SPECIFICATION DOCUMENT LICENSE
By using and/or copying this document, or the DASH7 Alliance document from which this statement is linked, you, the person or persons using or copying the DASH7 Alliance Specification (“the Licensee”) agree that you have read, understood, and will comply with the following terms and conditions:
This SPECIFICATION LICENSE AGREEMENT (“The Agreement”) is entered into by the DASH7 Alliance, the Licensee and organization that the Licensee represents at the time of registration (“Licensee Organization”). The Licensee must provide complete and accurate registration information, including name, organizational affiliation, title within the organization, and full contact information. Providing incomplete or inaccurate registration information voids the Agreement.
By accepting the Agreement, and providing valid registration information, your are granted to download the DASH7 Alliance Wireless Sensor and Actuator Network Protocol Documentation (“the Specification”) from DASH7 Alliance official website. The Specification is a personal copy, watermarked with your name and email address, as provided by you during registration. Your personal copy shall be treated by you, the Licensee and your organization, the Licensee organization, as confidential information, and as such you are not allowed to share it outside your organization. In case persons outside your organization are interested in acquiring the Specification, please encourage them to request their FREE personal copy from DASH7 Alliance.
a. DASH7 Alliance, VZW is a nonprofit membership organization having its main address at Boudewijnlaan 20-21, 4rd floor, B-1000 Brussels, BELGIUM (“DASH7 Alliance”) that specifies, drafts and edits the Specification, develops the Certification procedures of Implementations of the Specification, promotes the standardization of the Specification, and provides a framework for cooperation among organizations willing to use the Specification for education and training purposes and for developing prototypes and commercial products.
b. DASH7 Alliance work products (“the Materials”) are developed in DASH7 Alliance chartered action groups consisting of member representatives and invited experts under the auspices of an Intellectual Property Rights (IPR) Policy by which action group participants are asked to disclose any claims made on the DASH7 Alliance Materials.
c. DASH7 Alliance is the sole arbitrator of compliance to the Specification and the sole grantor of DASH7 Alliance compliant designations of any kind. DASH7 Alliance is the sole maintainer and evolver of the Specification.
d. Users of the Specification are encouraged to engage directly with DASH7 Alliance as DASH7 Alliance members, in order to enhance the level of interoperability. Users may also provide feedback without being DASH7 Alliance members by contacting the DASH7 Alliance Protocol Action Group at email@example.com
You, (the Licensee) and your organization (the Licensee organization) are legally bound by this agreement with respect to your usage of the Specification.
1. Ownership and Attribution
a. Ownership Of Copyrights.
DASH7 Alliance owns the copyright on the Specification and the Materials except as may be noted in the body of such Materials.
b. Intellectual Property Rights Claims.
According to the DASH7 Alliance IPR Policy, any organization, by becoming a DASH7 member, is deemed by taking such action, to have agreed to grant a License to Implementers, with or without compensation, with respect to all Necessary Claims Owned by it and each of its Related Parties, under all new and amended text in such Specification, and with respect to all Necessary Claims Owned by it and each of its Related Parties under all other Draft Specifications and Specifications.
Therefore, the Specification is notated with any potential IPR claims of organizations that are DASH7 Alliance members at the time of the approval of the Final Draft of the Specification. Implementers of the Specification are advised to read such notations carefully. DASH7 Alliance takes no position with respect to any IPR rights claimed. DASH7 Alliance invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights, which may cover technology that may be required to implement the Specification.
Any use of the Specifications or other Materials provided by DASH7 Alliance must be accompanied by the copyright legends provided with full attribution given to DASH7 Alliance.
2. Grant of License
DASH7 Alliance hereby grants to the Licensee that has entered the Agreement an irrevocable, worldwide, perpetual, royalty-free, nontransferable, nonexclusive, nonsublicenseable license download and utilize the Specification in their entirety with all copyright legends and notices intact. The Specification may not be modified in any way, such as by removing the copyright notice or references to DASH7 Alliance.
DASH7 Alliance hereby grants the Licensee Organization, its Related Parties a worldwide, perpetual, royalty-free, nontransferable, nonexclusive, nonsublicenseable license to download and utilize the Specification for the purpose of developing, making, having made, using, marketing, importing, offering to sell or license, and selling or licensing, and to otherwise distribute, products that implement the Specification, in all cases subject to the conditions set forth in this Agreement and IPR notices contained within the Specification.
