Sun XPointer patent terms and conditions

Date:      Wed, 06 Dec 2000 10:33:37 -0500
To:        www-xml-linking-comments@w3.org, patent-issues@w3.org
From:      "Eve L. Maler" <eve.maler@east.sun.com>
Cc:        eve.maler@east.sun.com,
           Marc Foodman <marc.foodman@sun.com>,
           Daniel.Veillard@w3.org, djweitzner@w3.org
Subject:   XPointer patent terms and conditions

As you may know, Sun holds a patent that affects the XML Pointer Language (XPointer). We have developed the following terms and conditions, so that developers can implement XPointer without concern. If you have comments, please make sure to address them to me and Sun IP attorney Marc Foodman (copied above), as well as to the patent-issues list if you wish them to be archived for W3C member access.

Please note that I also serve as a co-chair of the XML Linking Working Group and a co-editor of the XPointer specification. In this matter, I will "recuse myself" as co-chair; any WG issues related to this will be handled by my co-chair (and W3C staff contact for the WG) Daniel Veillard.

Thank you.

Eve Maler
Sun representative to the W3C Advisory Committee

TERMS AND CONDITIONS

By receiving and/or implementing the XPointer Specification, You acknowledge and agree to be bound by the following terms and conditions:

1. For purposes of this Agreement, the terms used herein shall be defined as follows:

"XPointer Specification" shall mean the W3C XML Pointer Language (XPointer) Version 1.0 Specification defining the XML Pointer Language, referred to as XPointer, or any future version of the specification.

"You(r)" shall mean an individual, or a legal entity acting by and through an individual or individuals, receiving the XPointer Specification and/or making, using, selling, offering for sale, otherwise disposing of or importing an implementation of the XPointer Specification. For legal entities, You(r) includes any entity in which You hold at least a fifty percent (50%) voting interest, or which is under common control with You.

"Modification" shall mean programming code, including interfaces, developed by or for You for use in an implementation of the syntax of the Xpointer Specification or for use in combination with an implementation of the XPointer Specification, that extends, enhances, alters, otherwise changes or is derived from the XPointer Specification.

"729 Patent" shall mean United States Patent No. 5,659,729 and any divisional, continuation, continuation-in-part or any corresponding United States or foreign published patent application claiming priority therefrom.

"Sun" shall mean Sun Microsystems, Inc., a Delaware corporation that owns the '729 Patent.

2. Subject to and conditioned upon all of the terms and conditions of this Agreement, including Paragraphs 2 and 3, Sun hereby covenants on a worldwide basis not to sue You for infringement under the '729 Patent for Your making, using, selling, offering for sale, otherwise disposing of or importing a fully compliant implementation of the XPointer Specification or subsets thereof. You covenant on a worldwide basis not to sue Sun or any third party for infringement of any patents which now or in the future are (a) owned by You; (b) under which you have authority to sue; or (c) to which you have authority to grant rights; for the making, using, selling, offering for sale, otherwise disposing of or importing a fully compliant implementation of the XPointer Specification or a subset thereof. No rights to the '729 Patent are licensed herein, including but not limited to the right to grant rights to third parties or the right to develop or manufacture products or components of products on behalf of third parties. You may assign the covenant granted to you hereunder in its entirety provided the assignee of such rights agrees to be bound by all of the terms and conditions herein.

3. You agree to provide documentation of any Modification to W3C no later than the first date on which such Modification is made available to others, including but not limited to the first date on which such Modification is made available to others through alpha distributions or distributions under obligations of confidentiality (the Available Date). You agree that W3C may publish documentation of such Modifications and make them part of future versions of the XPointer Specification on a worldwide, non- discriminatory, royalty free basis for members and non-members of W3C with such rights extending as of the Available Date. You agree to use reasonable efforts to promptly provide clarifications and corrections of Your Modification of the XPointer Specification to W3C upon discovery of an error.

4. The term of this Agreement shall begin on the date that You download or otherwise receive the XPointer Specification and shall extend through the last date on which a Patent expires. For purposes of this Paragraph 4, Patent shall mean any United States or foreign patent or any United States or foreign published patent application which: (a) covers an implementation of the XPointer Specification; (b) is now or in the future (i) owned by You, or (ii) under which you have the authority to sue, or (iii) to which you have the authority to grant rights; and (c) has an effective filing date prior to February 1, 2016.

5. In no event shall Sun or You be obligated to extend the covenant not to sue granted hereunder to any product not incorporating a fully compliant implementation of the XPointer Specification, or to that portion of a product not incorporating a fully compliant implementation of the XPointer Specification regardless of whether a fully compliant implementation of the XPointer Specification was incorporated in another portion of that product.

