Network Working Group P. Saint-Andre Internet-Draft Jabber Software Foundation Expires: October 18, 2004 April 19, 2004 An Agreement Between the Internet Society and the Jabber Software Foundation Regarding the Extensible Messaging and Presence Protocol (XMPP) draft-saintandre-jsf-isoc-00 Status of this Memo This document is an Internet-Draft and is in full conformance with all provisions of Section 10 of RFC2026. Internet-Drafts are working documents of the Internet Engineering Task Force (IETF), its areas, and its working groups. Note that other groups may also distribute working documents as Internet-Drafts. Internet-Drafts are draft documents valid for a maximum of six months and may be updated, replaced, or obsoleted by other documents at any time. It is inappropriate to use Internet-Drafts as reference material or to cite them other than as "work in progress." The list of current Internet-Drafts can be accessed at http:// www.ietf.org/ietf/1id-abstracts.txt. The list of Internet-Draft Shadow Directories can be accessed at http://www.ietf.org/shadow.html. This Internet-Draft will expire on October 18, 2004. Copyright Notice Copyright (C) The Internet Society (2004). All Rights Reserved. Abstract In 2002, the Jabber Software Foundation (JSF) contributed specifications for existing technologies to the Internet Standards Process conducted by the Internet Engineering Task Force (IETF). These specifications, which define the Extensible Messaging and Presence Protocol (XMPP), have recently been approved as Proposed Standards by the IETF. This memo consitutes offical public record of an agreement between the JSF and the Internet Society to acknowledge the transfer of change control over the aforementioned specifications from the JSF to the IETF. Saint-Andre Expires October 18, 2004 [Page 1] Internet-Draft ISOC / JSF Agreement on XMPP April 2004 1. Agreement This Agreement is made this 19th day of April 2004 by and between the Jabber Software Foundation ("Donor") and the Internet Society ("Licensee", which, for the purposes of this Agreement, shall include the Internet Engineering Task Force (IETF), the IETF Secretariat, the RFC Editor, and their respective members, officers, employees, contractors and participating individuals) with regard to the technical specifications of the Extensible Messaging and Presence Protocol (XMPP) contributed by the Jabber Software Foundation and referenced in Exhibit A ("Specifications"). In consideration of the mutual covenants and conditions set forth below, the parties hereto agree as follows: 1. License Grant. For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and solely for the purpose specified in Paragraph 2 below, Donor hereby grants to Licensee a cost-free, perpetual, non-exclusive, worldwide right and license under any copyrights owned or otherwise licensable by Donor and any other Donor intellectual property rights, to use, reproduce, distribute, perform, display and prepare derivative works of the Specifications, and to authorize others to do so. 2. Statement of Purpose. Pursuant to Section 9 ("Change control for technologies") of RFC 3668 ("Intellectual Property Rights in IETF Technology"), the licenses granted in Paragraph 1 are granted for the sole purpose of enabling Licensee to develop the Specifications into Internet Standards. 3. Evolution of the Specifications. In addition to the licenses granted in Paragraph 1, Donor further grants to Licensee a worldwide right and license to evolve, develop and modify the Specifications for the purpose of developing the Specifications into Internet Standards through the Internet Standards Process as specified in RFC 2026 ("The Internet Standards Process"), and to develop any future technical specifications that update or supersede the Specifications. Donor shall not grant a license involving the Specifications to any other party, including any other standards development organization, that would authorize such party to evolve, develop, modify or promote the Specifications as standards. Donor acknowledges that it shall not perform any evolution, development or modification of the Specifications outside of the Internet Standards Process. However, Donor reserves the non-exclusive right to develop extensions to the Specifications, as long as such extensions shall not comprise an evolution, development or modification of the Specifications themselves (normally such extensions shall be developed through the definition of protocols qualified by XML namespaces other than those described in the Specifications); Donor shall clearly indicate that any such extensions have been Saint-Andre Expires October 18, 2004 [Page 2] Internet-Draft ISOC / JSF Agreement on XMPP April 2004 developed outside the Internet Standards Process. 4. Licensee Use and Dissemination. Donor hereby acknowledges that this Agreement imposes no obligation on Licensee to publish or otherwise use or disseminate the Specifications, including, in particular, any obligation to advance the Specifications within Internet Standards Process. 5. Non-Confidentiality. Donor hereby acknowledges that Licensee assumes no obligation to maintain any confidentiality with respect to the Specifications licensed hereunder. Licensee acknowledges that any rights not expressly granted herein are reserved by Donor. Donor represents that, to the best of its knowledge, there are no infringement claims against the Specifications. 6. DISCLAIMER OF WARRANTY. THE SPECIFICATIONS ARE PROVIDED TO LICENSEES "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT ARE HEREBY DISCLAIMED. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DONOR BE LIABLE FOR ANY LOST REVENUE, PROFITS OR DATA, OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SPECIFICATIONS, EVEN IF DONOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. Acknowledgment. Donor agrees to permit Licensee to use Donor's name and address to indicate the original source of the Specifications. 9. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning its subject matter, and supersedes all prior written or oral agreements and discussions. All additions or modifications to this agreement must be made in writing and must be signed by an authorized representative of each party. If any term or condition of this Agreement is declared void or unenforceable as provided herein or by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The parties agree to comply strictly with all applicable export control laws and regulations. Where no U.S. Federal law governs, this agreement shall be governed by the law of the State of Colorado without reference to its conflict of laws provision. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. Signature /S/ Peter Saint-Andre Date 19 April 2004 Name Peter Saint-Andre Title Executive Director of the Jabber Software Foundation Signature /S/ Lynn St.Amour Date 19 April 2004 Saint-Andre Expires October 18, 2004 [Page 3] Internet-Draft ISOC / JSF Agreement on XMPP April 2004 Name Lynn St.Amour Title President and CEO of the Internet Society Exhibit A: The specifications embodied in the documents titled as follows: o Extensible Messaging and Presence Protocol (XMPP): Core o Extensible Messaging and Presence Protocol (XMPP): Instant Messaging and Presence 2. Security Considerations Because this document records an agreement and does not define a technology, security is not directly affected. Saint-Andre Expires October 18, 2004 [Page 4] Internet-Draft ISOC / JSF Agreement on XMPP April 2004 Intellectual Property Statement The IETF 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; neither does it represent that it has made any effort to identify any such rights. Information on the IETF's procedures with respect to rights in standards-track and standards-related documentation can be found in BCP-11. Copies of claims of rights made available for publication and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license or permission for the use of such proprietary rights by implementors or users of this specification can be obtained from the IETF Secretariat. The IETF invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights which may cover technology that may be required to practice this standard. Please address the information to the IETF Executive Director. Full Copyright Statement Copyright (C) The Internet Society (2004). All Rights Reserved. This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published and distributed, in whole or in part, without restriction of any kind, provided that the above copyright notice and this paragraph are included on all such copies and derivative works. However, this document itself may not be modified in any way, such as by removing the copyright notice or references to the Internet Society or other Internet organizations, except as needed for the purpose of developing Internet standards in which case the procedures for copyrights defined in the Internet Standards process 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 the Internet Society or its successors or assignees. This document and the information contained herein is provided on an "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION Saint-Andre Expires October 18, 2004 [Page 5] Internet-Draft ISOC / JSF Agreement on XMPP April 2004 HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Acknowledgment Funding for the RFC Editor function is currently provided by the Internet Society. Saint-Andre Expires October 18, 2004 [Page 6]