One document matched: draft-saintandre-jsf-isoc-00.txt

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.





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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



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       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



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      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.





































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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



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   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.











































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