{
  "key": "oasis-ipr-2013",
  "short_name": "OASIS IPR 2013",
  "name": "OASIS Intellectual Property Rights (IPR) Policy 2013",
  "category": "Proprietary Free",
  "owner": "OASIS",
  "homepage_url": "https://www.oasis-open.org/policies-guidelines/ipr/",
  "spdx_license_key": "LicenseRef-scancode-oasis-ipr-2013",
  "other_urls": [
    "https://github.com/alexa/avs-device-sdk/blob/703b06188eae146af396f58be4e47442d7ce5b1e/NOTICE.txt#L103Attac"
  ],
  "ignorable_copyrights": [
    "Copyright (c) OASIS Open"
  ],
  "ignorable_holders": [
    "OASIS Open"
  ],
  "ignorable_urls": [
    "http://www.oasis-open.org/policies-guidelines/ipr",
    "http://www.oasis-open.org/who/intellectualproperty.php",
    "http://www.oasisopen.org/policies-guidelines/ipr",
    "http://www.oasisopen.org/who/intellectualproperty.php"
  ],
  "text": "Intellectual Property Rights (IPR) Policy\n1. INTRODUCTION\n2. DEFINITIONS\n3. CONFIDENTIALITY\n4. TC FORMATION\n5. CONTRIBUTIONS\n6. LIMITED PATENT COVENANT FOR SPECIFICATION DEVELOPMENT\n7. FEEDBACK\n8. DISCLOSURE\n9. TYPES OF OBLIGATIONS\n10. LICENSING REQUIREMENTS\n11. WITHDRAWAL AND TERMINATION\n12. LIMITATIONS OF LIABILITY\n13. GENERAL\n14. NOTICES\nAppendix A. Feedback License\nAppendix B. Copyright License Grant\n\n\n1. INTRODUCTION\nThe OASIS Intellectual Property Rights (IPR) Policy governs the treatment of intellectual property in the production\nof deliverables by OASIS Open (hereafter referred to as OASIS).\nThis Policy applies to all members of OASIS and their Affiliates (as defined below). The OASIS Board of Directors\nmay amend this Policy at any time in its sole discretion. In the event of such change to this Policy, the Board will\nprovide instructions for transition of membership and Technical Committees to the new Policy; however, no\namendment to this Policy will be effective in less than 60 calendar days from the date that written notice of such\namendment is given to the Member at its address of record with OASIS.\n\n\n2. DEFINITIONS\nEach capitalized term within this document shall have the meaning provided below:\n\n1. Affiliate \u2013 any entity that directly or indirectly controls, is controlled by, or is under common control with,\nanother entity, so long as such control exists. In the event that such control ceases to exist, such Affiliate will\nbe deemed to have withdrawn from OASIS pursuant to the terms set forth in the withdrawal provisions in\nSection 11. For purposes of this definition, with respect to a business entity, control means direct or indirect\nbeneficial ownership of or the right to exercise (i) greater than fifty percent (50%) of the voting stock or\nequity in an entity; or (ii) greater than fifty percent (50%) of the ownership interest representing the right to\nmake the decisions for the subject entity in the event that there is no voting stock or equity.\n\n2. Beneficiary \u2013 any organization, including its Affiliates as defined in this Policy, or individual who benefits\nfrom the OASIS Non-Assertion Covenant with respect to Essential Claims from Obligated Parties for a\nparticular OASIS Standards Final Deliverable. A Beneficiary need not be an OASIS member.\n\n3. Continuing Licensing or Non-Assertion Obligation \u2013 a licensing or non-assertion obligation, of the types\ndefined by Section 9 of this Policy, which survives a TC Party\u2019s withdrawal from an OASIS Technical\nCommittee.\n\n4. Contribution \u2013 any material submitted to an OASIS Technical Committee by a TC Member in writing or\nelectronically, whether in an in-person meeting or in any electronic conference or mailing list maintained by\nOASIS for the OASIS Technical Committee and which is or was proposed for inclusion in an OASIS Deliverable.\n\n5. Contribution Obligation \u2013 a licensing or non-assertion requirement, as described in Section 10 that results\nfrom making a Contribution as described in Section 9.1.\n\n6. Contributor \u2013 a TC Party on whose behalf a Contribution is made by the TC Party\u2019s TC Member.\n\n7. Covered Product \u2013 includes only those specific portions of a product (hardware, software or combinations\nthereof) that (a) implement and are compliant with all Normative Portions of an OASIS Standards Final\nDeliverable produced by a Non-Assertion Mode TC that must be implemented to comply with such\ndeliverable, and (b) to the extent that the product implements one or more optional portions of such\ndeliverable, those portions that implement and are compliant with all Normative Portions that must be\nimplemented to comply with such optional portions of the deliverable.\n\n8. Eligible Person \u2013 one of a class of individuals that include: persons holding individual memberships in\nOASIS, employees or designees of organizational members of OASIS, and such other persons as may be\ndesignated by the OASIS Board of Directors.\n\n9. Essential Claims \u2013 those claims in any patent or patent application in any jurisdiction in the world that\nwould necessarily be infringed by an implementation of those portions of a particular OASIS Standards Final\nDeliverable created within the scope of the TC charter in effect at the time such deliverable was developed.\nA claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is\nno non-infringing alternative for implementing the Normative Portions of that particular OASIS Standards\nFinal Deliverable. Existence of a non-infringing alternative shall be judged based on the state of the art at\nthe time the OASIS Standards Final Deliverable is approved.