THE DASH7 ALLIANCE DOES NOT GRANT, EITHER EXPRESSLY OR IMPLIEDLY, A LICENSE TO ANY INTELLECTUAL PROPERTY IT, OR ANY THIRD PARTIES, OWN OR CONTROL.
An implementation of the Specification must not claim to be a compliant implementation of the Specification unless it passes the DASH7 Alliance Certification in accordance with DASH7 Alliance processes. Licensee agrees to publicly and visibly acknowledge and attribute to DASH7 Alliance the Specification upon which products are based to any and all Development Partner(s).
3. No Warranties
THE SPECIFICATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ANY WARRANTY OF NON-INFRINGEMENT IS EXPRESSLY DISCLAIMED. ANY USE OF THIS SPECIFICATION SHALL BE MADE ENTIRELY AT THE IMPLEMENTER’S OWN RISK. IN NO EVENT SHALL DASH7 ALLIANCE MEMBERS OR CONTRIBUTORS BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SPECIFICATION.
4. Third Party Rights
Without limiting the generality of Section 2 above, DASH7 ALLIANCE ASSUMES NO RESPONSIBILITY TO COMPILE, CONFIRM, UPDATE OR MAKE PUBLIC ANY THIRD PARTY ASSERTIONS OF PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MIGHT BE INFRINGED BY AN IMPLEMENTATION OF THE SPECIFICATION. IF ANY SUCH RIGHTS ARE DESCRIBED ON THE SPECIFICATION, DASH7 ALLIANCE TAKES NO POSITION AS TO THE VALIDITY OR INVALIDITY OF SUCH ASSERTIONS, OR THAT ALL SUCH ASSERTIONS THAT HAVE OR MAY BE MADE ARE SO LISTED.
The DASH7 Alliance is willing to receive input, suggestions and other feedback (“Feedback”) on the Specification. By providing such Feedback to the DASH7 Alliance, you grant to the DASH7 Alliance and all its Members a non-exclusive, non-transferable, worldwide, perpetual, irrevocable, royalty-free copyright license to copy, publish, license, modify, sublicense or otherwise distribute and exploit your Feedback for any purpose. Likewise, if incorporation of your Feedback would cause an implementation of the Specification to necessarily infringe a patent or patent application that you own or control, you hereby commit to grant to all Implementers of such Specification an irrevocable, worldwide, sublicenseable, royalty free license under such patent or patent application to make, have made, use, sell, offer for sale, import and export products or services that implement the Specification. You warrant that (a) to the best of your knowledge you have the right to provide this Feedback, and if you are providing Feedback on behalf of an organization, you have the rights to provide Feedback on behalf of your organization; (b) the Feedback is not confidential to you and does not violate the copyright or trade secret interests of another; and (c) to the best of your knowledge, use of the Feedback would not cause an implementation of the Specification to necessarily infringe any third-party patent or patent application known to you. You also acknowledge that the DASH7 Alliance is not required to incorporate your Feedback into any version of the Specification.
6. Termination of License
a. Breach. In the event of a breach of this Agreement by Licensee or any of its Related Parties, DASH7 Alliance shall give Licensee written notice and an opportunity to cure. If the breach is not cured within thirty (30) days after written notice, or if the breach is of a nature that cannot be cured, then DASH7 Alliance may immediately or thereafter terminate the licenses granted in this Agreement; provided, however, that Licensee and its Related Parties shall be permitted to continue to use products created or obtained prior to such termination.
b. Notice. Licensee may immediately terminate the licenses granted in this Agreement upon written notice to DASH7 Alliance.
a. Notices. All notices required under this Agreement shall be in writing, and shall be deemed effective five days from deposit in the mails. Notices and correspondence to (a) DASH7 Alliance must be sent to the address shown above, and (b) to Licensee shall be sent to the address identified by Licensee in the form completed by Licensee below in this Agreement.
b. Governing Law. This Agreement shall be construed and interpreted under the internal laws of Belgium, without giving effect to its principles of conflict of law.
c. Entire Agreement. This Agreement constitutes the entire agreement and understanding between DASH7 Alliance, the Licensee and the Licensee Organization regarding the subject matter contained herein. No modification or waiver of this Agreement shall be binding unless it is in writing and signed by all parties. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be omitted and the remaining terms shall remain in full force and effect. This Agreement supersedes any and all prior agreements between DASH7 Alliance and Licensee regarding Licensee’s right to use the Specification.
No other rights are granted by implication, estoppel or otherwise.