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Saint-Andre 3 Internet-Draft Jabber Software Foundation 4 Expires: October 18, 2004 April 19, 2004 6 An Agreement Between the Internet Society and the Jabber Software 7 Foundation Regarding the Extensible Messaging and Presence Protocol 8 (XMPP) 9 draft-saintandre-jsf-isoc-00 11 Status of this Memo 13 This document is an Internet-Draft and is in full conformance with 14 all provisions of Section 10 of RFC2026. 16 Internet-Drafts are working documents of the Internet Engineering 17 Task Force (IETF), its areas, and its working groups. Note that other 18 groups may also distribute working documents as Internet-Drafts. 20 Internet-Drafts are draft documents valid for a maximum of six months 21 and may be updated, replaced, or obsoleted by other documents at any 22 time. It is inappropriate to use Internet-Drafts as reference 23 material or to cite them other than as "work in progress." 25 The list of current Internet-Drafts can be accessed at http:// 26 www.ietf.org/ietf/1id-abstracts.txt. 28 The list of Internet-Draft Shadow Directories can be accessed at 29 http://www.ietf.org/shadow.html. 31 This Internet-Draft will expire on October 18, 2004. 33 Copyright Notice 35 Copyright (C) The Internet Society (2004). All Rights Reserved. 37 Abstract 39 In 2002, the Jabber Software Foundation (JSF) contributed 40 specifications for existing technologies to the Internet Standards 41 Process conducted by the Internet Engineering Task Force (IETF). 42 These specifications, which define the Extensible Messaging and 43 Presence Protocol (XMPP), have recently been approved as Proposed 44 Standards by the IETF. This memo consitutes offical public record of 45 an agreement between the JSF and the Internet Society to acknowledge 46 the transfer of change control over the aforementioned specifications 47 from the JSF to the IETF. 49 1. Agreement 51 This Agreement is made this 19th day of April 2004 by and between the 52 Jabber Software Foundation ("Donor") and the Internet Society 53 ("Licensee", which, for the purposes of this Agreement, shall include 54 the Internet Engineering Task Force (IETF), the IETF Secretariat, the 55 RFC Editor, and their respective members, officers, employees, 56 contractors and participating individuals) with regard to the 57 technical specifications of the Extensible Messaging and Presence 58 Protocol (XMPP) contributed by the Jabber Software Foundation and 59 referenced in Exhibit A ("Specifications"). In consideration of the 60 mutual covenants and conditions set forth below, the parties hereto 61 agree as follows: 63 1. License Grant. For good and valuable consideration, receipt and 64 sufficiency of which is hereby acknowledged, and solely for the 65 purpose specified in Paragraph 2 below, Donor hereby grants to 66 Licensee a cost-free, perpetual, non-exclusive, worldwide right 67 and license under any copyrights owned or otherwise licensable by 68 Donor and any other Donor intellectual property rights, to use, 69 reproduce, distribute, perform, display and prepare derivative 70 works of the Specifications, and to authorize others to do so. 71 2. Statement of Purpose. Pursuant to Section 9 ("Change control for 72 technologies") of RFC 3668 ("Intellectual Property Rights in IETF 73 Technology"), the licenses granted in Paragraph 1 are granted for 74 the sole purpose of enabling Licensee to develop the 75 Specifications into Internet Standards. 76 3. Evolution of the Specifications. In addition to the licenses 77 granted in Paragraph 1, Donor further grants to Licensee a 78 worldwide right and license to evolve, develop and modify the 79 Specifications for the purpose of developing the Specifications 80 into Internet Standards through the Internet Standards Process as 81 specified in RFC 2026 ("The Internet Standards Process"), and to 82 develop any future technical specifications that update or 83 supersede the Specifications. Donor shall not grant a license 84 involving the Specifications to any other party, including any 85 other standards development organization, that would authorize 86 such party to evolve, develop, modify or promote the 87 Specifications as standards. Donor acknowledges that it shall 88 not perform any evolution, development or modification of the 89 Specifications outside of the Internet Standards Process. 90 However, Donor reserves the non-exclusive right to develop 91 extensions to the Specifications, as long as such extensions 92 shall not comprise an evolution, development or modification of 93 the Specifications themselves (normally such extensions shall be 94 developed through the definition of protocols qualified by XML 95 namespaces other than those described in the Specifications); 96 Donor shall clearly indicate that any such extensions have been 97 developed outside the Internet Standards Process. 98 4. Licensee Use and Dissemination. Donor hereby acknowledges that 99 this Agreement imposes no obligation on Licensee to publish or 100 otherwise use or disseminate the Specifications, including, in 101 particular, any obligation to advance the Specifications within 102 Internet Standards Process. 103 5. Non-Confidentiality. Donor hereby acknowledges that Licensee 104 assumes no obligation to maintain any confidentiality with 105 respect to the Specifications licensed hereunder. Licensee 106 acknowledges that any rights not expressly granted herein are 107 reserved by Donor. Donor represents that, to the best of its 108 knowledge, there are no infringement claims against the 109 Specifications. 