Eve Maler                                          +1 781 442 3190
Sun Microsystems XML Technology Center      eve.maler@east.sun.com

Source: http://lists.w3.org/Archives/Public/www-xml-linking-comments/2000OctDec/0092.html

Prepared by Robin Cover for The XML Cover Pages archive. See: "Patents and Open Standards."

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If you have comments, please make sure to address them to me and Sun IP attorney Marc Foodman (copied above), as well as to the patent-issues list if you wish them to be archived for W3C member access. Please note that I also serve as a co-chair of the XML Linking Working Group and a co-editor of the XPointer specification. In this matter, I will "recuse myself" as co-chair; any WG issues related to this will be handled by my co-chair (and W3C staff contact for the WG) Daniel Veillard. Thank you. Eve Maler Sun representative to the W3C Advisory Committee TERMS AND CONDITIONS By receiving and/or implementing the XPointer Specification, You acknowledge and agree to be bound by the following terms and conditions: 1. For purposes of this Agreement, the terms used herein shall be defined as follows: "XPointer Specification" shall mean the W3C XML Pointer Language (XPointer) Version 1.0 Specification defining the XML Pointer Language, referred to as XPointer, or any future version of the specification. "You(r)" shall mean an individual, or a legal entity acting by and through an individual or individuals, receiving the XPointer Specification and/or making, using, selling, offering for sale, otherwise disposing of or importing an implementation of the XPointer Specification. For legal entities, You(r) includes any entity in which You hold at least a fifty percent (50%) voting interest, or which is under common control with You. "Modification" shall mean programming code, including interfaces, developed by or for You for use in an implementation of the syntax of the Xpointer Specification or for use in combination with an implementation of the XPointer Specification, that extends, enhances, alters, otherwise changes or is derived from the XPointer Specification. "729 Patent" shall mean United States Patent No. 5,659,729 and any divisional, continuation, continuation-in-part or any corresponding United States or foreign published patent application claiming priority therefrom. "Sun" shall mean Sun Microsystems, Inc., a Delaware corporation that owns the '729 Patent. 2. Subject to and conditioned upon all of the terms and conditions of this Agreement, including Paragraphs 2 and 3, Sun hereby covenants on a worldwide basis not to sue You for infringement under the '729 Patent for Your making, using, selling, offering for sale, otherwise disposing of or importing a fully compliant implementation of the XPointer Specification or subsets thereof. You covenant on a worldwide basis not to sue Sun or any third party for infringement of any patents which now or in the future are (a) owned by You; (b) under which you have authority to sue; or (c) to which you have authority to grant rights; for the making, using, selling, offering for sale, otherwise disposing of or importing a fully compliant implementation of the XPointer Specification or a subset thereof. No rights to the '729 Patent are licensed herein, including but not limited to the right to grant rights to third parties or the right to develop or manufacture products or components of products on behalf of third parties. You may assign the covenant granted to you hereunder in its entirety provided the assignee of such rights agrees to be bound by all of the terms and conditions herein. 3. You agree to provide documentation of any Modification to W3C no later than the first date on which such Modification is made available to others, including but not limited to the first date on which such Modification is made available to others through alpha distributions or distributions under obligations of confidentiality (the Available Date). You agree that W3C may publish documentation of such Modifications and make them part of future versions of the XPointer Specification on a worldwide, non- discriminatory, royalty free basis for members and non-members of W3C with such rights extending as of the Available Date. You agree to use reasonable efforts to promptly provide clarifications and corrections of Your Modification of the XPointer Specification to W3C upon discovery of an error. 4. The term of this Agreement shall begin on the date that You download or otherwise receive the XPointer Specification and shall extend through the last date on which a Patent expires. For purposes of this Paragraph 4, Patent shall mean any United States or foreign patent or any United States or foreign published patent application which: (a) covers an implementation of the XPointer Specification; (b) is now or in the future (i) owned by You, or (ii) under which you have the authority to sue, or (iii) to which you have the authority to grant rights; and (c) has an effective filing date prior to February 1, 2016. 5. In no event shall Sun or You be obligated to extend the covenant not to sue granted hereunder to any product not incorporating a fully compliant implementation of the XPointer Specification, or to that portion of a product not incorporating a fully compliant implementation of the XPointer Specification regardless of whether a fully compliant implementation of the XPointer Specification was incorporated in another portion of that product. Eve Maler +1 781 442 3190 Sun Microsystems XML Technology Center eve.maler@east.sun.com Source: http://lists.w3.org/Archives/Public/www-xml-linking-comments/2000OctDec/0092.html Prepared by Robin Cover for The XML Cover Pages archive. See: "Patents and Open Standards."