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294 lines
16 KiB
Text
294 lines
16 KiB
Text
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Community Specification License 1.0
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The Purpose of this License. This License sets forth the terms under which
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1) Contributor will participate in and contribute to the development
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of specifications, standards, best practices, guidelines, and other
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similar materials under this Working Group, and 2) how the materials
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developed under this License may be used. It is not intended for source
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code. Capitalized terms are defined in the License’s last section.
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1. Copyright.
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1.1. Copyright License. Contributor grants everyone a non-sublicensable,
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perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
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(except as expressly stated in this License) copyright license, without
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any obligation for accounting, to reproduce, prepare derivative works
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of, publicly display, publicly perform, and distribute any materials
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it submits to the full extent of its copyright interest in those
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materials. Contributor also acknowledges that the Working Group may
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exercise copyright rights in the Specification, including the rights to
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submit the Specification to another standards organization.
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1.2. Copyright Attribution. As a condition, anyone exercising this
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copyright license must include attribution to the Working Group in any
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derivative work based on materials developed by the Working Group.
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That attribution must include, at minimum, the material’s name,
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version number, and source from where the materials were retrieved.
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Attribution is not required for implementations of the Specification.
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2. Patents.
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2.1. Patent License.
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2.1.1. As a Result of Contributions.
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2.1.1.1. As a Result of Contributions to Draft Specifications.
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Contributor grants Licensee a non-sublicensable, perpetual, worldwide,
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non-exclusive, no-charge, royalty-free, irrevocable (except as
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expressly stated in this License) license to its Necessary Claims in 1)
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Contributor’s Contributions and 2) to the Draft Specification that
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is within Scope as of the date of that Contribution, in both cases for
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Licensee’s Implementation of the Draft Specification, except for those
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patent claims excluded by Contributor under Section 3.
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2.1.1.2. For Approved Specifications. Contributor grants Licensee a
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non-sublicensable, perpetual, worldwide, non-exclusive, no-charge,
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royalty-free, irrevocable (except as expressly stated in this License)
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license to its Necessary Claims included the Approved Specification
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that are within Scope for Licensee’s Implementation of the Approved
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Specification, except for those patent claims excluded by Contributor
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under Section 3.
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2.1.2. Patent Grant from Licensee. Licensee grants each other Licensee
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a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge,
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royalty-free, irrevocable (except as expressly stated in this License)
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license to its Necessary Claims for its Implementation, except for those
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patent claims excluded under Section 3.
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2.1.3. Licensee Acceptance. The patent grants set forth in Section 2.1
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extend only to Licensees that have indicated their agreement to this
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License as follows:
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2.1.3.1. Source Code Distributions. For distribution in source code,
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by including this License in the root directory of the source code with
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the Implementation;
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2.1.3.2. Non-Source Code Distributions. For distribution in any form
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other than source code, by including this License in the documentation,
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legal notices, via notice in the software, and/or other written materials
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provided with the Implementation; or
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2.1.3.3. Via Notices.md. By issuing pull request or commit to the
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Specification’s repository’s Notices.md file by the Implementer’s
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authorized representative, including the Implementer’s name, authorized
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individual and system identifier, and Specification version.
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2.1.4. Defensive Termination. If any Licensee files or maintains a
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claim in a court asserting that a Necessary Claim is infringed by an
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Implementation, any licenses granted under this License to the Licensee
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are immediately terminated unless 1) that claim is directly in response
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to a claim against Licensee regarding an Implementation, or 2) that claim
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was brought to enforce the terms of this License, including intervention
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in a third-party action by a Licensee.
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2.1.5. Additional Conditions. This License is not an assurance (i)
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that any of Contributor’s copyrights or issued patent claims cover
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an Implementation of the Specification or are enforceable or (ii) that
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an Implementation of the Specification would not infringe intellectual
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property rights of any third party.
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2.2. Patent Licensing Commitment. In addition to the rights granted
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in Section 2.1, Contributor agrees to grant everyone a no charge,
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royalty-free license on reasonable and non-discriminatory terms
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to Contributor’s Necessary Claims that are within Scope for:
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1) Implementations of a Draft Specification, where such license
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applies only to those Necessary Claims infringed by implementing
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Contributor's Contribution(s) included in that Draft Specification,
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and 2) Implementations of the Approved Specification.
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This patent licensing commitment does not apply to those claims subject
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to Contributor’s Exclusion Notice under Section 3.
