source: trunk/COVENANT.txt @ 4139

Last change on this file since 4139 was 218, checked in by cameron, 10 years ago

IC patent covenant

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1Covenant Not To Assert
2
3International Characters, Inc., on its own behalf and on behalf of
4its successors in interest, irrevocably covenants that, subject
5solely to the Reciprocity Requirement below, it will not assert or
6enforce any rights in any claims in its Canadian, U.S., or foreign
7patents, including the right to assert contributory infringement,
8inducing infringement, or willful infringement, against anyone
9because of the following activities ("Permitted Activities"):
10
11   1. the use of Open Source Software (in combination with hardware); or
12   2. the making, sale, offer for sale, importation, licensing or
13distribution of Open Source Software; or
14   3. the making or use of software or hardware for Experimentation,
15Research or Teaching.
16
17In order to be clear that this covenant expressly excludes certain
18commercial activities, this covenant does not apply to the making, use,
19sale, offer for sale, importation, licensing or distribution of any
20software, hardware, or combination of software and hardware, other than
21as specified above.
22
23In this covenant, the following definitions of terms apply:
24
25    * "Open Source Software" means software actually distributed to the
26public under software licenses that have been expressly approved by Open
27Source Initiative or the Free Software Foundation as of the date of this
28covenant, and that provide that every licensee is free to make copies of
29the software or derivative works thereof, to distribute them without
30payment of royalties or other consideration, and to access and use the
31complete source code of the software
32    * "Experimentation" means activities relating to the evaluation or
33testing of infringing hardware or software, including use by others for
34limited trials, prior to continuing use, sale, licensing, or other
35distribution of that software or hardware in commerce or for commercial
36purposes.
37    * "Research" means activities to advance and disseminate knowledge
38about infringing software or hardware and improvements thereto through
39publications, patent applications and Open Source Software, but not
40including the use, sale, licensing, or other distribution of those
41advancements in commerce or for commercial purposes.
42    * "Teaching" means activities relating to explaining to students how
43to make, use, or improve infringing software or hardware.
44
45Reciprocity Requirement: Notwithstanding the commitment above, this
46International Characters covenant shall not apply and International
47Characters makes no assurance, covenant or commitment not to assert or
48enforce any or all of its patent rights against any individual,
49corporation or other entity that asserts, threatens or seeks at any time
50to enforce its own or another party's Canadian, U.S. or foreign patents
51or patent rights against any Permitted Activities by anyone.
52
53This covenant is not an assurance either (i) that any of International
54Characters issued patents cover any particular software or hardware or
55are enforceable, or (ii) that any particular software or hardware would
56not infringe patents or other intellectual property rights of any third
57party.
58
59No other rights except those expressly stated in this covenant shall be
60deemed granted, waived, or received by implication, or estoppel, or
61otherwise.
62Dated: October 1, 2008
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