\n\n10. Feedback \u2013 any written or electronic input provided to an OASIS Technical Committee by individuals who\nare not TC Members and which is proposed for inclusion in an OASIS Deliverable. All such Feedback must be\nmade under the terms of the Feedback License (Appendix A).\n\n11. Final Maintenance Deliverable \u2013 Any OASIS Standards Final Deliverable that results entirely from\nMaintenance Activity.\n\n12. IPR Mode \u2013 an element of an OASIS TC charter, which specifies the type of licenses or non-assertion\ncovenants required for any Essential Claims associated with the output produced by a given Technical\nCommittee. This is further described in Section 4.\n\n13. Licensed Products \u2013 include only those specific portions of a Licensee\u2019s products (hardware, software or\ncombinations thereof) that (a) implement and are compliant with all Normative Portions of an OASIS\nStandards Final Deliverable that must be implemented to comply with such deliverable, and (b) to the\nextent that the Licensee\u2019s products implement one or more optional portions of such deliverable, those\nportions of Licensee\u2019s products that implement and are compliant with all Normative Portions that must be\nimplemented to comply with such optional portions of the deliverable.\n\n14. Licensee \u2013 any organization, including its Affiliates as defined in this Policy, or individual that licenses\nEssential Claims from Obligated Parties for a particular OASIS Standards Final Deliverable. Licensees need\nnot be OASIS members.\n\n15. Maintenance Activity \u2013 Any drafting or development work to modify an OASIS Standards Final Deliverable\nthat (a) constitutes only error corrections, bug fixes or editorial formatting changes to the OASIS Standards\nFinal Deliverable; and (b) does not add any feature; and (c) is within the scope of the TC that approved the\nOASIS Standards Final Deliverable (whether or not the work is conducted by the same TC).\n\n16. Normative Portion \u2013 a portion of an OASIS Standards Final Deliverable that must be implemented to\ncomply with such deliverable. If such deliverable defines optional parts, Normative Portions include those\nportions of the optional part that must be implemented if the implementation is to comply with such\noptional part. Examples and/or reference implementations and other specifications or standards that were\ndeveloped outside the TC and which are referenced in the body of a particular OASIS Standards Final\nDeliverable that may be included in such deliverable are not Normative Portions.\n\n17. Non-Assertion Mode TC \u2013 an OASIS TC that is chartered under the Non-Assertion IPR Mode described in\nSection 4.\n\n18. OASIS Deliverable \u2013 a work product developed by a Technical Committee within the scope of its charter\nwhich is enumerated in and developed in accordance with the OASIS Technical Committee Process.\n\n19. OASIS Standards Draft Deliverable \u2013 an OASIS Deliverable that has been designated and approved by a\nTechnical Committee as an OASIS Standards Draft Deliverable and which is enumerated in and developed\nin accordance with the OASIS Technical Committee Process.\n\n20. OASIS Standards Final Deliverable \u2013 an OASIS Deliverable that has been designated and approved by a\nTechnical Committee as an OASIS Standards Final Deliverable and which is enumerated in and developed\nin accordance with the OASIS Technical Committee Process.\n\n21. OASIS Party \u2013 a member of OASIS (i.e., an entity that has executed an OASIS Membership Agreement) and\nits Affiliates.\n\n22. OASIS TC Administrator \u2013 the person(s) appointed to represent OASIS in administrative matters relating to\nTCs as provided by the OASIS Technical Committee Process.\n\n23. OASIS Technical Committee (TC) \u2013 a group of Eligible Persons formed, and whose actions are conducted,\naccording to the provisions of the OASIS Technical Committee Process.\n\n24. OASIS Technical Committee Process \u2013 the \"OASIS OPEN TECHNICAL COMMITTEE PROCESS\", as from time to\ntime amended, which describes the operation of Technical Committees at OASIS.\n\n25. Obligated Party \u2013 a TC Party that incurs a licensing or non-assertion obligation for its Essential Claims by\neither a Contribution Obligation or a Participation Obligation.\n\n26. Participation Obligation \u2013 a licensing or non-assertion requirement, as described in Section 10, that arises\nfrom membership in an OASIS Technical Committee, as described in Section 9.2.\n\n27. RAND Mode TC \u2013 an OASIS TC that is chartered under the RAND IPR Mode described in Section 4.\n\n28. RF Mode TC \u2013 an OASIS TC that is chartered under one of the RF IPR Modes described in Section 4.\n\n29. TC Member \u2013 an Eligible Person who has completed the requirements to join a TC during the period in which\ns/he maintains his or her membership as described by the OASIS Technical Committee Process. A TC\nMember may represent the interests of a TC Party in the TC.\n\n30. TC Party \u2013 an OASIS Party that is, or is represented by, a TC Member in the relevant Technical Committee.\n\n\n3. CONFIDENTIALITY\nNeither Contributions nor Feedback that are subject to any requirement of confidentiality may be considered in\nany part of the OASIS Technical Committee Process. All Contributions and Feedback will therefore be deemed to\nhave been submitted on a non-confidential basis, notwithstanding any markings or representations to the\ncontrary, and OASIS shall have no obligation to treat any such material as confidential.