The Open Consent Group Intellectual Property Rights Policy is RandRF and it is used to protect the providence of Decentralised Governance standards so that the WG’s contributing can use the outputs of the standards as inputs to current standards works streams
Current Standards WorkStream:
- Consent Receipt V2
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.
WITHDRAWAL AND TERMINATION
An AdvCIS GC Party may withdraw from a GC at any time by notifying the ADVCIS GC Administrator in writing of such decision to withdraw. Withdrawal shall be deemed effective when such written notice is sent.
11.1 Withdrawal from a Governance Committee
A GC Party that withdraws from an ADVCIS Technical Committee shall have Continuing Licensing or Non-Assertion Obligations based on its Contribution Obligations and Participation Obligations as follows:
1. A GC Party that has incurred neither a Contribution Obligation nor a Participation Obligation prior to withdrawal has no licensing or non-assertion obligations for ADVCIS Standards Final Deliverable(s) originating from that ADVCIS GC.
2. A GC Party that has incurred a Contribution Obligation prior to withdrawal continues to be subject to its Contribution Obligation.
3. A GC Party that has incurred a Participation Obligation prior to withdrawal continues to be subject to its Participation Obligation but only with respect to ADVCIS Standards Draft Deliverable(s) approved more than seven (7) calendar days prior to its withdrawal.
11.2 Termination of an ADVCIS Membership
An ADVCIS Party that terminates its ADVCIS membership (voluntarily or involuntarily) is deemed to withdraw from all GCs in which that ADVCIS Party has GC Member(s) representing it, and such ADVCIS Party remains subject to Continuing Licensing or Non-Assertion Obligations for each such GC based on its Obligated Party status in that GC on the date that its membership termination becomes effective.
12. LIMITATIONS OF LIABILITY
All ADVCIS Deliverables are provided “as is”, without warranty of any kind, express or implied, and ADVCIS, as well as all ADVCIS Parties and GC Members, expressly disclaim any warranty of merchantability, fitness for a particular or intended purpose, accuracy, completeness, non-infringement of third party rights, or any other warranty.
In no event shall ADVCIS or any of its constituent parts (including, but not limited to, the ADVCIS Board of Directors), be liable to any other person or entity for any loss of profits, loss of use, direct, indirect, incidental, consequential, punitive, or special damages, whether under contract, tort, warranty, or otherwise, arising in any way out of this Policy, whether or not such party had advance notice of the possibility of such damages.
In addition, except for grossly negligent or intentionally fraudulent acts, ADVCIS Parties and GC Members (or their representatives), shall not be liable to any other person or entity for any loss of profits, loss of use, direct, indirect, incidental, consequential, punitive, or special damages, whether under contract, tort, warranty, or otherwise, arising in any way out of this Policy, whether or not such party had advance notice of the possibility of such damages.
ADVCIS assumes no responsibility to compile, confirm, update or make public any assertions of Essential Claims or other intellectual property rights that might be infringed by an implementation of an ADVCIS Deliverable.
If ADVCIS at any time refers to any such assertions by any owner of such claims, ADVCIS takes no position as to the validity or invalidity of such assertions, or that all such assertions that have or may be made have been referred to.
13.1. By ratifying this document, ADVCIS warrants that it will not inhibit the traditional open and free access to ADVCIS documents for which license and right have been assigned or obtained according to the procedures set forth in this section. This warranty is perpetual and will not be revoked by ADVCIS or its successors or assigns as to any already adopted ADVCIS Standards Final Deliverable; provided, however, that neither ADVCIS nor its assigns shall be obligated to:
1. 13.1.1. Perpetually maintain its existence; nor
2. 13.1.2. Provide for the perpetual existence of a website or other public means of accessing ADVCIS Standards Final Deliverables; nor
3. 13.1.3. Maintain the public availability of any given ADVCIS Standards Final Deliverable that has been retired or superseded, or which is no longer being actively utilized in the marketplace.
13.2. Where any copyrights, trademarks, patents, patent applications, or other proprietary rights are known, or claimed, with respect to any ADVCIS Deliverable and are formally brought to the attention of the ADVCIS GC Administrator, ADVCIS shall consider appropriate action, which may include disclosure of the existence of such rights, or claimed rights. The ADVCIS Technical Committee Process shall prescribe the method for providing this information.
