|
| 1 | +Community Specification License 1.0 |
| 2 | + |
| 3 | +The Purpose of this License. This License sets forth the terms under which |
| 4 | +1) Contributor will participate in and contribute to the development |
| 5 | +of specifications, standards, best practices, guidelines, and other |
| 6 | +similar materials under this Working Group, and 2) how the materials |
| 7 | +developed under this License may be used. It is not intended for source |
| 8 | +code. Capitalized terms are defined in the License’s last section. |
| 9 | + |
| 10 | +1. Copyright. |
| 11 | + |
| 12 | +1.1. Copyright License. Contributor grants everyone a non-sublicensable, |
| 13 | +perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
| 14 | +(except as expressly stated in this License) copyright license, without |
| 15 | +any obligation for accounting, to reproduce, prepare derivative works |
| 16 | +of, publicly display, publicly perform, and distribute any materials |
| 17 | +it submits to the full extent of its copyright interest in those |
| 18 | +materials. Contributor also acknowledges that the Working Group may |
| 19 | +exercise copyright rights in the Specification, including the rights to |
| 20 | +submit the Specification to another standards organization. |
| 21 | + |
| 22 | +1.2. Copyright Attribution. As a condition, anyone exercising this |
| 23 | +copyright license must include attribution to the Working Group in any |
| 24 | +derivative work based on materials developed by the Working Group. |
| 25 | +That attribution must include, at minimum, the material’s name, |
| 26 | +version number, and source from where the materials were retrieved. |
| 27 | +Attribution is not required for implementations of the Specification. |
| 28 | + |
| 29 | +2. Patents. |
| 30 | + |
| 31 | +2.1. Patent License. |
| 32 | + |
| 33 | +2.1.1. As a Result of Contributions. |
| 34 | + |
| 35 | +2.1.1.1. As a Result of Contributions to Draft Specifications. |
| 36 | +Contributor grants Licensee a non-sublicensable, perpetual, worldwide, |
| 37 | +non-exclusive, no-charge, royalty-free, irrevocable (except as |
| 38 | +expressly stated in this License) license to its Necessary Claims in 1) |
| 39 | +Contributor’s Contributions and 2) to the Draft Specification that |
| 40 | +is within Scope as of the date of that Contribution, in both cases for |
| 41 | +Licensee’s Implementation of the Draft Specification, except for those |
| 42 | +patent claims excluded by Contributor under Section 3. |
| 43 | + |
| 44 | +2.1.1.2. For Approved Specifications. Contributor grants Licensee a |
| 45 | +non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, |
| 46 | +royalty-free, irrevocable (except as expressly stated in this License) |
| 47 | +license to its Necessary Claims included the Approved Specification |
| 48 | +that are within Scope for Licensee’s Implementation of the Approved |
| 49 | +Specification, except for those patent claims excluded by Contributor |
| 50 | +under Section 3. |
| 51 | + |
| 52 | +2.1.2. Patent Grant from Licensee. Licensee grants each other Licensee |
| 53 | +a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, |
| 54 | +royalty-free, irrevocable (except as expressly stated in this License) |
| 55 | +license to its Necessary Claims for its Implementation, except for those |
| 56 | +patent claims excluded under Section 3. |
| 57 | + |
| 58 | +2.1.3. Licensee Acceptance. The patent grants set forth in Section 2.1 |
| 59 | +extend only to Licensees that have indicated their agreement to this |
| 60 | +License as follows: |
| 61 | + |
| 62 | +2.1.3.1. Source Code Distributions. For distribution in source code, |
| 63 | +by including this License in the root directory of the source code with |
| 64 | +the Implementation; |
| 65 | + |
| 66 | +2.1.3.2. Non-Source Code Distributions. For distribution in any form |
| 67 | +other than source code, by including this License in the documentation, |
| 68 | +legal notices, via notice in the software, and/or other written materials |
| 69 | +provided with the Implementation; or |
| 70 | + |
| 71 | +2.1.3.3. Via Notices.md. By issuing pull request or commit to the |
| 72 | +Specification’s repository’s Notices.md file by the Implementer’s |
| 73 | +authorized representative, including the Implementer’s name, authorized |
| 74 | +individual and system identifier, and Specification version. |
| 75 | + |
| 76 | +2.1.4. Defensive Termination. If any Licensee files or maintains a |
| 77 | +claim in a court asserting that a Necessary Claim is infringed by an |
| 78 | +Implementation, any licenses granted under this License to the Licensee |
| 79 | +are immediately terminated unless 1) that claim is directly in response |
