Intellectual Property Agreement
By the act of Your submission of comments or other materials for review to Ecma International TC45, you (on behalf of yourself and your employer and its Affiliates if you are providing a submission on behalf of your employer or its Affiliate, which are altogether referred to as “You” herein) agree to the following terms:
1. Copyright - You hereby grant to Ecma International a perpetual, irrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to directly and indirectly sublicense, to copy, publish, and distribute your submission in any way, and to prepare derivative works that are based on or incorporate all or part of the submission, solely for the purpose of developing and promoting the Ecma International Specification or Ecma International Standard and enabling the implementation of the same by any third parties.
2. Essential Claims, and Licensing Obligations - You covenant to grant a patent license under any patent claims that You own or control that become Essential Claims because of the incorporation of all or part of your submission into the Ecma International Specification or Ecma International Standard, on reasonable and non-discriminatory (RAND) terms. Patent Claims are Essential Patent claims if they are necessarily infringed on a technical basis by implementation of any mandatory or optional portion of the Ecma International Specification or Ecma International Standard that incorporates all or part of Your submission. Your licensing obligation hereunder extends to all Essential Claims You own or control not only at the time of making the submission, but at any time thereafter.
3. Right to Provide - You warrant to the best of your knowledge that You have all necessary rights to provide this submission and, You warrant that You have all necessary rights and authority to bind Yourself to the licensing obligations provided above. You agree to hold Ecma International, and any third party implementing the Ecma International Specification or Ecma International Standard that incorporates all or part of Your submission, harmless from any damages resulting from Your failure to have the rights you warrant that you have hereunder.
4. Confidentiality - You further warrant that no part of this submission contains any information that is confidential or subject to an obligation of Yours to keep it confidential, and that Ecma International may freely disclose any or all of the submission to any party in any manner.
5. No requirement to Use - You also acknowledge that Ecma International is not required to incorporate your submission, or any part thereof, into any version of any Ecma International Specification or Ecma International Standard.