1. 13.2.1. ADVCIS disclaims any responsibility for identifying the existence of or for evaluating the applicability of any claimed copyrights, trademarks, patents, patent applications, or other rights, and will make no assurances on the validity or scope of any such rights.
2. 13.2.2. Where the ADVCIS GC Administrator is formally notified of rights, or claimed rights under Section 8.8 with respect to entities other than Obligated Parties, the ADVCIS President shall attempt to obtain from the claimant of such rights a written assurance that any Licensee will be able to obtain the right to utilize, use, and distribute the technology or works when implementing, using, or distributing technology based upon the specific ADVCIS Standards Final Deliverable (or, in the case of an ADVCIS Standards Draft Deliverable, that any Licensee will then be able to obtain such a right) under terms that are consistent with this Policy. All such information will be made available to the GC that produced such deliverable, but the failure to obtain such written assurance shall not prevent votes from being conducted, except that the ADVCIS GC Administrator may defer approval for a reasonable period of time where a delay may facilitate the obtaining of such assurances. The results will, however, be recorded by the ADVCIS GC Administrator, and made available to the public. The ADVCIS Board of Directors may also direct that a summary of the results be included in any published ADVCIS Standards Final Deliverable.
3. 13.2.3. Except for the rights expressly provided herein, neither ADVCIS nor any ADVCIS Party grants or receives, by implication, estoppel, or otherwise, any rights under any patents or other intellectual property rights of the ADVCIS Party, ADVCIS, any other ADVCIS Party, or any third party.
13.3. Solely for purposes of Section 365(n) of Title 11, United States BankrupGCy Code, and any equivalent law in any foreign jurisdiction, the promises under Section 10 will be treated as if they were a license and any ADVCIS Party or third-party may elect to retain its rights under this promise if Obligated Party, as a debtor in possession, or a bankrupGCy trustee in a case under the United States BankrupGCy Code, rejects any obligations stated in Section 10.
14. Required Notice
Any ADVCIS Deliverable shall include the following notices replacing [copyright year] with the year or range of years of publication (bracketed language, other than the date, need only appear in ADVCIS Standards Final Deliverable documents):
Copyright © ADVCIS Open . All Rights Reserved.
All capitalized terms in the following text have the meanings assigned to them in the ADVCIS Intellectual Property Rights Policy (the “ADVCIS IPR Policy”). The full Policy may be found at the ADVCIS website: http://openconsent.org/community/advanced-consented-info-sharing-ocg-ipr-terms/
This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published, and distributed, in whole or in part, without restriction of any kind, provided that the above copyright notice and this section are included on all such copies and derivative works. However, this document itself may not be modified in any way, including by removing the copyright notice or references to ADVCIS, except as needed for the purpose of developing any document or deliverable produced by an ADVCIS Technical Committee (in which case the rules applicable to copyrights, as set forth in the ADVCIS IPR Policy, must be followed) or as required to translate it into languages other than English.
The limited permissions granted above are perpetual and will not be revoked by ADVCIS or its successors or assigns.
This document and the information contained herein is provided on an “AS IS” basis and ADVCIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADVCIS AND ITS MEMBERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS DOCUMENT OR ANY PART THEREOF.
[ADVCIS requests that any ADVCIS Party or any other party that believes it has patent claims that would necessarily be infringed by implementations of this ADVCIS Standards Final Deliverable, to notify ADVCIS GC Administrator and provide an indication of its willingness to grant patent licenses to such patent claims in a manner consistent with the IPR Mode of the ADVCIS Technical Committee that produced this deliverable.]
[ADVCIS invites any party to contact the ADVCIS GC Administrator if it is aware of a claim of ownership of any patent claims that would necessarily be infringed by implementations of this ADVCIS Standards Final Deliverable by a patent holder that is not willing to provide a license to such patent claims in a manner consistent with the IPR Mode of the ADVCIS Technical Committee that produced this ADVCIS Standards Final Deliverable. ADVCIS may include such claims on its website, but disclaims any obligation to do so.]
