to undertake
a patent search.
8. Definitions.
8.1. Agreement. "Agreement" means this OWFa document, which sets
forth the rights, grants, promises, limitations, conditions, obligations, and
disclaimers made available for the particular Specification.
8.2. Bound Entities. "Bound Entities" means the entity listed below
and any entities that the Bound Entity Controls.
8.3. Control. "Control" means direct or indirect control of more than
50% of the voting power to elect directors of that corporation, or for any
other entity, the power to direct management of such entity.
8.4. Granted Claims. "Granted Claims" are those patent claims that I
own or control, including those patent claims I acquire or control after the
Date below, that are infringed by Permitted Uses. Granted Claims include only
those patent claims that are infringed by the implementation of any portions of
the Specification where the Specification describes the functionality causing
the infringement in detail and does not merely reference the functionality
causing the infringement.
8.5. I, Me, or My. "I," "me," or "my" refers to
the signatory below and its Bound Entities, if applicable.
8.6. Permitted Uses. "Permitted Uses" means making, using, selling,
offering for sale, importing or distributing any implementation of the
Specification 1) only to the extent it implements the Specification and 2) so
long as all required portions of the Specification are implemented. Permitted
Uses do not extend to any portion of an implementation that is not included in
the Specification.
8.7. Related Entities. "Related Entities" means 1) any entity that
Controls the Bound Entity ("Upstream Entity"), and 2) any other
entity that is Controlled by an Upstream Entity that is not itself a Bound
Entity.
8.8. Specification. "Specification" means the Specification
identified below.
8.9. You or Your. "You," "you," or "your" means
any person or entity who exercises copyright or patent rights granted under
this Agreement, and any person or entity you Control.
This Specification Agreement applies to all .pdf files found in the docs/specs
directory and its subdirectories of this repository at a time at which this
LICENSE could be found at the root of the repository.
Signed by
phseiff
the 7th January 2021
contact: phseiff@phseiff.com