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FI-WARE Open Specification Legal Notice (essential patents license) - FIWARE Forge Wiki

FI-WARE Open Specification Legal Notice (essential patents license)

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General Information

"FI-WARE Project Partners" refers to Parties of the FI-WARE Project in accordance with the terms of the FI-WARE Consortium Agreement.

"Copyright Holders" of this FI-WARE Open Specification is/are the Party/Parties identified as the copyright owner/s on the wiki page of the FI-WARE Open Specification that contains the link to this Legal Notice.

Use Of Specification - Terms, Conditions & Notices

The material in this specification details, as of the date when Copyright Holders contributed it, a FI-WARE Generic Enabler Specification (hereinafter “Specification”) that is provided, in accordance with the terms, conditions and notices set forth below (“License”). This Specification does not represent a commitment to implement any portion of this Specification in any company's products. The information contained in this Specification is subject to change without notice.

Copyright License

Subject to all of the terms and conditions below, the Copyright Holders in this Specification hereby grant you, the individual or legal entity exercising permissions granted by this License, a fully-paid up, non-exclusive, nontransferable, perpetual, worldwide royalty free license (without the right to sublicense) under its respective copyrights incorporated in the Specification, to copy and modify this Specification and to distribute copies of the modified version, and to use this Specification, to create and distribute special purpose specifications and software that is an implementation of this Specification.

Patent License

“Specification Essential Patents” shall mean patents and patent applications, which are necessarily infringed by an implementation compliant with the Specification and which are owned by any of the Copyright Holders of this Specification. “Necessarily infringed” shall mean that no commercially and/or technical reasonable alternative exists to avoid infringement.

Each of the Copyright Holders, hereby agrees to grant you, on fair, reasonable and non-discriminatory terms, a personal, nonexclusive, non-transferable, non-sub-licensable, royalty-free, paid up, worldwide license, under their respective Specification Essential Patents, to make, use, sell, offer to sell, import and/or distribute software implementations compliant with the Specification.

If you institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that this Specification constitutes direct or contributory patent infringement, then any patent licenses granted to you under this License for that Specification shall terminate as of the date such litigation is filed.

The FI-WARE Project Partners and/or Copyright Holders shall not be responsible for identifying patents for which a license may be required for any implementation of any FI-WARE Specification, or for conducting legal inquiries into the legal validity or scope of those patents that are brought to its attention. FI-WARE specifications are prospective and advisory only. Prospective users are responsible for protecting themselves against liability for infringement of patents.

General Use Restrictions

Any unauthorized use of this Specification may violate copyright laws, trademark laws, and communications regulations and statutes. This Specification contains information which is protected by copyright. All Rights Reserved. This Specification shall not be used in any form or for any other purpose different from those herein authorized, without the permission of the respective Copyright Holders.

For avoidance of doubt, the rights granted are only those expressly stated in this Legal Notice herein. No other rights of any kind are granted by implication, estoppel, waiver or otherwise

Disclaimer Of Warranty

WHILE THIS SPECIFICATION IS BELIEVED TO BE ACCURATE, IT IS PROVIDED "AS IS" AND MAY CONTAIN ERRORS OR MISPRINTS. THE FI-WARE PROJECT PARTNERS AND THE COPYRIGHT HOLDERS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THIS SPECIFICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE OR OWNERSHIP, WARRANTY OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THIS SPECIFICATION AND ASSUME ANY RISKS ASSOCIATED WITH YOUR EXERCISE OF PERMISSIONS UNDER THIS LICENSE

IN NO EVENT AND UNDER NO LEGAL THEORY SHALL THE FI-WARE PROJECT PARTNERS AND THE COPYRIGHT HOLDERS BE LIABLE FOR ERRORS CONTAINED IN THIS SPECIFICATION OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY ANY USER OR ANY THIRD PARTY IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS SPECIFICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE DEVELOPED USING THIS SPECIFICATION IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE PATENT AND COPYRIGHT LICENSES GRANTED TO YOU TO USE THIS SPECIFICATION.

Trademarks

You shall not use any trademark, marks or trade names (collectively, "Marks") of the FI-WARE Project Partners or the Copyright Holders or the FI-WARE project without their prior written consent, except as required for reasonable and customary use in describing the origin of this Specification and reproducing the content of this Legal Notice.

Issue Reporting

This Specification is subject to continuous review and improvement. As part of this process we encourage readers to report any ambiguities, inconsistencies, or inaccuracies they may find by completing the Issue Reporting Procedure described on the web page http://www.fi-ware.org.

However there is no obligation on the part of the Copyright Holder to provide any review, improvement, bug fixes or modifications this Specification to address any reported ambiguities, inconsistencies, or inaccuracies.

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