| 80 | +to a claim against Licensee regarding an Implementation, or 2) that claim |
| 81 | +was brought to enforce the terms of this License, including intervention |
| 82 | +in a third-party action by a Licensee. |
| 83 | + |
| 84 | +2.1.5. Additional Conditions. This License is not an assurance (i) |
| 85 | +that any of Contributor’s copyrights or issued patent claims cover |
| 86 | +an Implementation of the Specification or are enforceable or (ii) that |
| 87 | +an Implementation of the Specification would not infringe intellectual |
| 88 | +property rights of any third party. |
| 89 | + |
| 90 | +2.2. Patent Licensing Commitment. In addition to the rights granted |
| 91 | +in Section 2.1, Contributor agrees to grant everyone a no charge, |
| 92 | +royalty-free license on reasonable and non-discriminatory terms |
| 93 | +to Contributor’s Necessary Claims that are within Scope for: |
| 94 | +1) Implementations of a Draft Specification, where such license |
| 95 | +applies only to those Necessary Claims infringed by implementing |
| 96 | +Contributor's Contribution(s) included in that Draft Specification, |
| 97 | +and 2) Implementations of the Approved Specification. |
| 98 | + |
| 99 | +This patent licensing commitment does not apply to those claims subject |
| 100 | +to Contributor’s Exclusion Notice under Section 3. |
| 101 | + |
| 102 | +2.3. Effect of Withdrawal. Contributor may withdraw from the Working Group |
| 103 | +by issuing a pull request or commit providing notice of withdrawal to |
| 104 | +the Working Group repository’s Notices.md file. All of Contributor’s |
| 105 | +existing commitments and obligations with respect to the Working Group |
| 106 | +up to the date of that withdrawal notice will remain in effect, but no |
| 107 | +new obligations will be incurred. |
| 108 | + |
| 109 | +2.4. Binding Encumbrance. This License is binding on any future owner, |
| 110 | +assignee, or party who has been given the right to enforce any Necessary |
| 111 | +Claims against third parties. |
| 112 | + |
| 113 | +3. Patent Exclusion. |
| 114 | + |
| 115 | +3.1. As a Result of Contributions. Contributor may exclude Necessary |
| 116 | +Claims from its licensing commitments incurred under Section 2.1.1 |
| 117 | +by issuing an Exclusion Notice within 45 days of the date of that |
| 118 | +Contribution. Contributor may not issue an Exclusion Notice for any |
| 119 | +material that has been included in a Draft Deliverable for more than 45 |
| 120 | +days prior to the date of that Contribution. |
| 121 | + |
| 122 | +3.2. As a Result of a Draft Specification Becoming an Approved |
| 123 | +Specification. Prior to the adoption of a Draft Specification as an |
| 124 | +Approved Specification, Contributor may exclude Necessary Claims from |
| 125 | +its licensing commitments under this Agreement by issuing an Exclusion |
| 126 | +Notice. Contributor may not issue an Exclusion Notice for patents that |
| 127 | +were eligible to have been excluded pursuant to Section 3.1. |
| 128 | + |
| 129 | +4. Source Code License. Any source code developed by the Working Group is |
| 130 | +solely subject the source code license included in the Working Group’s |
| 131 | +repository for that code. If no source code license is included, the |
| 132 | +source code will be subject to the MIT License. |
| 133 | + |
| 134 | +5. No Other Rights. Except as specifically set forth in this License, no |
| 135 | +other express or implied patent, trademark, copyright, or other rights are |
| 136 | +granted under this License, including by implication, waiver, or estoppel. |
| 137 | + |
| 138 | +6. Antitrust Compliance. Contributor acknowledge that it may compete |
| 139 | +with other participants in various lines of business and that it is |
| 140 | +therefore imperative that they and their respective representatives |
| 141 | +act in a manner that does not violate any applicable antitrust laws and |
| 142 | +regulations. This License does not restrict any Contributor from engaging |
| 143 | +in similar specification development projects. Each Contributor may |
| 144 | +design, develop, manufacture, acquire or market competitive deliverables, |
| 145 | +products, and services, and conduct its business, in whatever way it |
| 146 | +chooses. No Contributor is obligated to announce or market any products |
| 147 | +or services. Without limiting the generality of the foregoing, the |
| 148 | +Contributors agree not to have any discussion relating to any product |
| 149 | +pricing, methods or channels of product distribution, division of markets, |
| 150 | +allocation of customers or any other topic that should not be discussed |