\n\n\n4. TC FORMATION\nAt the time a TC is chartered, the proposal to form the TC must specify the IPR Mode under which the Technical\nCommittee will operate. This Policy describes the following IPR Modes:\n\n1. RAND \u2013 requires all Obligated Parties to license their Essential Claims using the RAND licensing elements\ndescribed in Section 10.1.\n\n2. RF on RAND Terms \u2013 requires all Obligated Parties to license their Essential Claims using the RF licensing\nelements described in Sections 10.2.1 and 10.2.2.\n\n3. RF on Limited Terms \u2013 requires all Obligated Parties to license their Essential Claims using the RF licensing\nelements described in Sections 10.2.1 and 10.2.3.\n\n4. Non-Assertion \u2013 requires all Obligated Parties to provide an OASIS Non-Assertion Covenant as described in\nSection 10.3.\nA TC may not change its IPR Mode without closing and submitting a new charter.\n\n\n5. CONTRIBUTIONS\n\n5.1 General\nAt the time of submission of a Contribution for consideration by an OASIS Technical Committee, each named coContributor (and its respective Affiliates) is deemed to agree to the following terms and conditions and to make\nthe following representations (based on the actual knowledge of the TC Member(s) making the Contribution, with\nrespect to items 3 \u2013 5 below, inclusive):\n\n1. OASIS has no duty to publish or otherwise use or disseminate any Contribution.\n\n2. OASIS may reference the name(s) of the Contributor(s) for the purpose of acknowledging and publishing\nthe Contribution.\n\n3. The Contribution properly identifies any holders of copyright interests in the Contribution.\n\n4. No information in the Contribution is confidential, and OASIS may freely disclose any information in the\nContribution.\n\n5. There are no limits to the Contributor\u2019s ability to make the grants, acknowledgments, and agreements\nrequired by this Policy with respect to such Contribution.\n\n\n5.2 Copyright Licenses\n\n1. To the extent that a Contributor holds a copyright interest in its Contribution, such Contributor grants to\nOASIS a perpetual, irrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to\ndirectly and indirectly sublicense, to copy, publish, and distribute the Contribution in any way, and to\nprepare derivative works that are based on or incorporate all or part of the Contribution solely for the\npurpose of developing and promoting the OASIS Deliverable and enabling (subject to the rights of the\nowners of any Essential Claims) the implementation of the same by Licensees or Beneficiaries.\n\n2. To the extent that a Contribution is subject to copyright by parties that are not Contributors, the\nsubmitter(s) must provide OASIS with a signed \u201cCopyright License Grant\u201d (Appendix B) from each such\ncopyright owner whose permission would be required to permit OASIS to exercise the rights described in\nAppendix B.\n\n\n5.3 Trademarks\n\n1. Trademarks or service marks that are not owned by OASIS shall not be used by OASIS, except as approved\nby the OASIS Board of Directors, to refer to work conducted at OASIS, including the use in the name of an\nOASIS TC, an OASIS Deliverable, or incorporated into such work.\n\n2. No OASIS Party may use an OASIS trademark or service mark in connection with an OASIS Deliverable or\notherwise, except in compliance with such license and usage guidelines as OASIS may from time to time\nrequire.\n\n\n6. LIMITED PATENT COVENANT FOR DELIVERABLE DEVELOPMENT\n\nTo permit TC Members and their TC Parties to develop implementations of OASIS Standards Draft Deliverables\nbeing developed by a TC, each TC Party represented by a TC Member in a TC, at such time that the TC Member\njoins the TC, grants to each other TC Party in that TC automatically and without further action on its part, and on\nan ongoing basis, a limited covenant not to assert any Essential Claims required to implement such OASIS\nStandards Draft Deliverable and covering making or using (but not selling or otherwise distributing) an\nimplementation of such OASIS Standards Draft Deliverable, solely for the purpose of testing and developing such\ndeliverable and only until either the OASIS Standards Draft Deliverable is approved as an OASIS Standards Final\nDeliverable or the Technical Committee is closed.\n\n\n7. FEEDBACK\n\n1. OASIS encourages Feedback to OASIS Deliverables from both OASIS Parties who are not TC Parties and the\npublic at large. Feedback will be accepted only under the \"Feedback License\" (Appendix A).\n\n2. OASIS will require that submitters of Feedback agree to the terms of the Feedback License before\ntransmitting submitted Feedback to the Technical Committee.\n\n\n8. DISCLOSURE\n\n1. Disclosure Obligations \u2013 Each TC Party shall disclose to OASIS in writing the existence of all patents and/or\npatent applications owned or claimed by such TC Party that are actually known to the TC Member directly\nparticipating in the TC, and which such TC Member believes may contain any Essential Claims or claims\nthat might become Essential Claims upon approval of an OASIS Standards Final Deliverable as such\ndocument then exists (collectively, \u201cDisclosed Claims\u201d).\n\n2. Disclosure of Third Party Patent Claims \u2013 Each TC Party whose TC Members become aware of patents or\npatent applications owned or claimed by a third party that contain claims that might become Essential\nClaims upon approval of an OASIS Standards Final Deliverable should disclose them, provided that such\ndisclosure is not prohibited by any confidentiality obligation binding upon them. It is understood that any TC\nParty that discloses third party patent claims to OASIS does not take a position on the essentiality or\nrelevance of the third party claims to the OASIS Standards Final Deliverable in its then-current form.