Dear fiware-opencall-support team, a partner of our proposal asks this question: Where is it stated that, when it comes to commercialisation, the GE reference implementation contributor will NOT be responsible for securing licences for any third-party IPR (i.e. patents) implemented by the reference implementation of their own foreground? We kindly ask your confirmation that the following answer is correct: 1) if a Party makes some foreground contribution and infringes some patents unwillingly, such Party is not liable for this towards other partners... they use the foreground of such Party at their own risk 2) a Party can contribute with software that has some other party IPR or some restrictive licensing term (e.g. GPL) by making it clear We based this answer on our interpretation of the following parts of the consortium agreement: ------------------- 4.2.5 Inability to grant Access Rights due to third party rights When a Party is unable because of third party rights to grant Access Rights which it reasonably believes that another Party will require, it will promptly notify such other Party If a Party uses for, or contributes to, the Project any Background or Sideground which includes all or part of a commercially available product of a third party or another Party, then ... Access Rights to be granted by such using or contributing Part do not include Access Rights to such commercially available product. 5.1.1 Liability towards each other the supplying Party shall be under no obligation or liability ... as to the sufficiency, accuracy or fitness for purpose of such information or materials or ... the absence of any infringement of any proprietary right (including, without limitation, IPRs, trade secret rights and rights over confidential information) of third parties no Party shall have any liability in respect of the infringement of any patent or other right of any third party resulting from any other Party (or any of its Affiliates) exercising any of the Access Rights granted under the GA or under this CA ------------------------- -- ******************************************************************* Stefano Salsano Dipartimento Ingegneria Elettronica Universita' di Roma "Tor Vergata" Via del Politecnico, 1 - 00133 Roma - ITALY http://netgroup.uniroma2.it/Stefano_Salsano/ E-mail : stefano.salsano at uniroma2.it Cell. : +39 320 4307310 Office : (Tel.) +39 06 72597770 (Fax.) +39 06 72597435 *******************************************************************
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