Paris action Item followup on suggested ITTF permission notices for use of schemas and similar technical resources

[Dave Welsh]

Hi -

I had an action item from the Paris meeting to deliver for the conference call on December 18. See reference JTC N 9845, DR 09-0269, and the e-mail thread http://mailman.vse.cz/pipermail/sc34wg4/2009-November/000941.html regarding JTC 1 Plenary Resolution 3 ‐ “ITTF permission notices for use of schemas and similar technical resources
specified in standards”.

We took the text Alex presented in Paris, below:

----begin

The following permission notice and disclaimer shall be included in all copies of this XML schema ("the Schema"), and derivations of the Schema:

Permission is hereby granted, free of charge in perpetuity, to any person obtaining a copy of the Schema, to use, copy, modify, merge and distribute free of charge, copies of the Schema for the purposes of developing, implementing, installing and using software based on the Schema, and to permit persons to whom the Schema is furnished to do so, subject to the following conditions:

THE SCHEMA IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SCHEMA OR THE USE OR OTHER DEALINGS IN THE SCHEMA.

In addition, any modified copy of the Schema shall include the following

notice:



THIS SCHEMA HAS BEEN MODIFIED FROM THE SCHEMA DEFINED IN ISO xxxxx-y, AND SHOULD NOT BE INTERPRETED AS COMPLYING WITH THAT STANDARD.

----end

And with legal counsel help made suggested changes that I hope meets everyone’s interests, below:

----begin

"COPYRIGHT LICENSE FOR SCHEMA”

This schema associated with [Name of Standard] (“Schema”) may be copied in whole or part, merged with other Schema, distributed, displayed and modified solely for the purposes of developing, implementing, installing and using software implementing the [Name of Standard] [in a compliant manner].  However, under no circumstances may the copyright notices or references to ISO be removed.

The permissions granted above are free of charge and perpetual and will not be revoked by ISO or its successors or assigns.

THIS SCHEMA IS PROVIDED ON AN “AS IS” BASIS AND ISO DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATOIN HEREIN WILL NOT INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTEIS OF MERCANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

To the extent allowed in applicable law, in no event shall ISO be liable for any direct, indirect, punitive, incidental, special, or  consequential damages, or any damages whatsoever arising out of or connected with the use or misuse of this Schema.

Except as explicitly granted in this COPYRIGHT LICENSE FOR SCHEMA, no patent or other license, immunity, or other right is granted or assigned either directly, indirectly, by implication, estoppel or otherwise.

This copyright license is governed and shall be construed in accordance with the laws of Switzerland.

If you have any difficulties concerning the above terms or if you have questions regarding copyright, please contact the following address:

----end

Many thanks to Alex for the original draft.

Thanks
Dave
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