\nIn both cases (Sections 8.1 and 8.2), it is understood and agreed that such TC Party(s)\u2019 TC Member(s) do not\nrepresent that they know of all potentially pertinent claims of patents and patent applications owned or\nclaimed by the TC Party or any third parties. For the avoidance of doubt, while the disclosure obligation\nunder Sections 8.1 and 8.2 applies directly to all TC Parties, this obligation is triggered based on the actual\nknowledge of the TC Party\u2019s TC Members regarding the TC Party\u2019s patents or patent applications that may\ncontain Essential Claims.\n\n3. Disclosure Requests \u2013 Disclosure requests will be included as described in Section 12 with all public review\ncopies of OASIS Standards Final Deliverables. All OASIS Parties are encouraged to review such OASIS\nStandards Final Deliverables and make appropriate disclosures.\n\n4. Limitations \u2013 A disclosure request and the obligation to disclose set forth above do not imply any\nobligations on the recipients of disclosure requests (collectively or individually) or on any OASIS Party to\nperform or conduct patent searches. Nothing in this Policy nor the act of receiving a disclosure request for\nan OASIS Standards Final Deliverable, regardless of whether it is responded to, shall be construed or\notherwise interpreted as any kind of express or implied representation with respect to the existence or nonexistence of patents or patent applications which contain Essential Claims, other than that such TC Party\nhas acted in good faith with respect to its disclosure obligations.\n\n5. Information \u2013 Any disclosure of Disclosed Claims shall include (a) in the case of issued patents and\npublished patent applications, the patent or patent application publication number, the associated country\nand, as reasonably practicable, the relevant portions of the applicable OASIS Standards Final Deliverable;\nand (b) in the case of unpublished patent applications, the existence of the unpublished application and, as\nreasonably practicable, the relevant portions of the applicable OASIS Standards Final Deliverable.\n\n\n9. TYPES OF OBLIGATIONS\n\n9.1 Contribution Obligation\nA TC Party has a Contribution Obligation, which arises at the time the Contribution is submitted to a TC, to license\nor provide under non-assertion covenants as appropriate for the IPR mode described in Section 10, any claims\nunder its patents or patent applications that become Essential Claims when such Contribution is incorporated\n(either in whole or in part) into (a) the OASIS Standards Final Deliverable produced by the TC that received the\nContribution, or (b) any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable.\n\n9.2 Participation Obligation\nA TC Party has a Participation Obligation to license or provide under non-assertion covenant as appropriate for\nthe IPR mode, as described in Section 10, any claims under its patents or patent applications that would be\nEssential Claims in the then current OASIS Standards Draft Deliverable, if that draft subsequently becomes an\nOASIS Standards Final Deliverable, even if the TC Party is not a Contributor, when all of the following conditions are\nmet:\n\n- An OASIS Standards Final Deliverable is finally approved that incorporates such OASIS Standards Draft\nDeliverable, either in whole or in part;\n\n- The TC Party has been on, or has been represented by TC Member(s) on such TC for a total of sixty (60)\ncalendar days, which need not be continuous;\n\n- The TC Party is on, or is represented by TC Member(s) on such TC after a period of seven (7) calendar days\nafter the ballot to approve such OASIS Standards Draft Deliverable has elapsed.\n\n\nOnce the foregoing conditions are met, that TC Party\u2019s Participation Obligation so to license or provide a nonassertion covenant continues with respect to that OASIS Standards Final Deliverable, and any Final Maintenance\n\nDeliverable subsequently approved with respect to that OASIS Standards Final Deliverable.\nFor organizational TC Parties, the membership threshold is met by one or more employees or organizational\ndesignees of such Parties having been a TC Member on any 60 calendar days, although any given calendar day\nis only one day of membership, regardless of the number of participants on that day.\n\nEach time a new OASIS Standards Draft Deliverable is approved by the TC, the Participation Obligation adjusts to\nencompass the material in the latest OASIS Standards Draft Deliverable seven days after such draft has been\napproved for publication.