The Collaborator Licence Agreement in this document has been replaced by the agreement in the document "ISA Contributor Agreement v1.1" (PDF version here). Please go to this document to consult and sign the agreement.

This document contains the first draft Collaborator Licence Agreement, which every ADMS.F/OSS Working Group member must sign to allow the EU to release the specification under the ISA Open Metadata Licence v1.0. The Licence has been Updated and the current version is the ISA Open Metadata Licence v1.1

Motivation

The ADMS.F/OSS specification developed within the AMDS.F/OSS project on Joinup will be published under the ISA Open Metadata Licence v1.0 that will allow its free use and redistribution, with or without modifications, for commercial and non-commercial purposes. To grant the rights of free use and reuse on the outgoing side, the European Union must acquire sufficient rights on the incoming side. For this the European Union must conclude a Collaborator Licence Agreement (CLA) with all collaborators (Working Group members) who have contributed intellectual property in the process of specifying the ADMS.F/OSS vocabulary. This will allow defending the specification if a legal dispute arises concerning the contributed content. The EC will ensure that sufficient evidence of agreement with the Contributor Licence Agreement is collected by asking the contributors to (electronically) sign the Contributor Licence Agreement.

Collaborator Licence Agreement (outdated, see new version)

The Collaborator vouches that he/she has all rights necessary to license his/her contribution to the ADMS.F/OSS project on the Joinup platform in a way that does not violate copyright, patent, and trademark rights, contractual obligations, or libel and export control regulations.

The Collaborator hereby grants to the European Union, a perpetual, non-exclusive, royalty-free, world-wide right and licence under any Collaborator copyrights in his or her contributions to publicly display, publicly perform, copy, sub-license, publish, use, and modify the contributions and to distribute the contribution under an Open License or one with more restrictive terms, as well as a right and licence of the same scope to any derivative works prepared by European Commission and based on, or incorporating all or part of the contribution. The Collaborator further agrees that any derivative works of his contribution prepared by the European Commission shall be solely owned by the European Union. For significant contributions, the European Commission will retain attribution within Action 1.1 of the ISA Programme as far as is practical. The European Commission makes no a priori commitment to support contributions.

Unless the Collaborator, upon joining a Working Group as indicated in the Process and Methodology for Core Vocabularies, indicates a patent number and the exact claims he is not willing to license, the Collaborator agrees to make available his contributions under the following licensing requirements:

• The Collaborators will make available all essential claims that he or she owns or has the right to license and that read on any of the works within the Joinup platform Working Group they join.
• The license may not be conditioned on payment of royalties, fees or similar consideration.
• The Collaborator will make available all essential claims as stated above to any third party without a possibility for discrimination.
• The patent licensing commitments herein are limited to the use and implementation of the assets produced by the Working Group, the Collaborator is joining.
• The licence given by the Collaborator may be suspended if the licensee sues the licensor for any other patent infringement.
• The commitments of the license are binding for the lifetime of the patent, regardless of the later status of participation.
• The commitment given extends to derivative works unless the Collaborator's contributions are themselves changed.
• Except as specifically set forth in this Agreement, no other express or implied patent, trademark, copyright, or other property rights are granted under this Agreement, including by implication, waiver, or estoppel.

Nature of documentation: Legal document