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diff --git a/options/license/Community-Spec-1.0 b/options/license/Community-Spec-1.0 new file mode 100644 index 0000000..cdf7c64 --- /dev/null +++ b/options/license/Community-Spec-1.0 @@ -0,0 +1,293 @@ +Community Specification License 1.0 + +The Purpose of this License. This License sets forth the terms under which +1) Contributor will participate in and contribute to the development +of specifications, standards, best practices, guidelines, and other +similar materials under this Working Group, and 2) how the materials +developed under this License may be used. It is not intended for source +code. Capitalized terms are defined in the License’s last section. + +1. Copyright. + +1.1. Copyright License. Contributor grants everyone a non-sublicensable, +perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable +(except as expressly stated in this License) copyright license, without +any obligation for accounting, to reproduce, prepare derivative works +of, publicly display, publicly perform, and distribute any materials +it submits to the full extent of its copyright interest in those +materials. Contributor also acknowledges that the Working Group may +exercise copyright rights in the Specification, including the rights to +submit the Specification to another standards organization. + +1.2. Copyright Attribution. As a condition, anyone exercising this +copyright license must include attribution to the Working Group in any +derivative work based on materials developed by the Working Group. +That attribution must include, at minimum, the material’s name, +version number, and source from where the materials were retrieved. +Attribution is not required for implementations of the Specification. + +2. Patents. + +2.1. Patent License. + +2.1.1. As a Result of Contributions. + +2.1.1.1. As a Result of Contributions to Draft Specifications. +Contributor grants Licensee a non-sublicensable, perpetual, worldwide, +non-exclusive, no-charge, royalty-free, irrevocable (except as +expressly stated in this License) license to its Necessary Claims in 1) +Contributor’s Contributions and 2) to the Draft Specification that +is within Scope as of the date of that Contribution, in both cases for +Licensee’s Implementation of the Draft Specification, except for those +patent claims excluded by Contributor under Section 3. + +2.1.1.2. For Approved Specifications. Contributor grants Licensee a +non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, +royalty-free, irrevocable (except as expressly stated in this License) +license to its Necessary Claims included the Approved Specification +that are within Scope for Licensee’s Implementation of the Approved +Specification, except for those patent claims excluded by Contributor +under Section 3. + +2.1.2. Patent Grant from Licensee. Licensee grants each other Licensee +a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, +royalty-free, irrevocable (except as expressly stated in this License) +license to its Necessary Claims for its Implementation, except for those +patent claims excluded under Section 3. + +2.1.3. Licensee Acceptance. The patent grants set forth in Section 2.1 +extend only to Licensees that have indicated their agreement to this +License as follows: + +2.1.3.1. Source Code Distributions. For distribution in source code, +by including this License in the root directory of the source code with +the Implementation; + +2.1.3.2. Non-Source Code Distributions. For distribution in any form +other than source code, by including this License in the documentation, +legal notices, via notice in the software, and/or other written materials +provided with the Implementation; or + +2.1.3.3. Via Notices.md. By issuing pull request or commit to the +Specification’s repository’s Notices.md file by the Implementer’s +authorized representative, including the Implementer’s name, authorized +individual and system identifier, and Specification version. + +2.1.4. Defensive Termination. If any Licensee files or maintains a +claim in a court asserting that a Necessary Claim is infringed by an +Implementation, any licenses granted under this License to the Licensee +are immediately terminated unless 1) that claim is directly in response +to a claim against Licensee regarding an Implementation, or 2) that claim +was brought to enforce the terms of this License, including intervention +in a third-party action by a Licensee. + +2.1.5. Additional Conditions. This License is not an assurance (i) +that any of Contributor’s copyrights or issued patent claims cover +an Implementation of the Specification or are enforceable or (ii) that +an Implementation of the Specification would not infringe intellectual +property rights of any third party. + +2.2. Patent Licensing Commitment. In addition to the rights granted +in Section 2.1, Contributor agrees to grant everyone a no charge, +royalty-free license on reasonable and non-discriminatory terms +to Contributor’s Necessary Claims that are within Scope for: +1) Implementations of a Draft Specification, where such license +applies only to those Necessary Claims infringed by implementing +Contributor's Contribution(s) included in that Draft Specification, +and 2) Implementations of the Approved Specification. + +This patent licensing commitment does not apply to those claims subject +to