AdvCIS: IPR RF on RAND Policy

IPR Policy Royalty Free RAND

Open Consent Group LICENSING REQUIREMENTS these are subject to
[AdvCIS Licensed to Non-Assert Covenant IPR ]
[OCG IPR Policy is to ensure an open license, with appropriate providence and attribution protected by the AdvCIS – Community]

RAND Mode GC Requirements

This Governance Committee (GC) a committee that supports Notice an Consent Standards working groups to ensure and protect the providence of governance standards inputs. Where a Standard is a Final Deliverable developed by a RAND Mode GC at the Open Consent Group (OCG), except where a Licensee has a separate, signed agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and conditions than set forth in this section (in which case such separate signed agreement shall supersede this Limited License), each Obligated Party in such GC hereby covenants that, upon request and subject to Section 11, it will grant to any AdvCIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual license under its Essential Claims covered by its Contribution Obligations or Participation Obligations on fair, reasonable, and non-discriminatory terms to make, have made, use, market, import, offer to sell, and sell, and to otherwise directly or indirectly distribute (a) Licensed Products that implement such an AdvCIS Standards Final Deliverable, and (b) Licensed Products that implement any Final Maintenance Deliverable with respect to an AdvCIS Community of Standards Final Deliverable. Such license need not extend to features of a Licensed Product that are not required to comply with the Normative Portions of such AdvCIS Standards Final Deliverable or Final Maintenance Deliverable. For the sake of clarity, the rights set forth above include the right to directly or indirectly authorize a third party to make unmodified copies of the Licensee’s Licensed Products and to license (optionally under the third party’s license) the Licensee’s Licensed Products within the scope of, and subject to the terms of, the Obligated Party’s license.

At the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal license to its Essential Claims (if any) covering the same Standards Final Deliverable and any such Final Maintenance Deliverable. Such term may require the Licensee to grant licenses to all implementers of such deliverable. The Obligated Party may also include a term providing that such license may be suspended with respect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any of the Licensee’s Essential Claims covering the same Standards Final Deliverable or any such Final Maintenance Deliverable.

License terms that are fair, reasonable, and non-discriminatory beyond those specifically mentioned above are left to the Licensees and Obligated Parties involved.

RF Mode GC Requirement

RF on RAND Terms

With GCs operating under the RF on RAND Terms IPR Mode, license terms that are fair, reasonable, and non-discriminatory beyond those specifically mentioned in this Section may also be included, and such additional RAND terms are left to the Licensees and Obligated Parties involved.

Common

For an OCG Standards Final Deliverable developed by an RF Mode GC, except where a Licensee has a separate, signed agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and conditions than set forth in this section (in which case such separate signed agreement shall supersede this Limited License), each Obligated Party in such GC hereby covenants that, upon request and subject to Section 11, it will grant to OCG Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual license (or an equivalent non-assertion covenant) under its Essential Claims covered by its Contribution Obligations or Participation Obligations without payment of royalties or fees, and subject to the applicable Sections appended, to make, have made, use, market, import, offer to sell, and sell, and to otherwise directly or indirectly distribute (a) Licensed Products that implement such OCG Standards Final Deliverable, and (b) Licensed Products that implement any Final Maintenance Deliverable with respect to that OCG Standards Final Deliverable. Such license need not extend to features of a Licensed Product that are not required to comply with the Normative Portions of such OCG Standards Final Deliverable or Final Maintenance Deliverable. For the sake of clarity, the rights set forth above include the right to directly or indirectly authorize a third party to make unmodified copies of the Licensee’s Licensed Products and to license (optionally under the third party’s license) the Licensee’s Licensed Products, within the scope of, and subject to the terms of, the Obligated Party’s license.

At the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal license to its Essential Claims (if any) covering the same OCG Standards Final Deliverable and any such Final Maintenance Deliverable. Such terms may require the Licensee to grant licenses to all implementers of such deliverable. The Obligated Party may also include a term providing that such license may be suspended with respect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any of the Licensee’s Essential Claims covering the same OCG Standards Final Deliverable and any such Final Maintenance Deliverable.

RF on RAND Terms

With GCs operating under the RF on RAND Terms IPR Mode, license terms that are fair, reasonable, and non-discriminatory beyond those specifically mentioned in Section 10.2.1 may also be included, and such additional RAND terms are left to the Licensees and Obligated Parties involved.