GIST™ Working Agreement
Confidentiality Obligations for Contributions
No contribution that is subject to any requirement of confidentiality or any restriction on its dissemination may be considered in any part of the GravurExchange Specification Process, and there must be no assumption of any confidentiality obligation with respect to any such contribution. No contribution should be made on the basis of an assumed confidentiality obligation or restriction on dissolution. This includes, but is not limited to any patented work or process, pending, unpublished patent applications, or any work that is subject to non-disclosure or secrecy agreements.
In the course of specifications work, GravurExchange receives contributions in various forms and from many organizations, entities, and individuals (Contributor). To best facilitate the dissemination of these contributions, it is necessary to understand the intellectual property rights (IPR) relating to the contributions.
- By submission of a contribution, each Contributor actually submitting the contribution shall explicitly agree to the following terms and conditions on his/her own behalf, and on behalf of the organization (if any) he/she represents that owns any proprietary rights in the contribution. Where a contribution identifies contributors in addition to the contributor(s) who provide the actual contribution, the actual submitter(s) represent that each other named contributor was made aware of and agreed to accept the same terms and conditions set forth herein. Each contributor shall retain ownership of the copyright rights in its respective contribution, subject to the foregoing license grants. To the extent that the contribution is or may be subject to copyright, the contributor and the organization he represents (if any) that own any such copyright rights in the contribution, grant a perpetual, non-exclusive, royalty-free, worldwide right and license to GravurExchange under the contributor's copyright rights in the contribution to reproduce, publish, and distribute, display, perform, distribute, and create derivative works of the contribution solely for the purpose of (i) developing draft specifications for which the contribution was submitted, and (ii) to reproduce and display the final specification.
- The contributor acknowledges that GravurExchange has no duty to publish or otherwise use or disseminate any contribution.
- The contributor and the organization he/she represents (if any) that owns any rights in the contribution agree that no information in the contribution is confidential and that GravurExchange and its affiliated organizations may freely disclose any information in the contribution.
- The contributor represents that, and to the extent and timing required by this policy, he/she will disclose the existence of any proprietary or intellectual property rights in the contribution. .
- The contributor represents that it shall not submit a contribution that its individual representative to the Working Group has personal knowledge (with no obligation to investigate) that either (1) violates the intellectual property rights of any GravurExchange Member or third party, or (2) may subject the contribution or draft or final specification, in whole or in part, to licensing obligations with additional restrictions or requirements that are inconsistent with those set forth in this policy, or would require all or any portion of the contribution or draft or final specification to be (a) disclosed or distributed in source code form, (b) licensed for the purpose of making a derivative work, or (c) redistributable at no charge.
- If GravurExchange receives written notice of any known or claimed copyrights, trademarks, service marks, patents, patent applications, or other proprietary or intellectual property rights as to any specification developed within the GravurExchange process, GravurExchange shall not advance the specification without noting in a public disclosure area on the GravurExchange Web site the existence of such rights, or claimed rights. Where implementations are required before advancement of a specification, only implementations that have, by statement of the implementors, taken adequate steps to comply with any such rights, or claimed rights, shall be considered for the purpose of showing the adequacy of the specification.
- GravurExchange disclaims any duty to identify the existence or to evaluate the applicability of any claimed copyrights, trademarks, service marks, patents, patent applications, or other proprietary or intellectual property rights, and takes no position on the validity or scope of any such rights. GravurExchange will not make any claims or determinations as to whether IP claims are essential to the implementation of any GravurExchange-created specification and disclaims any obligation to do so.
Notices
- (A) GravurExchange specifications shall include the following notice:
"GravurExchange takes no position regarding the validity or scope of any intellectual property or other rights that might be claimed to pertain to the implementation or use of the technology described in this document or the extent to which any license under such rights might or might not be available. GravurExchange does not represent that it has made any effort to identify any such rights. Information on GravurExchange's procedures with respect to rights in GravurExchange specifications can be found at the GravurExchange Web site."
- (B) GravurExchange encourages all interested parties to bring to its attention, at the earliest possible time, the existence of any intellectual property rights pertaining to GravurExchange specifications. Each GravurExchange specification shall include the following invitation:
"GravurExchange requests interested parties to disclose any copyrights, trademarks, service marks, patents, patent applications, or other proprietary or intellectual property rights which may cover technology that may be required to implement this specification. Please address the information to the Publisher of GravurExchange."
- (C) The following copyright notice and disclaimer shall be included in all GravurExchange specification-related documentation:
"Copyright (c)GravurExchange (year). All Rights Reserved.
This document and translations of it may not be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may not be prepared, copied, published and distributed, in whole or in part. This document itself may not be modified in any way, such as by removing the copyright notice or references to GravurExchange, except as needed for the purpose of developing GravurExchange specifications, in which case the procedures for copyrights defined in the GravurExchange Intellectual Property Policy document must be followed, or as required to translate it into languages other than English.
The limited permissions granted above are perpetual and will not be revoked by GravurExchange or its successors or assigns.
No warranty, expressed or implied, is made regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness of any information contained in this document or in any specification or other product or service produced or sponsored by GravurExchange. This document and the information contained herein and included in any specification or product or service of GravurExchange is provided on an “As Is” basis. GravurExchange disclaims all warranties of any kind, express or implied, including but not limited to, any actual or asserted warranty of non-infringement of proprietary rights, merchantability, or fitness for a particular purpose.
Neither GravurExchange nor its contributors shall be held liable for any improper or incorrect use of information. Neither GravurExchange not its contributors assume any responsibility for anyone’s use of information provided by GravurExchange. In no event shall GravurExchange or its contributors be liable to anyone for damages for any kind, including but not limited to compensatory damages, lost profits, lost data, or any form of special, incidental, indirect, consequential, or punitive damages of any kind whether based on breach of contract or warranty, tort, product liability, or otherwise.
- (D) Where, pursuant to a notification under this Policy, GravurExchange is aware at the time of publication of proprietary rights claimed with respect to an GravurExchange specification, or the technology described or referenced therein, such specification shall contain the following notice:
"GravurExchange has been notified of intellectual property rights claimed in regard to some or all of the contents of this specification. For more information consult the online list of claimed rights on a public disclosure area on the GravurExchange web site."
Definition of Contribution
Contributions are ideas, inventions, intellectual property, and/or documentation submitted by a Working Group participant that are reasonably understood by the Working Group participant at the time of submission to have been submitted for purposes of incorporation into the Working Group specifications.
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