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XPointer patent terms and conditions

From: Eve L. Maler <eve.maler@east.sun.com>
Date: Wed, 06 Dec 2000 10:33:37 -0500
Message-Id: <5.0.0.25.2.20001206102416.00a80c90@abnaki.east.sun.com>
To: www-xml-linking-comments@w3.org, patent-issues@w3.org
Cc: eve.maler@east.sun.com, Marc Foodman <marc.foodman@sun.com>, Daniel.Veillard@w3.org, djweitzner@w3.org
As you may know, Sun holds a patent that affects the XML Pointer Language
(XPointer).  We have developed the following terms and conditions, so that
developers can implement XPointer without concern.  If you have comments,
please make sure to address them to me and Sun IP attorney Marc Foodman
(copied above), as well as to the patent-issues list if you wish them to be
archived for W3C member access.

Please note that I also serve as a co-chair of the XML Linking Working Group
and a co-editor of the XPointer specification.  In this matter, I will
"recuse myself" as co-chair; any WG issues related to this will be handled by
my co-chair (and W3C staff contact for the WG) Daniel Veillard.

Thank you.

	Eve Maler
	Sun representative to the W3C Advisory Committee





                        TERMS AND CONDITIONS

By receiving and/or implementing the XPointer Specification, You
acknowledge and agree to be bound by the following terms and conditions:

   1. For purposes of this Agreement, the terms used herein shall be
defined as follows:

         "XPointer Specification" shall mean the W3C XML Pointer Language
(XPointer) Version 1.0 Specification defining the XML Pointer Language,
referred to as XPointer, or any future version of the specification.

         "You(r)" shall mean an individual, or a legal entity acting by and
through an individual or individuals, receiving the XPointer Specification
and/or making, using, selling, offering for sale, otherwise disposing of or
importing an implementation of the XPointer Specification.  For legal
entities, You(r) includes any entity in which You hold at least a fifty
percent (50%) voting interest, or which is under common control with You.

         "Modification" shall mean programming code, including interfaces,
developed by or for You for use in an implementation of the syntax of the
Xpointer Specification or for use in combination with an implementation of
the XPointer Specification, that extends, enhances, alters, otherwise changes
or is derived from the XPointer Specification.

         "'729 Patent" shall mean United States Patent No.  5,659,729 and
any divisional, continuation, continuation-in-part or any corresponding
United States or foreign published patent application claiming priority
therefrom.

         "Sun" shall mean Sun Microsystems, Inc., a Delaware corporation that
owns the '729 Patent.

   2.  Subject to and conditioned upon all of the terms and conditions of
this Agreement, including Paragraphs 2 and 3, Sun hereby covenants on a
worldwide basis not to sue You for infringement under the '729 Patent
for Your making, using, selling, offering for sale, otherwise
disposing of or importing a fully compliant implementation of the XPointer
Specification or subsets thereof.  You covenant on a worldwide basis not
to sue Sun or any third party for infringement of any patents which now or
in the future are (a) owned by You; (b) under which you have authority to
sue; or (c) to which you have authority to grant rights; for the making, using,
selling, offering for sale, otherwise disposing of or importing a fully 
compliant
implementation of the XPointer Specification or a subset thereof.  No rights
to the '729 Patent are licensed herein, including but not limited to the 
right to
grant rights to third parties or the right to develop or manufacture
products or components of products on behalf of third parties.  You may
assign the covenant granted to you hereunder in its entirety provided the
assignee of such rights agrees to be bound by all of the terms and
conditions herein.

   3.  You agree to provide documentation of any Modification to W3C no later
than the first date on which such Modification is made available to others,
including but not limited to the first date on which such Modification is
made available to others through alpha distributions or distributions under
obligations of confidentiality (the Available Date).  You agree that W3C
may publish documentation of such Modifications and make them part of
future versions of the XPointer Specification on a worldwide, non-
discriminatory, royalty free basis for members and non-members of W3C with
such rights extending as of the Available Date.  You agree to use
reasonable efforts to promptly provide clarifications and corrections of
Your Modification of the XPointer Specification to W3C upon discovery of an
error.

   4.  The term of this Agreement shall begin on the date that You download or
otherwise receive the XPointer Specification and shall extend through the
last date on which a Patent expires.  For purposes of this Paragraph 4,
Patent shall mean any United States or foreign patent or any United States or
foreign published patent application which:  (a) covers an implementation of
the XPointer Specification; (b) is now or in the future (i) owned by You, or
(ii) under which you have the authority to sue, or (iii) to which you have
the authority to grant rights; and (c) has an effective filing date prior to
February 1, 2016.

   5.  In no event shall Sun or You be obligated to extend the covenant not
to sue granted hereunder to any product not incorporating a fully compliant
implementation of the XPointer Specification, or to that portion of a
product not incorporating a fully compliant implementation of the XPointer
Specification regardless of whether a fully compliant implementation of the
XPointer Specification was incorporated in another portion of that product.

--
Eve Maler                                          +1 781 442 3190
Sun Microsystems XML Technology Center    eve.maler @ east.sun.com
Received on Wednesday, 6 December 2000 10:32:24 GMT

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