XDI.ORG License
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This Work (the Technical Specifications, Global Services Specifications, and any associated software, documents, and other related items provided to you with notice of this License) is protected by patent, copyright, trademark, and other intellectual property rights (“IPRs”) owned or licensed by XDI.ORG. XDI.ORG provides the Work under the following license (“License”). By obtaining, using, or copying any portion of this Work, you (the “Licensee”) agree that you have read and will comply with the following terms and conditions:
1. Background
1.1. XDI is a set of Open Standard specifications as designated from time to time by XDI.ORG for a generalized, extensible service for identifying, addressing, sharing, linking, and synchronizing XDI Resources; currently the specifications published by the OASIS XDI Technical Committee.
1.2. XDI.ORG is a nonprofit international public trust organization to which the rights to XDI technology have been contributed in order to facilitate and promote the widespread adoption of XDI as an open trusted data sharing infrastructure.
1.3. XDI.ORG provides the patented technology and associated specifications, documents, and other related items on an Open Standards basis to encourage the further development, implementation, and deployment of XDI software, services, and infrastructure.
2. Definitions.
All terms that are capitalized in the License, and not otherwise defined in the text, are defined in Exhibit A and incorporated herein.
3. Ownership
3.1. XDI.ORG has a license from OneName Corporation dba Cordance (“Cordance”, www.cordance.net) with respect to the Patent Rights, including the right to sublicense.
3.2. XDI.ORG holds other IPRs for the Technical Specifications, Global Service Specifications, and other software, documents, and related items included or referenced in this Work, except where otherwise indicated.
3.3. Marks owned by XDI.ORG or third parties are so indicated in the Work.
4. Permission Granted by XDI.ORG
XDI.ORG grants Licensee a fully paid-up, irrevocable, royalty-free, worldwide license, on a non-exclusive basis, under the Patent Rights within the Field of Use, to make, have made, use, import, sell, offer to sell, and otherwise distribute or dispose of products and services, and also to copy, modify, and distribute the portions of this Work protected by copyright, trademark, and other Intellectual Property Rights apart from the Patent Rights, provided that Licensee either
(a) distributes such works under an Open Source or Free Software License or
(b) includes in such works a Conformance Attestation in a manner specified by XDI.ORG in the Technical Specifications.
5. Reciprocal licensing.
Licensee shall grant XDI.ORG or its delegate a reciprocal, fully paid-up, irrevocable, royalty-free, worldwide, non-exclusive license (including the right to grant sublicenses) to make, have made, use, import, sell, offer to sell, and otherwise distribute or dispose of works patented by Licensee, and to use, copy, modify, and distribute any works covered by Licensee’s copyright or other Intellectual Property Rights apart from patents, to the extent that such works are necessary to implement the Technical Specifications or the Global Service Specifications. Licensees that grant XDI.ORG reciprocal licenses under this section shall be entitled to notice from XDI.ORG in the event that XDI.ORG decides not to pay maintenance fees on the Patent Rights as they come due or otherwise allow the Patent Rights to lapse.
6. Assignment and succession.
This License is intended to bind successors and assigns, and XDI.ORG and Licensee shall take commercially reasonable steps to ensure that their respective successors and assigns are notified of their rights and obligations under this License.
7. Sublicensing.
Licensees shall be permitted to sublicense the rights granted hereunder to third parties on the condition that said third party is provided with a copy of this license and agrees to the same terms and conditions.
8. Notice to third parties.
In the event that Licensee distributes to third parties a copy of all or a portion of this Work, separately or incorporated into another work, Licensee shall conspicuously include the following with every copy:
8.1. The IPR notices found on the Work as published by XDI.ORG.
8.2. The full text of this License (or a hyperlink to the full text of this License, if the copy is distributed by Internet).
8.3. Attribution, in a derivative work, of XDI.ORG as a source of software, documents, or other items, with a URL or hyperlink to XDI.ORG’s website (currently found at www.xdi.org).
8.4. A Conformance Attestation if required per section (4).
9. Disclaimer of warranties and liabilities.
9.1. THIS WORK IS PROVIDED "AS IS," AND XDI.ORG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES OF SYSTEM INTEGRATION, DATA ACCURACY, OR QUIET ENJOYMENT, OR WARRANTIES THAT THE USE OF THE WORK WILL NOT INFRINGE ANY THIRD-PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS.
9.2. XDI.ORG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF OR RELIANCE ON THE WORK.
10. Trademark and publicity.
Apart from the notices required herein, Licensee shall not use the XDI.ORG name and trademarks in advertising or publicity without specific, written prior permission.