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2.3. Effect of Withdrawal. Contributor may withdraw from the Working Group
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by issuing a pull request or commit providing notice of withdrawal to
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the Working Group repository’s Notices.md file. All of Contributor’s
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existing commitments and obligations with respect to the Working Group
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up to the date of that withdrawal notice will remain in effect, but no
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new obligations will be incurred.
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2.4. Binding Encumbrance. This License is binding on any future owner,
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assignee, or party who has been given the right to enforce any Necessary
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Claims against third parties.
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3. Patent Exclusion.
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3.1. As a Result of Contributions. Contributor may exclude Necessary
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Claims from its licensing commitments incurred under Section 2.1.1
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by issuing an Exclusion Notice within 45 days of the date of that
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Contribution. Contributor may not issue an Exclusion Notice for any
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material that has been included in a Draft Deliverable for more than 45
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days prior to the date of that Contribution.
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3.2. As a Result of a Draft Specification Becoming an Approved
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Specification. Prior to the adoption of a Draft Specification as an
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Approved Specification, Contributor may exclude Necessary Claims from
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its licensing commitments under this Agreement by issuing an Exclusion
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Notice. Contributor may not issue an Exclusion Notice for patents that
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were eligible to have been excluded pursuant to Section 3.1.
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4. Source Code License. Any source code developed by the Working Group is
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solely subject the source code license included in the Working Group’s
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repository for that code. If no source code license is included, the
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source code will be subject to the MIT License.
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5. No Other Rights. Except as specifically set forth in this License, no
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other express or implied patent, trademark, copyright, or other rights are
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granted under this License, including by implication, waiver, or estoppel.
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6. Antitrust Compliance. Contributor acknowledge that it may compete
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with other participants in various lines of business and that it is
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therefore imperative that they and their respective representatives
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act in a manner that does not violate any applicable antitrust laws and
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regulations. This License does not restrict any Contributor from engaging
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in similar specification development projects. Each Contributor may
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design, develop, manufacture, acquire or market competitive deliverables,
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products, and services, and conduct its business, in whatever way it
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chooses. No Contributor is obligated to announce or market any products
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or services. Without limiting the generality of the foregoing, the
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Contributors agree not to have any discussion relating to any product
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pricing, methods or channels of product distribution, division of markets,
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allocation of customers or any other topic that should not be discussed
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among competitors under the auspices of the Working Group.
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7. Non-Circumvention. Contributor agrees that it will not intentionally
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take or willfully assist any third party to take any action for the
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purpose of circumventing any obligations under this License.
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8. Representations, Warranties and Disclaimers.
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8.1. Representations, Warranties and Disclaimers. Contributor and Licensee
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represents and warrants that 1) it is legally entitled to grant the
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rights set forth in this License and 2) it will not intentionally include
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any third party materials in any Contribution unless those materials are
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available under terms that do not conflict with this License. IN ALL OTHER
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RESPECTS ITS CONTRIBUTIONS ARE PROVIDED "AS IS." The entire risk as to
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implementing or otherwise using the Contribution or the Specification
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is assumed by the implementer and user. Except as stated herein,
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CONTRIBUTOR AND LICENSEE EXPRESSLY DISCLAIM ANY WARRANTIES (EXPRESS,
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IMPLIED, OR OTHERWISE), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
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NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF QUALITY,
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OR TITLE, RELATED TO THE CONTRIBUTION OR THE SPECIFICATION. IN NO EVENT
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WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY
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FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
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ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO
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THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
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NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Any obligations regarding
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the transfer, successors in interest, or assignment of Necessary Claims
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will be satisfied if Contributor or Licensee notifies the transferee
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or assignee of any patent that it knows contains Necessary Claims or
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necessary claims under this License. Nothing in this License requires
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Contributor to undertake a patent search. If Contributor is 1) employed by
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or acting on behalf of an employer, 2) is making a Contribution under the
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direction or control of a third party, or 3) is making the Contribution
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as a consultant, contractor, or under another similar relationship with
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a third party, Contributor represents that they have been authorized by
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that party to enter into this License on its behalf.