110 6. DISCLAIMER OF WARRANTY. THE SPECIFICATIONS ARE PROVIDED TO 111 LICENSEES "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, 112 EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, 113 MERCHANTABILITY AND NONINFRINGEMENT ARE HEREBY DISCLAIMED. 114 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DONOR BE LIABLE FOR 115 ANY LOST REVENUE, PROFITS OR DATA, OR FOR DIRECT, SPECIAL, 116 INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER 117 CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE 118 USE OR INABILITY TO USE THE SPECIFICATIONS, EVEN IF DONOR HAS 119 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 120 8. Acknowledgment. Donor agrees to permit Licensee to use Donor's 121 name and address to indicate the original source of the 122 Specifications. 123 9. Miscellaneous. This Agreement constitutes the entire agreement 124 between the parties concerning its subject matter, and supersedes 125 all prior written or oral agreements and discussions. All 126 additions or modifications to this agreement must be made in 127 writing and must be signed by an authorized representative of 128 each party. If any term or condition of this Agreement is 129 declared void or unenforceable as provided herein or by a court 130 of competent jurisdiction, the remaining provisions shall remain 131 in full force and effect. The parties agree to comply strictly 132 with all applicable export control laws and regulations. Where 133 no U.S. Federal law governs, this agreement shall be governed by 134 the law of the State of Colorado without reference to its 135 conflict of laws provision. 137 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to 138 be executed by their duly authorized representatives. 140 Signature /S/ Peter Saint-Andre Date 19 April 2004 141 Name Peter Saint-Andre 142 Title Executive Director of the Jabber Software Foundation 144 Signature /S/ Lynn St.Amour Date 19 April 2004 145 Name Lynn St.Amour 146 Title President and CEO of the Internet Society 148 Exhibit A: The specifications embodied in the documents titled as 149 follows: 151 o Extensible Messaging and Presence Protocol (XMPP): Core 152 o Extensible Messaging and Presence Protocol (XMPP): Instant 153 Messaging and Presence 155 2. Security Considerations 157 Because this document records an agreement and does not define a 158 technology, security is not directly affected. 160 Intellectual Property Statement 162 The IETF takes no position regarding the validity or scope of any 163 intellectual property or other rights that might be claimed to 164 pertain to the implementation or use of the technology described in 165 this document or the extent to which any license under such rights 166 might or might not be available; neither does it represent that it 167 has made any effort to identify any such rights. Information on the 168 IETF's procedures with respect to rights in standards-track and 169 standards-related documentation can be found in BCP-11. Copies of 170 claims of rights made available for publication and any assurances of 171 licenses to be made available, or the result of an attempt made to 172 obtain a general license or permission for the use of such 173 proprietary rights by implementors or users of this specification can 174 be obtained from the IETF Secretariat. 176 The IETF invites any interested party to bring to its attention any 177 copyrights, patents or patent applications, or other proprietary 178 rights which may cover technology that may be required to practice 179 this standard. Please address the information to the IETF Executive 180 Director. 182 Full Copyright Statement 184 Copyright (C) The Internet Society (2004). All Rights Reserved. 186 This document and translations of it may be copied and furnished to 187 others, and derivative works that comment on or otherwise explain it 188 or assist in its implementation may be prepared, copied, published 189 and distributed, in whole or in part, without restriction of any 190 kind, provided that the above copyright notice and this paragraph are 191 included on all such copies and derivative works. However, this 192 document itself may not be modified in any way, such as by removing 193 the copyright notice or references to the Internet Society or other 194 Internet organizations, except as needed for the purpose of 195 developing Internet standards in which case the procedures for 196 copyrights defined in the Internet Standards process must be 197 followed, or as required to translate it into languages other than 198 English. 200 The limited permissions granted above are perpetual and will not be 201 revoked by the Internet Society or its successors or assignees. 203 This document and the information contained herein is provided on an 204 "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING 205 TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING 206 BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION 207 HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF 208 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 210 Acknowledgment 212 Funding for the RFC Editor function is currently provided by the 213 Internet Society.