Open Web Foundation

Final Specification Agreement (OWFa 1.0)

(Patent and Copyright Grants)

1.  The Purpose of this Agreement.

This Agreement sets forth the terms under which I make certain copyright and
patent rights available to you for your Permitted Uses of the Specification.
Capitalized terms are defined in the Agreement's last section.

2. Copyrights.

2.1.   Copyright Grant.

I grant to you a perpetual (for the duration of the applicable copyright),
worldwide, non-exclusive, no-charge, royalty-free, copyright license, without
any obligation for accounting to me, to reproduce, prepare derivative works
of, publicly display, publicly perform, sublicense, distribute, and implement
the Specification to the full extent of my copyright interest in the
Specification.

2.2.   Attribution.

As a condition of the copyright grant, you must include an attribution to
the Specification in any derivative work you make based on the Specification.
That attribution must include, at minimum, the Specification name and
version number.

3. Patents.

3.1.   Patent Non-Assert.

3.1.1. The Promise.

I, on behalf of myself and my successors in interest and assigns, irrevocably
promise not to assert my Granted Claims against you for your Permitted Uses,
subject to the terms and conditions of Section 3.1.  This is a personal
promise directly from me to you, and you acknowledge as a condition of
benefiting from it that no rights from me are received from suppliers,
distributors, or otherwise in connection with this promise.  This promise
also applies to your Permitted Uses of any other specifications incorporating
all required portions of the Specification.

3.1.2.  Termination.

3.1.2.1.  As a Result of Claims by You.

All rights, grants, and promises made by me to you under this Agreement are
terminated if you file, maintain, or voluntarily participate in a lawsuit
against me or any person or entity asserting that its Permitted Uses infringe
any  Granted Claims you would have had the right to enforce had you signed
this Agreement, unless that suit was in response to a corresponding suit
first brought against you.

3.1.2.2.  As a Result of Claims by a Related Entity of Mine.

If a Related Entity of mine files, maintains, or voluntarily participates in
a lawsuit asserting that a Permitted Use infringes any Granted Claims it
would have had the right to enforce had it signed this Agreement, then I
relinquish any rights, grants, and promises I have received for the
Specification from other signatories of this Agreement, unless a) my
promise to you was terminated pursuant to section 3.1.2.1, or b) that suit
was in response to a corresponding suit first brought by you against the
Related Entity.

3.1.3.  Additional Conditions.

This promise is not an assurance (i) that any of my 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.  Notwithstanding the
personal nature of my promise, this promise is intended to be binding on
any future owner, assignee or exclusive licensee to whom has been given
the right to enforce any Granted Claims against third parties.

3.1.4. Bankruptcy.

Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy
Code and any equivalent law in any foreign jurisdiction, this promise will
be treated as if it were a license and you may elect to retain your rights
under this promise if I (or any owner of any patents or patent applications
referenced herein), as a debtor in possession, or a bankruptcy trustee,
reject this non-assert.

3.2.  Patent License Commitment.

In addition to rights granted in 3.1, on behalf of me and my successors in
interest and assigns, I agree to grant to you a no charge, royalty free
license to my Granted Claims on reasonable and non-discriminatory terms,
where such license applies only to those Granted Claims infringed by
the implementation of the Specification, solely for your Permitted Uses.

4.  No Other Rights.

Except as specifically set forth in this Agreement, no other express or
implied patent, trademark, copyright, or other property rights are granted
under this Agreement, including by implication, waiver, or estoppel.

5.  Antitrust Compliance.

I acknowledge that I may compete with other participants, that I am under
no obligation to implement the Specification, that each participant is free
to develop competing technologies and standards, and that each party is
free to license its patent rights to third parties, including for the
purpose of enabling competing technologies and standards.

6.  Non-Circumvention.

I agree that I will not intentionally take or willfully assist any third
party to take any action for the purpose of circumventing my obligations
under this Agreement.

7.  Representations, Warranties and Disclaimers.

I represent and warrant that I am legally entitled to grant the rights and
promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION
IS PROVIDED "AS IS."  The entire risk as to implementing or otherwise using
the Specification is assumed by the implementer and user.  Except as stated
herein, I 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 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.  All of my obligations under Section 3 regarding
the transfer, successors in interest, or assignment of Granted Claims will
be satisfied if I notify the transferee or assignee of any patent that I
know contains Granted Claims of the obligations under Section 3.  Nothing in
this Agreement requires me to undertake a patent search.

8.  Definitions.

8.1.  Agreement.

"Agreement" means this OWFa document, which sets forth the rights, grants,
promises, limitations, conditions, obligations, and disclaimers made available
for the particular Specification.

8.2.  Bound Entities.

"Bound Entities" means the entity listed below and any entities that the
Bound Entity Controls.

8.3.  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.

8.4.  Granted Claims.

"Granted Claims" are those patent claims that I own or control, including
those patent claims I acquire or control after the Date below, that are
infringed by Permitted Uses. Granted Claims include only those patent
claims that are infringed by the implementation of any portions of the
Specification where the Specification describes the functionality causing
the infringement in detail and does not merely reference the functionality
causing the infringement.

8.5.  I, Me, or My.

"I," "me," or "my" refers to the signatory below and its Bound Entities, if
applicable.

8.6.  Permitted Uses.

"Permitted Uses" 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.  Permitted Uses do not
extend to any portion of an implementation that is not included in
the Specification.

8.7.  Related Entities.

"Related Entities" means 1) any entity that Controls the Bound Entity
("Upstream Entity"), and 2) any other entity that is Controlled by an
Upstream Entity that is not itself a Bound Entity.

8.8.  Specification.

"Specification" means the Specification identified below.

8.9.  You or Your.

"You," "you," or "your" means any person or entity who exercises copyright or
patent rights granted under this Agreement, and any person or entity you
Control.
 

Identify the Specification and version number here:

draft-dmarc-base-00-02


If signing this OWFa as an individual:

I acknowledge that, depending upon local law or contractual agreements,
when I am employed by or acting on behalf of another entity, the promises
I make relating to this Specification may actually be obligations of that
other entity.  In such a situation, I represent that

I have been authorized by that entity to make these promises.  I also
understand that certain Specification projects may require additional private
identifying information or certifications from me before they accept this
Agreement.

______________________________

Signed name

______________________________

Print name

______________________________

Email address

______________________________

Date
	

If signing this OWFa as a Bound Entity:

I certify that I am authorized to execute this Agreement on behalf of
the Bound Entity named below, and that all promises made herein relating to
this Specification are commitments of the Bound Entity.



_______________________________

Signed name

_______________________________

Print name

_______________________________

Email address

_______________________________

Date

_______________________________

Title

_______________________________

Bound Entity

_______________________________

Address