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8.2. Distribution Disclaimer. Any distributions of technical
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information to third parties must include a notice materially similar
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to the following: “THESE MATERIALS ARE PROVIDED “AS IS.” The
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Contributors and Licensees expressly disclaim any warranties (express,
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implied, or otherwise), including implied warranties of merchantability,
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non-infringement, fitness for a particular purpose, or title, related to
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the materials. The entire risk as to implementing or otherwise using the
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materials is assumed by the implementer and user. IN NO EVENT WILL THE
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CONTRIBUTORS OR LICENSEES BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS
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OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO
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THIS DELIVERABLE OR ITS GOVERNING AGREEMENT, WHETHER BASED ON BREACH OF
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CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT
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THE OTHER MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.”
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9. Definitions.
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9.1. Affiliate. “Affiliate” means an entity that directly or
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indirectly Controls, is Controlled by, or is under common Control of
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that party.
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9.2. Approved Specification. “Approved Specification” means the final
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version and contents of any Draft Specification designated as an Approved
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Specification as set forth in the accompanying Governance.md file.
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9.3. Contribution. “Contribution” means any original work of
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authorship, including any modifications or additions to an existing
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work, that Contributor submits for inclusion in a Draft Specification,
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which is included in a Draft Specification or Approved Specification.
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9.4. Contributor. “Contributor” means any person or entity that has
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indicated its acceptance of the License 1) by making a Contribution to
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the Specification, or 2) by entering into the Community Specification
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Contributor License Agreement for the Specification. Contributor includes
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its Affiliates, assigns, agents, and successors in interest.
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9.5. Control. “Control” means direct or indirect control of more
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than 50% of the voting power to elect directors of that corporation,
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or for any other entity, the power to direct management of such entity.
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9.6. Draft Specification. “Draft Specification” means all versions
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of the material (except an Approved Specification) developed by this
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Working Group for the purpose of creating, commenting on, revising,
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updating, modifying, or adding to any document that is to be considered
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for inclusion in the Approved Specification.
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9.7. Exclusion Notice. “Exclusion Notice” means a written notice
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made by making a pull request or commit to the repository’s Notices.md
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file that identifies patents that Contributor is excluding from its
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patent licensing commitments under this License. The Exclusion Notice
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for issued patents and published applications must include the Draft
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Specification’s name, patent number(s) or title and application
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number(s), as the case may be, for each of the issued patent(s) or
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pending patent application(s) that the Contributor is excluding from the
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royalty-free licensing commitment set forth in this License. If an issued
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patent or pending patent application that may contain Necessary Claims
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is not set forth in the Exclusion Notice, those Necessary Claims shall
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continue to be subject to the licensing commitments under this License.
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The Exclusion Notice for unpublished patent applications must provide
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either: (i) the text of the filed application; or (ii) identification
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of the specific part(s) of the Draft Specification whose implementation
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makes the excluded claim a Necessary Claim. If (ii) is chosen, the
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effect of the exclusion will be limited to the identified part(s) of
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the Draft Specification.
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9.8. Implementation. “Implementation” means making, using, selling,
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offering for sale, importing or distributing any implementation of the
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Specification 1) only to the extent it implements the Specification and 2)
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so long as all required portions of the Specification are implemented.
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9.9. License. “License” means this Community Specification License.
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9.10. Licensee. “Licensee” means any person or entity that has
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indicated its acceptance of the License as set forth in Section 2.1.3.
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Licensee includes its Affiliates, assigns, agents, and successors in
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interest.
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9.11. Necessary Claims. “Necessary Claims” are those patent claims, if
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any, that a party owns or controls, including those claims later acquired,
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that are necessary to implement the required portions (including the
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required elements of optional portions) of the Specification that are
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described in detail and not merely referenced in the Specification.
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9.12. Specification. “Specification” means a Draft Specification
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or Approved Specification included in the Working Group’s repository
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subject to this License, and the version of the Specification implemented
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by the Licensee.
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9.13. Scope. “Scope” has the meaning as set forth in the accompanying
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Scope.md file included in this Specification’s repository. Changes
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to Scope do not apply retroactively. If no Scope is provided, each
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Contributor’s Necessary Claims are limited to that Contributor’s
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Contributions.
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9.14. Working Group. “Working Group” means this project to develop
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specifications, standards, best practices, guidelines, and other similar
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materials under this License.
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The text of this Community Specification License is Copyright 2020
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Joint Development Foundation and is licensed under the Creative
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Commons Attribution 4.0 International License available at
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https://creativecommons.org/licenses/by/4.0/.
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SPDX-License-Identifier: CC-BY-4.0
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