| r#"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 |
| "# |