| 151 | +among competitors under the auspices of the Working Group. |
| 152 | + |
| 153 | +7. Non-Circumvention. Contributor agrees that it will not intentionally |
| 154 | +take or willfully assist any third party to take any action for the |
| 155 | +purpose of circumventing any obligations under this License. |
| 156 | + |
| 157 | +8. Representations, Warranties and Disclaimers. |
| 158 | + |
| 159 | +8.1. Representations, Warranties and Disclaimers. Contributor and Licensee |
| 160 | +represents and warrants that 1) it is legally entitled to grant the |
| 161 | +rights set forth in this License and 2) it will not intentionally include |
| 162 | +any third party materials in any Contribution unless those materials are |
| 163 | +available under terms that do not conflict with this License. IN ALL OTHER |
| 164 | +RESPECTS ITS CONTRIBUTIONS ARE PROVIDED "AS IS." The entire risk as to |
| 165 | +implementing or otherwise using the Contribution or the Specification |
| 166 | +is assumed by the implementer and user. Except as stated herein, |
| 167 | +CONTRIBUTOR AND LICENSEE EXPRESSLY DISCLAIM ANY WARRANTIES (EXPRESS, |
| 168 | +IMPLIED, OR OTHERWISE), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, |
| 169 | +NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF QUALITY, |
| 170 | +OR TITLE, RELATED TO THE CONTRIBUTION OR THE SPECIFICATION. IN NO EVENT |
| 171 | +WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY |
| 172 | +FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF |
| 173 | +ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO |
| 174 | +THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING |
| 175 | +NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN |
| 176 | +ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Any obligations regarding |
| 177 | +the transfer, successors in interest, or assignment of Necessary Claims |
| 178 | +will be satisfied if Contributor or Licensee notifies the transferee |
| 179 | +or assignee of any patent that it knows contains Necessary Claims or |
| 180 | +necessary claims under this License. Nothing in this License requires |
| 181 | +Contributor to undertake a patent search. If Contributor is 1) employed by |
| 182 | +or acting on behalf of an employer, 2) is making a Contribution under the |
| 183 | +direction or control of a third party, or 3) is making the Contribution |
| 184 | +as a consultant, contractor, or under another similar relationship with |
| 185 | +a third party, Contributor represents that they have been authorized by |
| 186 | +that party to enter into this License on its behalf. |
| 187 | + |
| 188 | +8.2. Distribution Disclaimer. Any distributions of technical |
| 189 | +information to third parties must include a notice materially similar |
| 190 | +to the following: “THESE MATERIALS ARE PROVIDED “AS IS.” The |
| 191 | +Contributors and Licensees expressly disclaim any warranties (express, |
| 192 | +implied, or otherwise), including implied warranties of merchantability, |
| 193 | +non-infringement, fitness for a particular purpose, or title, related to |
| 194 | +the materials. The entire risk as to implementing or otherwise using the |
| 195 | +materials is assumed by the implementer and user. IN NO EVENT WILL THE |
| 196 | +CONTRIBUTORS OR LICENSEES BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS |
| 197 | +OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
| 198 | +OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO |
| 199 | +THIS DELIVERABLE OR ITS GOVERNING AGREEMENT, WHETHER BASED ON BREACH OF |
| 200 | +CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT |
| 201 | +THE OTHER MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.” |
| 202 | + |
| 203 | +9. Definitions. |
| 204 | + |
| 205 | +9.1. Affiliate. “Affiliate” means an entity that directly or |
| 206 | +indirectly Controls, is Controlled by, or is under common Control of |
| 207 | +that party. |
| 208 | + |
| 209 | +9.2. Approved Specification. “Approved Specification” means the final |
| 210 | +version and contents of any Draft Specification designated as an Approved |
| 211 | +Specification as set forth in the accompanying Governance.md file. |
| 212 | + |
| 213 | +9.3. Contribution. “Contribution” means any original work of |
| 214 | +authorship, including any modifications or additions to an existing |
| 215 | +work, that Contributor submits for inclusion in a Draft Specification, |
| 216 | +which is included in a Draft Specification or Approved Specification. |
| 217 | + |
| 218 | +9.4. Contributor. “Contributor” means any person or entity that has |
| 219 | +indicated its acceptance of the License 1) by making a Contribution to |
