[Fiware-wpa] Fwd: First draft of FI-WARE Open Innovation Lab (OIL) Terms and Conditions

Juanjo Hierro jhierro at tid.es
Sat Jun 22 11:13:41 CEST 2013


Dear all,

  I have just released the first version of the FI-WARE Open Innovation Lab (OIL) Terms and Conditions to the fiware-legal mailing list where representatives of the legal departments at your companies are supposed to be subscribed.   Please double-check they have received them and make sure they will devote the necessary time to get a version of them by end of July that will allow us to launch the FI-WARE OIL as planned in compliance with our contract.

  You know that launch of the FI-WARE OIL is a rather critical milestone for us because the FI-WARE OIL is probably the main first ingredient based on which we will build the innovation ecosystem we aim to build.   It is very important that you contact your legal attorneys to make sure they undertand the relevance of this.

  You will see that we have setup a process with regular confcalls and gathering of comments.    Please take your time to read the email I have just sent to fiware-legal.

  We have explained them, and you should be aware of this, that we will actually launch the FI-WARE OIL at the defined milestone (end of July) with whatever version of these terms and conditions can be generated that enough number of partners can adhere to.   We, as coordinators, assume this may mean that some FI-WARE GEis from some partners may not be made available when launching the FI-WARE OIL.   We know this may put them in a difficult situation in front of the EC but we cannot block launch of the FI-WARE OIL because a partner doesn't agree with the language of a particular paragraph that suits enough number of partners.   We are not goint allow any mess like with the FI-WARE Legal Notice in this respect.   On the other hand, such conflicts, if any, hopefully may be solved soon so that a new version of the Terms and Conditions can be produced and the affected FI-WARE GEi incorporated in the FI-WARE OIL in due time.  After all, and as stated in section 1.4 of this draft of the Terms and Conditions "We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions in the FI-WARE OIL Site."

  Given said that, I rather believe that closing an agreement on a first version of the Terms and Conditions is feasible for all partners.   We have spent a lot of time at Telefonica closing this first draft to make sure it was pretty complete, so there shouldn't be too many changes needed.

  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

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



-------- Original Message --------
Subject:        First draft of FI-WARE Open Innovation Lab (OIL) Terms and Conditions
Date:   Sat, 22 Jun 2013 10:13:10 +0200
From:   Juanjo Hierro <jhierro at tid.es><mailto:jhierro at tid.es>
To:     fiware-legal at lists.fi-ware.eu<mailto:fiware-legal at lists.fi-ware.eu> <fiware-legal at lists.fi-ware.eu><mailto:fiware-legal at lists.fi-ware.eu>
CC:     jhierro >> "Juan J. Hierro" <jhierro at tid.es><mailto:jhierro at tid.es>


Dear all,

  Please find enclosed the first draft of the FI-WARE Open Innovation Lab (OIL) Terms and Conditions prepared for the Legal Department of Telefonica for your revision.

  These Terms and Conditions will govern the usage of services provided by products implementing FI-WARE Generic Enablers (GEis) deployed and provided to third parties in the FI-WARE Open Innovation Lab (OIL).

  A very strict and unmovable milestone in the FI-WARE project is that the FI-WARE OIL must be available by end of July in compliance with our contract.   This means that we have to close a first version of these Terms and Conditions by that date.   Indeed, we will actually launch the FI-WARE OIL at the defined milestone (end of July) with whatever version of these terms and conditions can be generated that enough number of partners can adhere to.   There is a very high expectation from the EC and the research and entrepreneurs community and this means we cannot delay launching of the FI-WARE Open Innovation Lab.   We, as coordinators, assume this may mean that some FI-WARE GEis from some partners may not be made available when launching the FI-WARE OIL.   We know this may put them in a difficult situation in front of the EC but we cannot block launch of the FI-WARE OIL because a partner doesn't agree with the language of a particular paragraph that suits enough number of partners.   On the other hand, such conflicts, if any, hopefully may be solved soon so that a new version of the Terms and Conditions can be produced and the affected FI-WARE GEi incorporated in the FI-WARE OIL in due time.  After all, and as stated in section 1.4 of this draft of the Terms and Conditions "We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions in the FI-WARE OIL Site."

  Indeed, we feel very positive that we can reach soon an agreement on the FI-WARE Open Innovation Lab (OIL) Terms and Conditions because the provided draft has been worked out very carefully.  We haven't invented it from the scratch, as you can imagine, but have relied on the terms and conditions of similar services, some being known as best-of-the-breed and very consolidated services.

  In order to meet the defined milestone, we will setup regular confcalls every Monday from 09:30am to 11:00am CET.   They will be slots to discuss on proposal changes and make progress on closing agreements.    Of course, without preventing us to make progress over the email.   Dial-in details will be circulated later through this mailing list.

  In addition, we will run two sessions next week, one on Tuesday June 25, 09:30am CET, and another on Wednesday June 26 at 16:00 CET to introduce you the general principles behind the FI-WARE OIL and the FI-WARE OIL Terms and Conditions and to solve you any first doubts you may have.  Again, Dial-in details will be circulated later through this mailing list.

  You are asked to send your first set of comments by Thursday June 27 EOB (17:00 CET).   We will open a slot for additional comments every week, from Monday 09:30am CET until Thursday 12:00pm CET (noon) that same week.  Then, we will compile, circulate and use the provided comments during the following Monday session.

  There are a number of technical and business principles assumed in the definition of the FI-WARE OIL.  Let me enumerate some of them that I believe that you should always bear in mind while reading these terms and conditions:

  *   The FI-WARE OIL will be an environment, available to any third party for free, where third parties will be able to experiment with FI-WARE technologies (GEis) and will be able to host, develop and test Applications based on FI-WARE technologies.  The FI-WARE OIL comprises a site (where a portal is deployed) through which FI-WARE Cloud Hosting Services are offered enabling third parties to setup resources for hosting their experimental applications.  Besides, it comprises a number of FI-WARE GEis deployed on the FI-WARE Cloud or any other federated premise and offered "as a Service" so that applications can use them based on APIs.    Some of these FI-WARE GEis will be deployed by the corresponding FI-WARE GEi owner or by third parties using tools we have provided to them to do so.
  *   The FI-WARE OIL is provided only for experimental usage.   No production service should be offered by third parties based on FI-WARE OIL services.
  *   We do not warrant any service level or any level of support of FI-WARE OIL Services.   Support will be provided in "best-effort" mode and users of the FI-WARE OIL Services will make use of it at their own risk.

  Of course, there are many other aspects considered in the terms and conditions to protect ourselves and our rights and interests, as well as to develop the above listed principles, but you will discover them while reviewing the attached draft.

  Looking forward your collaboration to get this done on due time.

  Best regards,


-- Juanjo Hierro

-------------
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

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




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