11. Indemnification.
Licensee shall defend, indemnify and hold XDI.ORG harmless from and against any and all actions, suits, or proceedings ("Claims") resulting in any losses, damages, judgments, awards, settlements, or expenses (including reasonable attorney's fees) (collectively, "Liabilities") arising from any breach of Licensee’s obligations under this License.
12. Term.
The license granted herein shall commence when licensee first obtains this Work and thereafter continue in each jurisdiction throughout the world for the statutory duration of the Patent Rights or other IPRs covered by this License in any such jurisdiction, unless earlier terminated in accordance with the terms hereof.
13. Termination.
In addition to any other available legal or equitable remedies, XDI.ORG may terminate the license granted herein if Licensee is in breach or default of any of the material terms and conditions of this Agreement, provided that Licensee shall not have cured (if capable of being cured) such breach or default within thirty (30) cumulative days after receipt of such notice. Please note that under the terms of XDI.ORG’s license from Cordance under the Patent Rights, any termination of XDI.ORG’s license shall not affect XDI.ORG’s sublicenses, which are to be automatically assigned to Cordance or to a non-profit organization operating for the benefit of the XDI Community.
14. General Terms.
14.1. Governing Law: This License shall be construed and controlled by the laws of the State of Washington without reference to conflict of laws principles.
14.2. Jurisdiction: The parties agree that all disputes arising in any way out of this License shall be heard exclusively in, and all parties irrevocably consent to jurisdiction and venue in, the United States District Court for the Western District of Washington or in King County Superior Court.
14.3. Not Partners: The parties hereto are independent entities and are not partners or joint venturers with each other.
Exhibits: The following Exhibits are attached hereto and incorporated by reference: Exhibit A (Definitions).
EXHIBIT A - DEFINITIONS
1. Conformance Attestation – As specified in the Technical Specifications, a collection of assertions in machine-readable XDI format (and including or linked to an equivalent human-readable format) by a licensee of conformance to the Technical Specifications, including identification of the version(s) of the Technical Specifications implemented, the features implemented, the interoperability testing performed, or other such assertions as may be determined from time to time by XDI.ORG to be in the best interests of the XDI Community to ensure the interoperability and integrity of XDI infrastructure.
2. Designated Global Services – I-Name Services, I-Number Services, Directory Services, Reputation Services, and Public Resolver Services as defined herein.
3. Directory Services – The Global Service of cross-referencing XRIs and XDI Resources in order to facilitate discovery, identification, and location of an XDI Resource by its associated XDI Resources. There are three Global Directory Services: Personal Directory Service, Organizational Directory Service, and General Directory Service.
4. Field of Use - The development and exploitation of computer programs to the extent that they conform to the Technical Specifications as first delivered and/or subsequently modified.
5. General Dictionary - The collection of XDI Resources representing General Resources and their definitions and relationships in taxonomies and ontologies as established and maintained by XDI.ORG to facilitate global data sharing by all members of the XDI Community.
6. General Resource – An XDI Resource that represents a generic concept, subject, or topic whose identity is defined by linguistic, cultural, or scientific convention.
7. General Service – A Global Service for General Resources identified using the Global Context Symbol “+”.
8. Global Context Symbols (GCS) – As defined in the XRI Specifications, the XRI syntax characters specified to represent abstract global context of an identifier, specifically “=” for personal identifiers, “@” for organizational identifiers, “+” for general identifiers, “$” for specification identifiers, and “!” for independent identifiers.
9. Global Service Provider (GSP) - An entity authorized by XDI.ORG to provide and to contract for the provision of Global Services.
10. Global Service Specifications - The specifications published by XDI.ORG governing the operation of each Global Service, including the specifications for Conformance Attestations and other mechanisms for ensuring interoperability, to be initially provided to XDI.ORG, in each case, by the primary GSP for the applicable Global Service prior to the commencement of such Global Service, and to be maintained by XDI.ORG as a service to the XDI Community.
11. Global Services - The set of XDI interactions that shall be offered by XDI.ORG to all members of the XDI Community to facilitate interoperability of XDI infrastructure, including but not limited to the Designated Global Services.
12. I-Broker – A provider of XDI services.
13. I-Name Services – The Global Service of registering, reserving, reassigning, and resolving reassignable XRIs via Registries represented by the Global Context Symbols as defined by the XRI specifications. There are three Global I-Name Services: Personal I-Name Service, Organizational I-Name Service, and General I-Name Service.
14. Independent I-Number – A persistent XRI assigned to identify an XDI Resource independent of another GCS context.
15. Independent I-Number Service – An I-Number Service for Independent I-Numbers assigned using the Global Context Symbol “!”.
