Option Non-Assertion Covenant

Reference Notice

This excerpt comes directly from the Kantara Initiative IPR Policies. In the case that there is any discrepancy between this page and the policy the authority always rests with the approve policy HERE

Default Option Non-Assertion Covenant 

[Can be used for development of a Technical Specification, Recommendation, Report or other output of a Group]

"You" (or "Your") means each Participant as defined in the Kantara Bylaws.

"Licensed Materials," "Participation," and other terms defined in the Kantara Initiative Intellectual Property Rights Policy are used here as defined in that policy.

You irrevocably grant a perpetual, worldwide, non-exclusive, no-charge, compensation free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Licensed Materials, and all derivative works, to Kantara Initiative, Inc (the Corporation) and to all users and recipients of any Technical Specifications, Recommendations, Reports or other outputs issued by a Group in which you are a Participant.

You represent that that to the best of Your knowledge each of Your Licensed Materials is Your original creation, or otherwise properly identifies any holders of copyright interests in those materials and any relevant restrictions on their re-use; and that You have all rights and permissions required to make the grants, acknowledgments, and agreements stated here with respect to those materials. There is no obligation on the part of a Licensor of Materials to perform a search for Intellectual Property Rights when contributing materials.

You irrevocably covenant that, except as provided in the following paragraph, you will not assert, against any person who makes, has made, uses, offers to sell, sells, imports or otherwise distributes products or services that implement any Technical Specifications, Recommendations or other outputs issued by a Group in which you are a Participant, any patent claims licensable by You that necessarily are infringed by Your Licensed Materials alone, or by combination of Your Licensed Materials with that Technical Specification, Recommendation or other output.

If any entity institutes patent litigation against You or any other entity (including a cross- claim or counterclaim in a lawsuit) alleging that Your Licensed Materials, or the Technical Specification, Recommendation or other output to which You have submitted them, constitutes direct or contributory patent infringement, then Your non-assertion covenant in favor of that entity shall terminate as of the date such litigation is filed.