| 220 | +the Specification, or 2) by entering into the Community Specification |
| 221 | +Contributor License Agreement for the Specification. Contributor includes |
| 222 | +its Affiliates, assigns, agents, and successors in interest. |
| 223 | + |
| 224 | +9.5. Control. “Control” means direct or indirect control of more |
| 225 | +than 50% of the voting power to elect directors of that corporation, |
| 226 | +or for any other entity, the power to direct management of such entity. |
| 227 | + |
| 228 | +9.6. Draft Specification. “Draft Specification” means all versions |
| 229 | +of the material (except an Approved Specification) developed by this |
| 230 | +Working Group for the purpose of creating, commenting on, revising, |
| 231 | +updating, modifying, or adding to any document that is to be considered |
| 232 | +for inclusion in the Approved Specification. |
| 233 | + |
| 234 | +9.7. Exclusion Notice. “Exclusion Notice” means a written notice |
| 235 | +made by making a pull request or commit to the repository’s Notices.md |
| 236 | +file that identifies patents that Contributor is excluding from its |
| 237 | +patent licensing commitments under this License. The Exclusion Notice |
| 238 | +for issued patents and published applications must include the Draft |
| 239 | +Specification’s name, patent number(s) or title and application |
| 240 | +number(s), as the case may be, for each of the issued patent(s) or |
| 241 | +pending patent application(s) that the Contributor is excluding from the |
| 242 | +royalty-free licensing commitment set forth in this License. If an issued |
| 243 | +patent or pending patent application that may contain Necessary Claims |
| 244 | +is not set forth in the Exclusion Notice, those Necessary Claims shall |
| 245 | +continue to be subject to the licensing commitments under this License. |
| 246 | +The Exclusion Notice for unpublished patent applications must provide |
| 247 | +either: (i) the text of the filed application; or (ii) identification |
| 248 | +of the specific part(s) of the Draft Specification whose implementation |
| 249 | +makes the excluded claim a Necessary Claim. If (ii) is chosen, the |
| 250 | +effect of the exclusion will be limited to the identified part(s) of |
| 251 | +the Draft Specification. |
| 252 | + |
| 253 | +9.8. Implementation. “Implementation” means making, using, selling, |
| 254 | +offering for sale, importing or distributing any implementation of the |
| 255 | +Specification 1) only to the extent it implements the Specification and 2) |
| 256 | +so long as all required portions of the Specification are implemented. |
| 257 | + |
| 258 | +9.9. License. “License” means this Community Specification License. |
| 259 | + |
| 260 | +9.10. Licensee. “Licensee” means any person or entity that has |
| 261 | +indicated its acceptance of the License as set forth in Section 2.1.3. |
| 262 | +Licensee includes its Affiliates, assigns, agents, and successors in |
| 263 | +interest. |
| 264 | + |
| 265 | +9.11. Necessary Claims. “Necessary Claims” are those patent claims, if |
| 266 | +any, that a party owns or controls, including those claims later acquired, |
| 267 | +that are necessary to implement the required portions (including the |
| 268 | +required elements of optional portions) of the Specification that are |
| 269 | +described in detail and not merely referenced in the Specification. |
| 270 | + |
| 271 | +9.12. Specification. “Specification” means a Draft Specification |
| 272 | +or Approved Specification included in the Working Group’s repository |
| 273 | +subject to this License, and the version of the Specification implemented |
| 274 | +by the Licensee. |
| 275 | + |
| 276 | +9.13. Scope. “Scope” has the meaning as set forth in the accompanying |
| 277 | +Scope.md file included in this Specification’s repository. Changes |
| 278 | +to Scope do not apply retroactively. If no Scope is provided, each |
| 279 | +Contributor’s Necessary Claims are limited to that Contributor’s |
| 280 | +Contributions. |
| 281 | + |
| 282 | +9.14. Working Group. “Working Group” means this project to develop |
| 283 | +specifications, standards, best practices, guidelines, and other similar |
| 284 | +materials under this License. |
| 285 | + |
| 286 | + |
| 287 | + |
| 288 | +The text of this Community Specification License is Copyright 2020 |
| 289 | +Joint Development Foundation and is licensed under the Creative |
| 290 | +Commons Attribution 4.0 International License available at |
| 291 | +https://creativecommons.org/licenses/by/4.0/. |
| 292 | + |
| 293 | +SPDX-License-Identifier: CC-BY-4.0 |
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