\n\n\n10. LICENSING REQUIREMENTS\n\n10.1 RAND Mode TC Requirements\n\nFor an OASIS Standards Final Deliverable developed by a RAND Mode TC, except where a Licensee has a separate,\nsigned agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and\nconditions than set forth in this section (in which case such separate signed agreement shall supersede this\nLimited Patent License), each Obligated Party in such TC hereby covenants that, upon request and subject to\nSection 11, it will grant to any OASIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual\npatent license (or an equivalent non-assertion covenant) under its Essential Claims covered by its Contribution\nObligations or Participation Obligations on fair, reasonable, and non-discriminatory terms to make, have made,\nuse, market, import, offer to sell, and sell, and to otherwise directly or indirectly distribute (a) Licensed Products\nthat implement such OASIS Standards Final Deliverable, and (b) Licensed Products that implement any Final\nMaintenance Deliverable with respect to that OASIS Standards Final Deliverable. Such license need not extend to\nfeatures of a Licensed Product that are not required to comply with the Normative Portions of such OASIS\nStandards Final Deliverable or Final Maintenance Deliverable. For the sake of clarity, the rights set forth above\ninclude the right to directly or indirectly authorize a third party to make unmodified copies of the Licensee\u2019s\nLicensed Products and to license (optionally under the third party\u2019s license) the Licensee\u2019s Licensed Products\nwithin the scope of, and subject to the terms of, the Obligated Party\u2019s license.\n\nAt the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal\nlicense to its Essential Claims (if any) covering the same OASIS Standards Final Deliverable and any such Final\nMaintenance Deliverable. Such term may require the Licensee to grant licenses to all implementers of such\ndeliverable. The Obligated Party may also include a term providing that such license may be suspended with\nrespect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any\nof the Licensee\u2019s Essential Claims covering the same OASIS Standards Final Deliverable or any such Final\nMaintenance Deliverable.\n\nLicense terms that are fair, reasonable, and non-discriminatory beyond those specifically mentioned above are\nleft to the Licensees and Obligated Parties involved.\n\n10.2 RF Mode TC Requirements\n\n10.2.1 Common\n\nFor an OASIS Standards Final Deliverable developed by an RF Mode TC, except where a Licensee has a separate,\nsigned agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and\nconditions than set forth in this section (in which case such separate signed agreement shall supersede this\nLimited Patent License), each Obligated Party in such TC hereby covenants that, upon request and subject to\nSection 11, it will grant to any OASIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual\npatent license (or an equivalent non-assertion covenant) under its Essential Claims covered by its Contribution\nObligations or Participation Obligations without payment of royalties or fees, and subject to the applicable Section\n\n10.2.2 or 10.2.3, to make, have made, use, market, import, offer to sell, and sell, and to otherwise directly or indirectly\ndistribute (a) Licensed Products that implement such OASIS Standards Final Deliverable, and (b) Licensed\nProducts that implement any Final Maintenance Deliverable with respect to that OASIS Standards Final\nDeliverable. Such license need not extend to features of a Licensed Product that are not required to comply with\nthe Normative Portions of such OASIS Standards Final Deliverable or Final Maintenance Deliverable. For the sake of\nclarity, the rights set forth above include the right to directly or indirectly authorize a third party to make\nunmodified copies of the Licensee\u2019s Licensed Products and to license (optionally under the third party\u2019s license)\nthe Licensee\u2019s Licensed Products, within the scope of, and subject to the terms of, the Obligated Party\u2019s license.\nAt the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal\nlicense to its Essential Claims (if any) covering the same OASIS Standards Final Deliverable and any such Final\nMaintenance Deliverable. Such term may require the Licensee to grant licenses to all implementers of such\ndeliverable. The Obligated Party may also include a term providing that such license may be suspended with\nrespect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any\nof the Licensee\u2019s Essential Claims covering the same OASIS Standards Final Deliverable and any such Final\nMaintenance Deliverable.\n\n10.2.2 RF on RAND Terms\n\nWith TCs operating under the RF on RAND Terms IPR Mode, license terms that are fair, reasonable, and nondiscriminatory beyond those specifically mentioned in Section 10.2.1 may also be included, and such additional\nRAND terms are left to the Licensees and Obligated Parties involved.\n\n10.2.3 RF on Limited Terms\n\nWith TCs operating under the RF on Limited Terms IPR Mode, Obligated Parties may not impose any further\nconditions or restrictions beyond those specifically mentioned in Section 10.2.1 on the use of any technology or\nintellectual property rights, or other restrictions on behavior of the Licensee, but may include reasonable,\ncustomary terms relating to operation or maintenance of the license relationship, including the following: choice\nof law and dispute resolution.\n\n10.3. Non-Assertion Mode TC Requirements\n\n10.3.1. For an OASIS Standards Final Deliverable developed by a Non-Assertion Mode TC, and any Final\nMaintenance Deliverable with respect to that OASIS Standards Final Deliverable, each Obligated Party in such TC\nhereby makes the following world-wide \u201cOASIS Non-Assertion Covenant\u201d.\nEach Obligated Party in a Non-Assertion Mode TC irrevocably covenants that, subject to Section 10.3.2 and Section\n11 of the OASIS IPR Policy, it will not assert any of its Essential Claims covered by its Contribution Obligations or\nParticipation Obligations against any OASIS Party or third party for making, having made, using, marketing,\nimporting, offering to sell, selling, and otherwise distributing Covered Products that implement an OASIS Standards\nFinal Deliverable developed by that TC and Covered Products that implement any Final Maintenance Deliverable\nwith respect to that OASIS Standards Final Deliverable.