Dear Luis, dear all, Thanks for the updated version. Attached please find our comments. In order to make it easier to focus on the open issues, we accepted the changes from the previous draft (V2) which were not commented by the parties. In the attached draft you can see the new changes in V3 + IBM comments on top of V3. We suggest to use this draft for our meeting tomorrow so the discussion will be more effective. Luis - are you going to send a call in number for the call tomorrow? thanks. Best regards, Galit Leider (LL.B ,MBA) Senior Contracts Professional Contracts Team Leader IBM Haifa Research Lab Tel: +972-4-8281300, mobile: +972-54-6976300 email: galitl at il.ibm.com This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply to the e-mail above. From: LUIS GARCIA GARCIA <luis.garciagarcia at telefonica.com> To: "ficore-legal at lists.fi-ware.org" <ficore-legal at lists.fi-ware.org>, Cc: "ppp-tf-proposal at tid.es" <ppp-tf-proposal at tid.es> Date: 02/10/2014 05:02 PM Subject: Re: [Ficore-legal] FI-CORE CONSORTIUM AGREEMENT Sent by: ficore-legal-bounces at lists.fi-ware.org Dear partners, Find attached the new version of the FI-CORE CA. Main changes are the following: 1º.- Introduction of a new necessary concept: ?FIWARE Ops tools are software tools that ease the deployment, setup and operation of FIWARE instances by Platform Providers? Software linked to the implementation of FIWARE Ops tools or to FIWARE GE reference implementations must be available under open source license terms (meeting the requirements already stated in the CA for any kind of open source license, i.e., addition of the statement on derivate work for Controlled License Terms). The accompanying documentation must be made available under the same license or equivalent license, such as Creative Commons license or Open Database license. Accordingly, we´ve introduced a new paragraph in clause 4.1 to make this basic statement clear. 2º.- As requested by several partners, we´ve reintroduced the veto right for some Board decisions according to the IBM proposal. Please, check this new version and let´s have a call next Tuesday 7th, 11. a.m (CET). During this call, we must make an effort to reach a final agreement on any issues that may still be open. Our colleagues from IBM will be on holidays from 8th to 18th October and we don´t want to disturb them during their vacation period¡ We´ll shortly send you the call details. Best regards Luis García García Telefónica I+D Asesoría Jurídica // Legal Department Tfnos: +34913129666 Distrito T, Edificio Oeste 1, 6ª planta Ronda de la Comunicación s/n 28050- Madrid (Spain) De: LUIS GARCIA GARCIA Enviado el: miércoles, 24 de septiembre de 2014 15:36 Para: 'ficore-legal at lists.fi-ware.org' CC: 'ppp-tf-proposal at tid.es' Asunto: FI-CORE CONSORTIUM AGREEMENT Dear partners: Thanks for your comments to the initially proposed agreement. Attached you will find the second version of the FI-CORE Consortium Agreement in which we´ve tried to include most of your inputs. The main modification we´ve included is referred to the Payment Clause: As many partners have expressed their concern about this clause (specially SMEs) and FI-CORE is a 24th month project, we have suppressed the ?two tranches systems? that worked in FIWARE (36 months). Accordingly, both the pre-financing and the Interim Payment will be paid 100% by the Coordinator not later than thirty (30) days from their receipt. At the same time, and to protect the Consortium from the eventual risks associated to this new payment method, we´ve included several rules to ensure that certain reimbursements, in some specific cases, are done on time by the relevant partners. Together with these ?reimbursement security measures? we´ve included the rules to make additional payments, in certain situations, to new partners joining the Project (i.e. through the Open Call) or to partners that have increased their budget/effort in the project. We hope that this new wording is acceptable for all of you Together with the above mentioned modification, we´ve maintained the possibility of delaying the payment (now only referred to the Interim Payment) in those cases in which the Coordinator ?determined within such thirty (30) days period, based on internal reviews, results of review of the EC, milestones fulfillment, and confirmation of the relevant work-package leaders, that a Party has materially failed to meet its delivery milestones as defined in Annex 1 of the GA?. Our experience shows that it is not practical at all to refer this decission to the Board, as Board decisions require a long time, excessive for the daily management needs of the Project. Notwithstanding, and to avoid any arbitrary decision of the Coordinator, the CA clearly establishes that in case that the affected party objects, ?the final decision will be taken by the Board according to the provisions of clause 3.3.2.4.? *********** We kindly invite to check this new version and to send your comments before next Monday 29th. Please, try to minimaze them as we must conclude this agreement within the 45 days following the signature of the Grant Agreement (signed by the Commission last 16th September). As soon as we collect all the comments received up to that date, we´ll prepare a new version and convene a Conference Call to definitively close any pending issues that may still be open. Don´t forget to send me your heading and contact details for the CA¡ Thanks and regards Luis García García Telefónica I+D Asesoría Jurídica // Legal Department Distrito T, Edificio Oeste 1, 6ª planta Ronda de la Comunicación s/n 28050- Madrid (Spain) Este mensaje y sus adjuntos se dirigen exclusivamente a su destinatario, puede contener información privilegiada o confidencial y es para uso exclusivo de la persona o entidad de destino. Si no es usted. el destinatario indicado, queda notificado de que la lectura, utilización, divulgación y/o copia sin autorización puede estar prohibida en virtud de la legislación vigente. Si ha recibido este mensaje por error, le rogamos que nos lo comunique inmediatamente por esta misma vía y proceda a su destrucción. The information contained in this transmission is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you have received this communication in error and then delete it. Esta mensagem e seus anexos se dirigem exclusivamente ao seu destinatário, pode conter informação privilegiada ou confidencial e é para uso exclusivo da pessoa ou entidade de destino. Se não é vossa senhoria o destinatário indicado, fica notificado de que a leitura, utilização, divulgação e/ou cópia sem autorização pode estar proibida em virtude da legislação vigente. Se recebeu esta mensagem por erro, rogamos-lhe que nos o comunique imediatamente por esta mesma via e proceda a sua destruição _______________________________________________ Ficore-legal mailing list Ficore-legal at lists.fi-ware.org https://lists.fi-ware.org/listinfo/ficore-legal -------------- next part -------------- An HTML attachment was scrubbed... URL: <https://lists.fiware.org/private/ficore-legal/attachments/20141006/8317dc17/attachment.html> -------------- next part -------------- A non-text attachment was scrubbed... Name: FICORE CA 2014-09-24 v3.doc Type: application/octet-stream Size: 341504 bytes Desc: not available URL: <https://lists.fiware.org/private/ficore-legal/attachments/20141006/8317dc17/attachment.obj> -------------- next part -------------- A non-text attachment was scrubbed... Name: FICORE CA 06.10.2014_IBM.doc Type: application/octet-stream Size: 344576 bytes Desc: not available URL: <https://lists.fiware.org/private/ficore-legal/attachments/20141006/8317dc17/attachment-0001.obj>
You can get more information about our cookies and privacy policies clicking on the following links: Privacy policy Cookies policy