16. Intellectual Property Rights - All rights in patent, trademark, copyright, trade secret and know-how.
17. I-Number Services – The Global Service of registering, resolving, and retiring persistent XRIs via Registries represented by the Global Context Symbols as defined by the XRI specifications. There are four Global I-Number Services: Personal I-Number Service, Organizational I-Number Service, General I-Number Service, and Independent I-Number Service.
18. OASIS – The Organization for the Advancement of Structured Information Standards, a non-profit standards body for XML e-business standards. See http://www.oasis-open.org.
19. Open Source or Free Software License - A license certified by the Open Source Initiative or the Free Software Foundation or any equivalent license that does not restrict the open public review, modification, distribution, and evolution of the source code of a product or service.
20. Open Standard -– As defined on September 13, 2004 at http://www.perens.com/OpenStandards/Definition.html, a specification whose licensing ensures that it is publicly available to implement, that it maximizes end-user choice of vendors and implementations, that it does not require a royalty or fee to implement with the potential exception of compliance certification, that it does not discriminate against vendors or implementations, and that it permits extensions or subsets that are consistent with the standard yet may preclude predatory "embrace and enhance" practices.
21. Organizational Resource - An XDI Resource representing any legal entity or mark that does not represent a Personal Resource or a General Resource.
22. Organizational Service – A Global Service for Organizational Resources identified using the Global Context Symbol “@”.
23. Patent Rights - (1) United States letter of patent issued under numbers 5,862,325; 6,044,205; 6,088,717, 6,345,288, and 6,757,710; (2) any and all United States or foreign letter of patent, utility models and/or application therefore, claiming priority, in whole or in part, from any of the letters of patent identified herein in (1) of this definition; (3) any and all divisionals, continuations, continuations in part, continued prosecution applications, reexamination, reissues, additional or extension of any of the letters of patent or utility models identified herein in (1) and (2) of this definition.
24. Personal Resource – An XDI Resource representing a natural-born person.
25. Personal Service – A Global Service for Personal Resources identified using the Global Context Symbol “=”.
26. Public Resolver Services – The Global Service of providing XRI resolution of globally-registered XRIs via one or more publicly available network endpoints. There are two Global Public Resolver Services: Standard Public Resolver Service, which provides resolution service conformant to the XRI Generic Syntax and Resolution Specification, and Trusted Public Resolver Service, which provides resolution service conformant to the XRI Trusted Resolution Specification.
27. Registrant - A member (individual or organization) of the XDI Community that enrolls with a Registrar to obtain Global Services.
28. Registrar - An I-Broker registered with a Global Service Provider to provide the service of enrolling Registrants to obtain Global Services for which registration is required.
29. Registry – The XDI Resource maintained by a Global Service Provider to provide Global Services requiring registration and resolution of XRIs.
30. Reputation Services – The Global Service of aggregating feedback on XDI Resources by other XDI Resources to enable discovery, identification, location, and evaluation of a Resource by its reputation. There are three Global Reputation Services: Personal Reputation Service, Organizational Reputation Service, and General Reputation Service.
31. Resource – As defined in the OASIS XRI Generic Syntax and Resolution Specification 1.0, “anything that can be named or described.”
32. Technical Specifications - The specifications defining and governing the interoperability and integrity of XDI infrastructure, including the XDI Specifications, the specifications for Conformance Attestations, and any other specifications designated from time to time by XDI.ORG and subsequently modified, amended, revised or enhanced in accordance with the terms set forth in this Agreement.
33. XDI – XRI Data Interchange as defined by the XDI Specifications.
34. XDI Community – The users and providers of XDI infrastructure.
35. XDI Resource – A Resource identified with at least one XRI that supports interactions via XDI.
36. XDI Specifications – The Open Standard specifications for a generalized, extensible service for identifying, addressing, sharing, linking, and synchronizing XDI Resources as designated from time to time by XDI.ORG; currently the specifications published by the OASIS XDI Technical Committee.
37. XNS – Extensible Name Service, the name used for the first set of Technical Specifications submitted by OneName (predecessor to CORDANCE) to XNSORG (predecessor to XDI.ORG).
38. XNS Public Trust Organization (XNSORG) – The original legal name for XDI.ORG and its successors in interest.
39. XRI – An Extensible Resource Identifier as defined by the XRI Specifications.
40. XRI Specifications – The Open Standard specifications for abstract identifiers used by XDI technology as designated from time to time by XDI.ORG; currently the specifications published by the OASIS XRI Technical Committee.