[ADVCIS takes no position regarding the validity or scope of any intellectual property or other rights that might be claimed to pertain to the implementation or use of the technology described in this ADVCIS Standards Final Deliverable or the extent to which any license under such rights might or might not be available; neither does it represent that it has made any effort to identify any such rights. Information on ADVCIS’ procedures with respect to rights in any document or deliverable produced by an ADVCIS Technical Committee can be found on the ADVCIS website. Copies of claims of rights made available for publication and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license or permission for the use of such proprietary rights by implementers or users of this ADVCIS Standards Final Deliverable, can be obtained from the ADVCIS GC Administrator. ADVCIS makes no representation that any information or list of intellectual property rights will at any time be complete, or that any claims in such list are, in fact, Essential Claims.]
14.2 Alternative Notice
Other ADVCIS Deliverables that are primarily intended for machine rather than human consumption and whose format requires terse expression may, as an alternative to Section 14.1, include just the short-form notice as follows replacing [copyright year] with the year or year range of publication:
Copyright © ADVCIS Open 2020. All Rights Reserved.
Distributed under the terms of the ADVCIS IPR Policy, [http://openconsent.org/community/advanced-consented-info-sharing-ocg-ipr-terms/], AS-IS, WITHOUT ANY IMPLIED OR EXPRESS WARRANTY; there is no warranty of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NONINFRINGEMENT of the rights of others.
14.3 Additional Copyright Notices
Additional copyright notices identifying Contributors may also be included with the ADVCIS copyright notice.
Appendix A. Feedback License
The “ADVCIS ___________ Governance Committee” is developing technology (the “ADVCIS Consent Receipt V2__ Deliverable”) as defined by the previous Consent & Information Sharing Charter and welcomes input, suggestions and other feedback (“Feedback”) on the ADVCIS ___Consent Receipt V2______ Deliverable. By the act of submitting, you (on behalf of yourself if you are an individual, and your organization and its Affiliates if you are providing Feedback on behalf of that organization) agree to the following terms (all capitalized terms are defined in the ADVCIS Intellectual Property Rights (“IPR”) Policy, see http://www.AdvCIS-open.org/who/intellectualproperty.php):
1. Copyright – You (and your represented organization and its Affiliates) grant to ADVCIS a perpetual, irrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to directly and indirectly sublicense, to copy, publish, and distribute the Feedback in any way, and to prepare derivative works that are based on or incorporate all or part of the Feedback, solely for the purpose of developing and promoting the ADVCIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries.
2. Essential Claims – You covenant to grant a patent license or offer an ADVCIS Non-Assertion Covenant as appropriate under any patent claims that you (or your represented organization or its Affiliates) own or control that become Essential Claims because of the incorporation of such Feedback into the ADVCIS Standards Final Deliverable, and any Final Maintenance Deliverable with respect to that ADVCIS Standards Final Deliverable, on terms consistent with Section 10 of the ADVCIS IPR Policy for the IPR Mode specified in the charter of this ADVCIS Technical Committee.
3. Right to Provide – You warrant to the best of your knowledge that you have rights to provide this Feedback, and if you are providing Feedback on behalf of an organization, you warrant that you have the rights to provide Feedback on behalf of your organization and to bind your organization and its Affiliates to the licensing or non-assertion obligations provided above.
4. Confidentiality – You further warrant that no information in this Feedback is confidential, and that ADVCIS may freely disclose any information in the Feedback.
5. No requirement to Use – You also acknowledge that ADVCIS is not required to incorporate your Feedback into any version of this ADVCIS Deliverable.
Assent of Feedback Provider:
By: _________________________ (Signature)
Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
Appendix B. Copyright License Grant
The undersigned, on its own behalf and on behalf of its represented organization and its Affiliates, if any, with respect to their collective copyright ownership rights in the Contribution “__________________,” grants to ADVCIS a perpetual, irrevocable, non-exclusive, royalty-free, world-wide copyright license, with the right to directly and indirectly sublicense, to copy, publish, and distribute the Contribution in any way, and to prepare derivative works that are based on or incorporate all or part of the Contribution solely for the purpose of developing and promoting the ADVCIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries (all above capitalized terms are defined in the ADVCIS Intellectual Property Rights (“IPR”) Policy, see http://www.AdvCIS-open.org/who/intellectualproperty.php).
Assent of the Undersigned:
By: __________________________ (Signature)
Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________