Dear Luis, thank you very much for your efforts. The version is fine for SAP. Best regards, Kathrin Von: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] Im Auftrag von LUIS GARCIA GARCIA Gesendet: Freitag, 12. August 2011 10:23 An: fiware-legal at lists.fi-ware.eu Cc: Asesoría Jurídica Betreff: [Fiware-legal] FI-WARE CONSORTIUM AGREEMENT Dear all, Find enclosed the final version of the FI-WARE CA. As per request of several partners, we´ve done some modifications in clause 4.1. in order to protect parties´s technology when used by other partner- or a third party- in an implementation of the FI-WARE Generic Enabler Specifications. This modification does not modify the initial content and sense of this crucial clause, but gives a better protection of partner´s technology when used in an implementation. However, we must take into account that there are two aspects we must take into account and that cannot be subject to "protection or royalties": 1.- If it is something "inherent" to the specifications, that is to say that nobody would implement it in a different way. 2.- If it is one aspect of the implantation that everybody, that implement the specifications, would obviously do. Both points are not necessary redundant. Further, we´ve seen that there may be a misinterpretation in the first paragraph, and we´ve modified "other parties" for "Parties signing this CA as well as any other third party" that perfectly reflects the intention of the paragraph. I´ve changed only the yellow marked part So, the wording we propose would be: "Notwithstanding any conflicting terms in this CA, the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, parties signing this CA as well as any other third party may use such FI-WARE Generic Enabler Specifications to develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. However, notwithstanding the above, parties are not barred from requesting royalties, or protecting their rights, for use of technology (e.g. but not limited to patents) in implementations of the FI-WARE Generic Enablers Specifications, provided such technology is not disclosed by the FI-WARE Generic Enabler Specifications or is not inherent to, or cannot trivially be derived as valid implementations of part of the FI-WARE Generic Enabler Specifications. " The rest of the clause remains as it was. -**************************************** Except for any typo, we consider this version as final as there´s no room for further negotiations. We´ve received the 2nd august the signed contract from the Commission, so we have a 45 days, from that date, to complete the signature of Form A; however, we´ve only received 9 of 26 Form A signed. If we do not received the Form A we´re putting the project in a serious risk. Please send us ASAP this pending signed documentation. We´ve included the contact and signature information we´ve received. However, there are still partners that have not sent us their information. Please, do it ASAP. Next week I´ll send the pdf signature version with the information we have up to this moment. If any of your signing representative is going to leave on holidays, I kindly ask you to request them the signature before they go. Also these organizations which have not yet signed and sent the Collaboration Agreement to our address should complete this also ASAP. We want transfer our most sincere thanks for your flexibility and your cooperation during this long negotiation. Please, let us know if you´d need any further information. Best regards Luis García García Asesoria Jurídica // Legal Department Tfnos: +34 914832614 // +34913129666 Telefónica Investigación y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5ª planta Ronda de la Comunicación s/n 28050-Madrid (España) [cid:image001.png at 01CC5B71.51BEE9C0] ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra política de envío y recepción de correo electrónico en el enlace situado más abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at. http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... URL: <https://lists.fiware.org/private/fiware-legal/attachments/20110815/1dd7841a/attachment.html> -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 16885 bytes Desc: image001.png URL: <https://lists.fiware.org/private/fiware-legal/attachments/20110815/1dd7841a/attachment.png>
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