Contributor’s Exclusion Notice under Section 3. + +2.3. Effect of Withdrawal. Contributor may withdraw from the Working Group +by issuing a pull request or commit providing notice of withdrawal to +the Working Group repository’s Notices.md file. All of Contributor’s +existing commitments and obligations with respect to the Working Group +up to the date of that withdrawal notice will remain in effect, but no +new obligations will be incurred. + +2.4. Binding Encumbrance. This License is binding on any future owner, +assignee, or party who has been given the right to enforce any Necessary +Claims against third parties. + +3. Patent Exclusion. + +3.1. As a Result of Contributions. Contributor may exclude Necessary +Claims from its licensing commitments incurred under Section 2.1.1 +by issuing an Exclusion Notice within 45 days of the date of that +Contribution. Contributor may not issue an Exclusion Notice for any +material that has been included in a Draft Deliverable for more than 45 +days prior to the date of that Contribution. + +3.2. As a Result of a Draft Specification Becoming an Approved +Specification. Prior to the adoption of a Draft Specification as an +Approved Specification, Contributor may exclude Necessary Claims from +its licensing commitments under this Agreement by issuing an Exclusion +Notice. Contributor may not issue an Exclusion Notice for patents that +were eligible to have been excluded pursuant to Section 3.1. + +4. Source Code License. Any source code developed by the Working Group is +solely subject the source code license included in the Working Group’s +repository for that code. If no source code license is included, the +source code will be subject to the MIT License. + +5. No Other Rights. Except as specifically set forth in this License, no +other express or implied patent, trademark, copyright, or other rights are +granted under this License, including by implication, waiver, or estoppel. + +6. Antitrust Compliance. Contributor acknowledge that it may compete +with other participants in various lines of business and that it is +therefore imperative that they and their respective representatives +act in a manner that does not violate any applicable antitrust laws and +regulations. This License does not restrict any Contributor from engaging +in similar specification development projects. Each Contributor may +design, develop, manufacture, acquire or market competitive deliverables, +products, and services, and conduct its business, in whatever way it +chooses. No Contributor is obligated to announce or market any products +or services. Without limiting the generality of the foregoing, the +Contributors agree not to have any discussion relating to any product +pricing, methods or channels of product distribution, division of markets, +allocation of customers or any other topic that should not be discussed +among competitors under the auspices of the Working Group. + +7. Non-Circumvention. Contributor agrees that it will not intentionally +take or willfully assist any third party to take any action for the +purpose of circumventing any obligations under this License. + +8. Representations, Warranties and Disclaimers. + +8.1. Representations, Warranties and Disclaimers. Contributor and Licensee +represents and warrants that 1) it is legally entitled to grant the +rights set forth in this License and 2) it will not intentionally include +any third party materials in any Contribution unless those materials are +available under terms that do not conflict with this License. IN ALL OTHER +RESPECTS ITS CONTRIBUTIONS ARE PROVIDED "AS IS." The entire risk as to +implementing or otherwise using the Contribution or the Specification +is assumed by the implementer and user. Except as stated herein, +CONTRIBUTOR AND LICENSEE EXPRESSLY DISCLAIM ANY WARRANTIES (EXPRESS, +IMPLIED, OR OTHERWISE), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, +NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF QUALITY, +OR TITLE, RELATED TO THE CONTRIBUTION OR THE SPECIFICATION. IN NO EVENT +WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY +FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF +ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO +THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING +NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN +ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Any obligations regarding +the transfer, successors in interest, or assignment of Necessary Claims +will be satisfied if Contributor or Licensee notifies the transferee +or assignee of any patent that it knows contains Necessary Claims or +necessary claims under this License. Nothing in this License requires +Contributor to undertake a patent search. If Contributor is 1) employed by +or acting on behalf of an employer, 2) is making a Contribution under the +direction or control of a third party, or 3) is making the Contribution +as a consultant, contractor, or under another similar relationship with +a third party, Contributor represents that they have been authorized by +that party to enter into this License on its behalf. + +8.2. Distribution Disclaimer. Any distributions of technical +information to third parties must include a notice materially similar +to the following: “THESE MATERIALS ARE PROVIDED “AS IS.” The +Contributors and Licensees expressly disclaim any warranties (express, +implied, or otherwise), including implied warranties of merchantability, +non-infringement, fitness for a particular purpose, or title, related to +the materials. The entire risk as to implementing or otherwise using the +materials is assumed by the implementer and user. IN NO EVENT WILL THE +CONTRIBUTORS OR LICENSEES BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS +OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES +OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO +THIS DELIVERABLE OR ITS GOVERNING AGREEMENT, WHETHER BASED ON BREACH OF +CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT +THE OTHER MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.” + +9. Definitions. + +9.1. Affiliate. “Affiliate” means an entity that directly or +indirectly Controls, is Controlled by, or is under common Control of +that party. + +9.2. Approved Specification. “Approved Specification” means the final +version and contents of any Draft Specification designated as an Approved +Specification as set forth in the accompanying Governance.md file. + +9.3. Contribution. “Contribution” means any original work of +authorship, including any modifications or additions to an existing +work, that Contributor submits for inclusion in a Draft Specification, +which is included in a Draft Specification or Approved Specification. + +9.4. Contributor. “Contributor” means any person or entity that has +indicated its acceptance of the License 1) by making a Contribution to +the Specification, or 2) by entering into the Community Specification +Contributor License Agreement for the Specification. Contributor includes +its Affiliates, assigns, agents, and successors in interest. + +9.5. Control. “Control” means direct or indirect control of more +than 50% of the voting power to elect directors of that corporation, +or for any other entity, the power to direct management of such entity. + +9.6. Draft Specification. “Draft Specification” means all versions +of the material (except an Approved Specification) developed by this +Working Group for the purpose of creating, commenting on, revising, +updating, modifying, or adding to any document that is to be considered +for inclusion in the Approved Specification. + +9.7. Exclusion Notice. “Exclusion Notice” means a written notice +made by making a pull request or commit to the repository’s Notices.md +file that identifies patents that Contributor is excluding from its +patent licensing commitments under this License. The Exclusion Notice +for issued patents and published applications must include the Draft +Specification’s name, patent number(s) or title and application +number(s), as the case may be, for each of the issued patent(s) or +pending patent application(s) that the Contributor is excluding from the +royalty-free licensing commitment set forth in this License. If an issued +patent or pending patent application that may contain Necessary Claims +is not set forth in the Exclusion Notice, those Necessary Claims shall +continue to be subject to the licensing commitments under this License. +The Exclusion Notice for unpublished patent applications must provide +either: (i) the text of the filed application; or (ii) identification +of the specific part(s) of the Draft Specification whose implementation +makes the excluded claim a Necessary Claim. If (ii) is chosen, the +effect of the exclusion will be limited to the identified part(s) of +the Draft Specification. + +9.8. Implementation. “Implementation” means making, using, selling, +offering for sale, importing or distributing any implementation of the +Specification 1) only to the extent it implements the Specification and 2) +so long as all required portions of the Specification are implemented. + +9.9. License. “License” means this Community Specification License. + +9.10. Licensee. “Licensee” means any person or entity that has +indicated its acceptance of the License as set forth in Section 2.1.3. +Licensee includes its Affiliates, assigns, agents, and successors in +interest. + +9.11. Necessary Claims. “Necessary Claims” are those patent claims, if +any, that a party owns or controls, including those claims later acquired, +that are necessary to implement the required portions (including the +required elements of optional portions) of the Specification that are +described in detail and not merely referenced in the Specification. + +9.12. Specification. “Specification” means a Draft Specification +or Approved Specification included in the Working Group’s repository +subject to this License, and the version of the Specification implemented +by the Licensee. + +9.13. Scope. “Scope” has the meaning as set forth in the accompanying +Scope.md file included in this Specification’s repository. Changes +to Scope do not apply retroactively. If no Scope is provided, each +Contributor’s Necessary Claims are limited to that Contributor’s +Contributions. + +9.14. Working Group. “Working Group” means this project to develop +specifications, standards, best practices, guidelines, and other similar +materials under this License. + + + +The text of this Community Specification License is Copyright 2020 +Joint Development Foundation and is licensed under the Creative +Commons Attribution 4.0 International License available at +https://creativecommons.org/licenses/by/4.0/. + +SPDX-License-Identifier: CC-BY-4.0 |