Specification: SSC_Scheduling_v1 ("Specification")
Version: 1.0
Release: October 2, 2023
a. Compliant Implementations. Each Licensor hereby grants You a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense), subject to the provisions of Section 3, under any Necessary Claims of Licensor, to make, have made, use, sell and import Licensed Products. No right is granted with respect to any portion of Licensed Products that is not required to fully implement the Specification. No right, title, or interest in or to any trademarks, service marks, or trade names of any Licensor or its Affiliates is granted hereunder.
b. Grant-back. The license granted under Section 1a is conditioned upon Your offering on fair, reasonable, non-discriminatory, and royalty-free terms, to any party seeking it from You, a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up, royalty free license under any of Your Necessary Claims, on substantially the same terms of this agreement.
c. Defensive Termination. If You make a written claim alleging that any Licensed Product infringes, directly or indirectly, any of your Necessary Claims, your license granted in Section 1a will immediately terminate, retroactive to the date the claim was made.
THE SPECIFICATION AND LICENSES PROVIDED HEREUNDER ARE PROVIDED "AS IS". NO LICENSOR MAKES ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ANY LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR HAVING, IMPLEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN IF LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
"Affiliate" means any entity controlled by or under common control with an entity.
"Licensed Products" means any product or service that, absent the license granted in Section 1a or 1b, would be infringed by any Necessary Claim, but only to the extent such product or service fully implements the Specification, including all its required interfaces and functionality.
"Licensor" means each of the members of the Working Group who have agreed to this license for the Specification.
"Necessary Claims" means any patent claims owned, controlled, or licensable by a party or its Affiliates that are necessarily infringed by implementing the Specification, where necessarily means there is no commercially reasonable alternative non-infringing way of implementing the Specification. Necessary Claims for the Specification do not include any claims that would not be infringed but for the implementation of elective elements expressly identified in the Specification.
"You" means any recipient of the Specification.
a. Any action arising out of or related to this agreement will be governed by California law and applicable US law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.
b. The Specification is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You must comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required.
c. This agreement is the parties’ entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized representative of each party.
Except where otherwise noted, this document is subject to a Creative Commons Attribution Share-Alike 2.0 License.