\n\n10.3.2. The covenant described in Section 10.3.1 may be suspended or revoked by the Obligated Party with respect\nto any OASIS Party or third party if that OASIS Party or third party asserts an Essential Claim in a suit first brought\nagainst, or attempts in writing to assert an Essential Claim against, a Beneficiary with respect to a Covered\nProduct that implements the same OASIS Standards Final Deliverable or any such Final Maintenance Deliverable.\n\n\n11. WITHDRAWAL AND TERMINATION\n\nA TC Party may withdraw from a TC at any time by notifying the OASIS TC Administrator in writing of such decision\nto withdraw. Withdrawal shall be deemed effective when such written notice is sent.\n\n11.1 Withdrawal from a Technical Committee\nA TC Party that withdraws from an OASIS Technical Committee shall have Continuing Licensing or Non-Assertion\nObligations based on its Contribution Obligations and Participation Obligations as follows:\n\n1. A TC Party that has incurred neither a Contribution Obligation nor a Participation Obligation prior to\nwithdrawal has no licensing or non-assertion obligations for OASIS Standards Final Deliverable(s)\noriginating from that OASIS TC.\n\n2. A TC Party that has incurred a Contribution Obligation prior to withdrawal continues to be subject to its\nContribution Obligation.\n\n3. A TC Party that has incurred a Participation Obligation prior to withdrawal continues to be subject to its\nParticipation Obligation but only with respect to OASIS Standards Draft Deliverable(s) approved more than\nseven (7) calendar days prior to its withdrawal.\n\n11.2 Termination of an OASIS Membership\nAn OASIS Party that terminates its OASIS membership (voluntarily or involuntarily) is deemed to withdraw from all\nTCs in which that OASIS Party has TC Member(s) representing it, and such OASIS Party remains subject to\nContinuing Licensing or Non-Assertion Obligations for each such TC based on its Obligated Party status in that TC\non the date that its membership termination becomes effective.\n\n\n12. LIMITATIONS OF LIABILITY\n\nAll OASIS Deliverables are provided \u201cas is\u201d, without warranty of any kind, express or implied, and OASIS, as well as\nall OASIS Parties and TC Members, expressly disclaim any warranty of merchantability, fitness for a particular or\nintended purpose, accuracy, completeness, non-infringement of third party rights, or any other warranty.\nIn no event shall OASIS or any of its constituent parts (including, but not limited to, the OASIS Board of Directors),\nbe liable to any other person or entity for any loss of profits, loss of use, direct, indirect, incidental, consequential,\npunitive, or special damages, whether under contract, tort, warranty, or otherwise, arising in any way out of this\nPolicy, whether or not such party had advance notice of the possibility of such damages.\nIn addition, except for grossly negligent or intentionally fraudulent acts, OASIS Parties and TC Members (or their\nrepresentatives), shall not be liable to any other person or entity for any loss of profits, loss of use, direct, indirect,\nincidental, consequential, punitive, or special damages, whether under contract, tort, warranty, or otherwise,\narising in any way out of this Policy, whether or not such party had advance notice of the possibility of such\ndamages.\nOASIS assumes no responsibility to compile, confirm, update or make public any assertions of Essential Claims or\nother intellectual property rights that might be infringed by an implementation of an OASIS Deliverable.\nIf OASIS at any time refers to any such assertions by any owner of such claims, OASIS takes no position as to the\nvalidity or invalidity of such assertions, or that all such assertions that have or may be made have been referred\nto.\n\n\n13. GENERAL\n\n13.1. By ratifying this document, OASIS warrants that it will not inhibit the traditional open and free access to OASIS\ndocuments for which license and right have been assigned or obtained according to the procedures set forth in\nthis section. This warranty is perpetual and will not be revoked by OASIS or its successors or assigns as to any\nalready adopted OASIS Standards Final Deliverable; provided, however, that neither OASIS nor its assigns shall be\nobligated to:\n\n1. 13.1.1. Perpetually maintain its existence; nor\n\n2. 13.1.2. Provide for the perpetual existence of a website or other public means of accessing OASIS Standards\nFinal Deliverables; nor\n\n3. 13.1.3. Maintain the public availability of any given OASIS Standards Final Deliverable that has been retired or\nsuperseded, or which is no longer being actively utilized in the marketplace.\n\n13.2. Where any copyrights, trademarks, patents, patent applications, or other proprietary rights are known, or\nclaimed, with respect to any OASIS Deliverable and are formally brought to the attention of the OASIS TC\nAdministrator, OASIS shall consider appropriate action, which may include disclosure of the existence of such\nrights, or claimed rights. The OASIS Technical Committee Process shall prescribe the method for providing this\ninformation.\n\n1. 13.2.1. OASIS disclaims any responsibility for identifying the existence of or for evaluating the applicability of\nany claimed copyrights, trademarks, patents, patent applications, or other rights, and will make no\nassurances on the validity or scope of any such rights.