[Fiware-legal] 20130724 FIWARE OIL Terms and Conditions .docx

[Juanjo Hierro]

Dear all,

  Please find enclosed a revised version of the FI-WARE OIL Terms and Conditions.

  The parts that I have reviewed, compared to the last version distributed by Luis, are the following:

  *   Part b) of the definition of FI-WARE OIL services: I gave it a thought and I found that the wording that was already there was indeed appropriate.   Therefore I just dropped the comment that stated that the technical team had to be reviewed.
  *   I added the definition of "User" in order to use it in the definition of rights given in clause 2.2.(2)
  *   I revised clause 2.2.(2)
  *   I replaced "Data/Content" by "Content" in clause 2.2.(15) because "Content" includes "Data"
  *   I prefixed with "Account" some occurrences of "Private Data" in section 7
  *   I fixed a couple of typos

  Regarding clause 2.2.(2), we have to take the following points into account:

  *   "End Users" should not be required to create an account in FI-WARE OIL to get access to a given User provided Content ("Your Content").
  *   "End Users" should not be required to create an account in FI-WARE OIL to get access to FI-WARE OIL Services, the point is that they would do so "under the account of a given user" as the definition of "End Users" already stated since long time ago:
     *   "End user" means any individual or entity that accesses and/or uses Your content or FI-WARE OIL Services under Your Account.
  *   A given User ("You") shall be empowered to allow access to its Content ("Your Content") to other Users of the FI-WARE OIL services (i.e., users who have created an user account), not just "End Users"

  Consequently, I have proposed clause 2.2.(2) to be written as follows:

You shall further have the power to authorize use of Your Content by other Users as well as Your Content or the FI-WARE OIL Services by Your End Users, provided that You procure from each End User an undertaking to comply with these Terms and Conditions, and that You shall be responsible for the acts and omissions of Your End Users as if they were the acts and omissions of You. No End User may share with or delegate to any other individual the rights You grant that End User.

  Best regards,

-- Juanjo


-------------
Product Development and Innovation (PDI) - Telefonica Digital
website: www.tid.es<http://www.tid.es>
email: jhierro at tid.es<mailto:jhierro at tid.es>
twitter: twitter.com/JuanjoHierro

FI-WARE (European Future Internet Core Platform) Coordinator
and Chief Architect

FI-PPP Architecture Board chairman

You can follow FI-WARE at:
  website:  http://www.fi-ware.eu
  facebook: http://www.facebook.com/pages/FI-WARE/251366491587242
  twitter:  http://twitter.com/FIware
  linkedIn: http://www.linkedin.com/groups/FIWARE-4239932


On 26/07/13 07:47, LUIS GARCIA GARCIA wrote:
Dear all,

Find enclosed the new version of the Ts&Cs.  Juanjo will come back with point b of "Fi-ware Services" definition and will explain you why he considers that some NSN last proposed modifications shouldn´t figure in the text (specifically clauses 2.2.2. and 2.2.6)

Both IBM and Telefónica have also included some minor clarifications. You can check them highlighted in the text.

Thanks for your support on this and hope that next Monday we will close this document

Have a nice weekend
Regards

Luis García García
Asesoria  Jurídica // Legal Department
Tfnos: +34 914832614 //  +34913129666
Telefónica Investigación y Desarrollo, S.A.Unipersonal
DISTRITO C- Edificio Oeste 1,  6ª planta
Ronda de la Comunicación s/n
28050-Madrid (España)

[cid:part1.08040100.02000201 at tid.es]




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