[Fiware-legal] FI-WARE CONSORTIUM AGREEMENT

[Galit Leider]

Luis,

Thank you very much for your efforts and dedication!
This version is acceptable to IBM.

Just a small typo in section 3 part 1, in IBM Research GMBH, the "(e.g.)"
should be deleted before the email address.


Best regards,

Galit Leider (LL.B ,MBA)
Senior Contracts Professional
Business and Government Relations
IBM Haifa Research Lab
Tel: +972-4-8281300, mobile: +972-54-6976300
email: galitl at il.ibm.com



From:	LUIS GARCIA GARCIA <lgg at tid.es>
To:	"fiware-legal at lists.fi-ware.eu" <fiware-legal at lists.fi-ware.eu>
Cc:	Asesoría Jurídica <asesoria_juridica at tid.es>
Date:	12/08/2011 11:43
Subject:	[Fiware-legal] FI-WARE CONSORTIUM AGREEMENT
Sent by:	fiware-legal-bounces at lists.fi-ware.eu



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 01CBC9F9.AC146AD0




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