Dear all, I am back from holidays and want to announce that Siemens is prepared to accept the proposed compromise. Kind regards Irene Irene Glück-Otte Siemens AG Corporate Legal and Compliance CL CS CU CT&IP Otto-Hahn-Ring 6 81739 München, Deutschland Tel.: +49 (89) 636-33276 Fax: +49 (89) 636-50441 Mobil: +49 (1522) 2797796 mailto:irene.glueck-otte at siemens.com Siemens Aktiengesellschaft: Vorsitzender des Aufsichtsrats: Gerhard Cromme; Vorstand: Peter Löscher, Vorsitzender; Roland Busch, Brigitte Ederer, Klaus Helmrich, Joe Kaeser, Barbara Kux, Hermann Requardt, Siegfried Russwurm, Peter Y. Solmssen, Michael Süß; Sitz der Gesellschaft: Berlin und München, Deutschland; Registergericht: Berlin Charlottenburg, HRB 12300, München, HRB 6684; WEEE-Reg.-Nr. DE 23691322 ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of Weikl, Susanne (NSN - DE/Munich) Sent: Friday, September 09, 2011 3:19 PM To: ext LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu; fiware-legal-bounces at lists.fi-ware.eu Cc: thierry.nagellen at orange-ftgroup.com; JOSE JIMENEZ DELGADO Subject: [Fiware-legal] Compromise for FIWARE - Please Check! Importance: High Dear all, Kathrin and I had a discussion on the language and worked out the following compromise for 4.1: For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request), develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. We have discussed Robert's/ FT's addition that additional terms and conditions can only be asked for third parties, but not for Parties. Robert already asked at the time in his accompanying mail, that he we not sure this thinking was correct. Kathrin and I concluded that it is appropriate that the additional terms may also be asked from the Parties of the CA as: 1) all are treated equally then which is a desirable result in the light of anti-trust, given the intented impact of our work; and 2) the rights granted to Generic Enablers are likely to exceed Access Rights (they are free of charge for Use, there is no requirement of "Needed"), so a licensing Party should also be able to ask for additional terms when it comes to "Parties" and not just "third parties". The additional terms must however not lead to a situation where they diminish the normal Access Rights. This is expressly clarified. SAP is ok to sign a full agreement with the above language included - thanks for arranging this, Kathrin! We sincerely hope that this is now acceptable to all. If not please comment A.S.A.P. FYI - Luis has included an updated exclusion text for NSN in the Annex 3, however, it was not the right one. In order to save time, we would like to already inform you that the text will finally read: "NOKIA SIEMENS NETWORKS GMBH & CO. KG excludes all of its Sideground and Background except: (i) such Background and Sideground which is owned by Nokia Siemens Networks GMBH & CO. KG and that Nokia Siemens Networks GMBH & CO. KG is free to grant access without obligations towards third parties; and ..." (as in version 5 September - same change for the other 2 NSN companies). Thanks, have a nice weekend and lets get started! Best regards, Susanne Weikl Senior Legal Counsel St.-Martin-Straße 76 41.4017 D-80240 Munich Tel: +49 89 5159 36940 Mob: +49 160 9062 7495 Fax: +49 89 5159 44 36940 susanne.weikl at nsn.com http://www.nokiasiemensnetworks.com/global/ Think before you print Nokia Siemens Networks GmbH & Co. KG Sitz der Gesellschaft: München / Registered office: Munich Registergericht: München / Commercial registry: Munich, HRA 88537 WEEE-Reg.-Nr.: DE 52984304 Persönlich haftende Gesellschafterin / General Partner: Nokia Siemens Networks Management GmbH Geschäftsleitung / Board of Directors: Olaf Horsthemke, Dr. Hermann Rodler Vorsitzender des Aufsichtsrats / Chairman of supervisory board: Herbert Merz Sitz der Gesellschaft: München / Registered office: Munich Registergericht: München / Commercial registry: Munich, HRB 163416 _________________________________________________________________________________ Important Note: This e-mail and any attachment are confidential and may contain trade secrets and may also be legally privileged or otherwise protected from disclosure. If you have received it in error, you are on notice of its status. Please notify us immediately by reply e-mail and then delete this e-mail and any attachment from your system. If you are not the intended recipient please understand that you must not copy this e-mail or any attachment or disclose the contents to any other person. Thank you for your cooperation. Best Regards Susanne -------------- next part -------------- An HTML attachment was scrubbed... URL: <https://lists.fiware.org/private/fiware-legal/attachments/20110912/cf2afae2/attachment.html>
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