\n\n2. 13.2.2. Where the OASIS TC Administrator is formally notified of rights, or claimed rights under Section 8.8 with\nrespect to entities other than Obligated Parties, the OASIS President shall attempt to obtain from the\nclaimant of such rights a written assurance that any Licensee will be able to obtain the right to utilize, use,\nand distribute the technology or works when implementing, using, or distributing technology based upon\nthe specific OASIS Standards Final Deliverable (or, in the case of an OASIS Standards Draft Deliverable, that\nany Licensee will then be able to obtain such a right) under terms that are consistent with this Policy. All\nsuch information will be made available to the TC that produced such deliverable, but the failure to obtain\nsuch written assurance shall not prevent votes from being conducted, except that the OASIS TC\nAdministrator may defer approval for a reasonable period of time where a delay may facilitate the\nobtaining of such assurances. The results will, however, be recorded by the OASIS TC Administrator, and\nmade available to the public. The OASIS Board of Directors may also direct that a summary of the results be\nincluded in any published OASIS Standards Final Deliverable.\n\n3. 13.2.3. Except for the rights expressly provided herein, neither OASIS nor any OASIS Party grants or receives, by\nimplication, estoppel, or otherwise, any rights under any patents or other intellectual property rights of the\nOASIS Party, OASIS, any other OASIS Party, or any third party.\n\n13.3. Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy Code, and any equivalent law in any\nforeign jurisdiction, the promises under Section 10 will be treated as if they were a license and any OASIS Party or\nthird-party may elect to retain its rights under this promise if Obligated Party, as a debtor in possession, or a\nbankruptcy trustee in a case under the United States Bankruptcy Code, rejects any obligations stated in Section\n10.\n\n\n14. Required Notice\n\n14.1 Documents\nAny OASIS Deliverable shall include the following notices replacing [copyright year] with the year or range of years\nof publication (bracketed language, other than the date, need only appear in OASIS Standards Final Deliverable\ndocuments):\n\nCopyright \u00a9 OASIS Open [copyright year]. All Rights Reserved.\nAll capitalized terms in the following text have the meanings assigned to them in the OASIS Intellectual Property\n\nRights Policy (the \"OASIS IPR Policy\"). The full Policy may be found at the OASIS website: [http://www.oasisopen.org/policies-guidelines/ipr]\nThis document and translations of it may be copied and furnished to others, and derivative works that comment\non or otherwise explain it or assist in its implementation may be prepared, copied, published, and distributed, in\nwhole or in part, without restriction of any kind, provided that the above copyright notice and this section are\nincluded on all such copies and derivative works. However, this document itself may not be modified in any way,\nincluding by removing the copyright notice or references to OASIS, except as needed for the purpose of\ndeveloping any document or deliverable produced by an OASIS Technical Committee (in which case the rules\napplicable to copyrights, as set forth in the OASIS IPR Policy, must be followed) or as required to translate it into\nlanguages other than English.\nThe limited permissions granted above are perpetual and will not be revoked by OASIS or its successors or\nassigns.\nThis document and the information contained herein is provided on an \u201cAS IS\u201d basis and OASIS DISCLAIMS ALL\n\nWARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE\nINFORMATION HEREIN WILL NOT INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY\nOR FITNESS FOR A PARTICULAR PURPOSE. OASIS AND ITS MEMBERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,\nSPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS DOCUMENT OR ANY PART THEREOF.\n\n[OASIS requests that any OASIS Party or any other party that believes it has patent claims that would necessarily\nbe infringed by implementations of this OASIS Standards Final Deliverable, to notify OASIS TC Administrator and\nprovide an indication of its willingness to grant patent licenses to such patent claims in a manner consistent with\nthe IPR Mode of the OASIS Technical Committee that produced this deliverable.]\n[OASIS invites any party to contact the OASIS TC Administrator if it is aware of a claim of ownership of any patent\nclaims that would necessarily be infringed by implementations of this OASIS Standards Final Deliverable by a\npatent holder that is not willing to provide a license to such patent claims in a manner consistent with the IPR\nMode of the OASIS Technical Committee that produced this OASIS Standards Final Deliverable. OASIS may include\nsuch claims on its website, but disclaims any obligation to do so.]\n\n[OASIS takes no position regarding the validity or scope of any intellectual property or other rights that might be\nclaimed to pertain to the implementation or use of the technology described in this OASIS Standards Final\nDeliverable or the extent to which any license under such rights might or might not be available; neither does it\nrepresent that it has made any effort to identify any such rights. Information on OASIS\u2019 procedures with respect\nto rights in any document or deliverable produced by an OASIS Technical Committee can be found on the OASIS\nwebsite. Copies of claims of rights made available for publication and any assurances of licenses to be made\navailable, or the result of an attempt made to obtain a general license or permission for the use of such\nproprietary rights by implementers or users of this OASIS Standards Final Deliverable, can be obtained from the\nOASIS TC Administrator. OASIS makes no representation that any information or list of intellectual property rights\nwill at any time be complete, or that any claims in such list are, in fact, Essential Claims.]\n\n\n14.2 Alternative Notice\n\nOther OASIS Deliverables that are primarily intended for machine rather than human consumption and whose\nformat requires terse expression may, as an alternative to Section 14.1, include just the short-form notice as follows\nreplacing [copyright year] with the year or year range of publication:\nCopyright \u00a9 OASIS Open [copyright year]. All Rights Reserved.\nDistributed under the terms of the OASIS IPR Policy, [http://www.oasis-open.org/policies-guidelines/ipr], AS-IS,\nWITHOUT ANY IMPLIED OR EXPRESS WARRANTY; there is no warranty of MERCHANTABILITY, FITNESS FOR A PARTICULAR\nPURPOSE or NONINFRINGEMENT of the rights of others.\n\n14.3 Additional Copyright Notices\n\nAdditional copyright notices identifying Contributors may also be included with the OASIS copyright notice.\n\n\nAppendix A. Feedback License\n\nThe \"OASIS ___________ Technical Committee\" is developing technology (the \"OASIS ____________\nDeliverable\") as defined by its charter and welcomes input, suggestions and other feedback (\"Feedback\") on the\nOASIS ____________ Deliverable. By the act of submitting, you (on behalf of yourself if you are an individual,\nand your organization and its Affiliates if you are providing Feedback on behalf of that organization) agree to the\nfollowing terms (all capitalized terms are defined in the OASIS Intellectual Property Rights (\"IPR\") Policy, see\nhttp://www.oasis-open.org/who/intellectualproperty.php):\n\n1. Copyright \u2013 You (and your represented organization and its Affiliates) grant to OASIS a perpetual,\nirrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to directly and indirectly\nsublicense, to copy, publish, and distribute the Feedback in any way, and to prepare derivative works that\nare based on or incorporate all or part of the Feedback, solely for the purpose of developing and promoting\nthe OASIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries.\n\n2. Essential Claims \u2013 You covenant to grant a patent license or offer an OASIS Non-Assertion Covenant as\nappropriate under any patent claims that you (or your represented organization or its Affiliates) own or\ncontrol that become Essential Claims because of the incorporation of such Feedback into the OASIS\nStandards Final Deliverable, and any Final Maintenance Deliverable with respect to that OASIS Standards\nFinal Deliverable, on terms consistent with Section 10 of the OASIS IPR Policy for the IPR Mode specified in the\ncharter of this OASIS Technical Committee.\n\n3. Right to Provide \u2013 You warrant to the best of your knowledge that you have rights to provide this Feedback,\nand if you are providing Feedback on behalf of an organization, you warrant that you have the rights to\nprovide Feedback on behalf of your organization and to bind your organization and its Affiliates to the\nlicensing or non-assertion obligations provided above.\n\n4. Confidentiality \u2013 You further warrant that no information in this Feedback is confidential, and that OASIS\nmay freely disclose any information in the Feedback.\n\n5. No requirement to Use \u2013 You also acknowledge that OASIS is not required to incorporate your Feedback into\nany version of this OASIS Deliverable.\nAssent of Feedback Provider: By: _________________________ (Signature) Name:\n_______________________ Title: ________________________ Organization: ________________\nDate: ________________________ Email: _______________________\n\nAppendix B. Copyright License Grant\n\nThe undersigned, on its own behalf and on behalf of its represented organization and its Affiliates, if any, with\nrespect to their collective copyright ownership rights in the Contribution \"__________________,\" grants to\nOASIS a perpetual, irrevocable, non-exclusive, royalty-free, world-wide copyright license, with the right to directly\nand indirectly sublicense, to copy, publish, and distribute the Contribution in any way, and to prepare derivative\nworks that are based on or incorporate all or part of the Contribution solely for the purpose of developing and\npromoting the OASIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries (all\nabove capitalized terms are defined in the OASIS Intellectual Property Rights (\"IPR\") Policy, see http://www.oasisopen.org/who/intellectualproperty.php).\n\nAssent of the Undersigned: By: __________________________ (Signature) Name:\n_______________________ Title: ________________________ Organization: ________________\nDate: ________________________ Email: _______________________\n\nHistorical revisions of this policy\nApproved 07/31/2013\nIntellectual Property Rights (IPR) Policy\n\nApproved 05/02/2012\nIntellectual Property Rights (IPR) Policy (2 May 2012)\n\nApproved 05/02/2012\nIntellectual Property Rights (IPR) Policy (21 June 2012)\n\nApproved 07/28/2010\nIntellectual Property Rights (IPR) Policy (28 July 2010)\n\nApproved 05/19/2009\nIPR (19 May 2009)"
}