Re: Eben wonders ("no comfort at all")

[Alexander Terekhov]

http://www.microsoft.com/interop/msnovellcollab/community.mspx

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Community Commitments - Microsoft & Novell Interoperability
Collaboration

Published: November 2, 2006 | Updated: November 2, 2006

On This Page

Microsoft’s Patent Pledge for Individual Contributors to openSUSE.org   
Microsoft’s Patent Pledge for Non-Compensated Developers
Links


Microsoft’s Patent Pledge for Individual Contributors to openSUSE.org

>From time to time, individual developers wish to contribute their
authored code to openSUSE.org projects. It is Microsoft’s intent that
this pledge be legally binding and enforceable as to such individual
contributors according to the terms below.

Non-Assertion of Patents Pledge

Microsoft hereby covenants not to assert Microsoft Patents against each
Individual Contributor (also referred to as “You”) for Your distribution
of Your personally authored original work (“Original Work”) directly to
openSUSE.org, but only if, and to the extent, (i) Your Original Work
becomes part of SUSE Linux, SUSE Linux Enterprise Desktop or SUSE Linux
Enterprise Server, and (ii) You ensure that as a result of Your
contribution, openSUSE.org, and all further recipients of Your Original
Work, do not receive any licenses, covenants or any other rights under
any Microsoft intellectual property. This pledge is personal to You and
does not apply to any use or distribution of Your Original Work by
others.

There are a variety of ways to satisfy the requirement under section
(ii) above. For example, one way to satisfy the requirement under US law
is for openSUSE.org to include the following provision as is in its
binding contribution agreement with You:

openSUSE.org agrees that as a condition of receiving the attached
contribution of Your Original Work, openSUSE.org does not receive from
You the contributor any licenses, covenants or any other rights under
any Microsoft intellectual property with respect to that Original Work,
and openSUSE.org will ensure that all further recipients of this
Original Work will be subject to this same condition. “Original Work”
has the meaning as set forth in Microsoft’s Patents Pledge for
Individual Contributors to openSUSE.org.

An “Individual Contributor” is an individual open source software
developer (and not any corporation, partnership or other legal entity).
All Microsoft’s utility patents worldwide are subject to this pledge to
the extent they are owned or controlled by Microsoft or its majority
owned subsidiaries.

Reservation of Rights

Microsoft reserves the right to terminate and revoke this pledge to You,
as of the date granted, if You or an entity that You control asserts a
patent infringement claim against a Microsoft product, service or
technology.

Microsoft further reserves the right to terminate this pledge and revoke
this pledge to You upon the expiration or termination of that certain
patent agreement entered into by and between Microsoft and Novell Inc.,
dated as of November 2, 2006.

In addition, Microsoft reserves the right to prospectively update and
revise the terms of this pledge, for example to accommodate applicable
laws, rules, orders or regulations. The rights provided under this
pledge are personal to You and are not for the benefit of others. All
rights not expressly granted in this pledge are reserved by Microsoft.


Microsoft’s Patent Pledge for Non-Compensated Developers

Many software developers, often referred to as “hobbyists,” write code
not with the expectation of making money, but because they enjoy solving
technical challenges and participating in a community of enthusiasts who
recognize and encourage one another’s talents. One such community of
hobbyist developers participate in the development of open source
software. To further encourage these efforts, this pledge provides
non-compensated individual hobbyist developers royalty-free use of
Microsoft patents as set forth below.

It is Microsoft’s intent that this pledge be legally binding and
enforceable as to individual hobbyist developers according to the terms
below.

Non-Assertion of Patents Pledge

Microsoft hereby covenants not to assert Microsoft Patents against each
Non-Compensated Individual Hobbyist Developer (also referred to as
“You”) for Your personal creation of an originally authored work
(“Original Work”) and personal use of Your Original Work. This pledge is
personal to You and does not apply to the use of Your Original Work by
others or to the distribution of Your Original Work by You or others. A
“Non-Compensated Individual Hobbyist Developer” is an individual
software developer (i.e., a person and not any corporation, partnership
or other legal entity), including a developer of open source software,
who receives no monetary payment or any other forms of consideration
that can be valued monetarily for their creation of their Original
Works. The fact that You may be employed as a software developer by, and
receive a salary from, a corporation, partnership or other legal entity,
does not disqualify You from treatment as a “Non-Compensated Individual
Hobbyist Developer” under this pledge, provided Your activities related
to the creation of Your Original Work are performed during Your free
time and outside the scope of Your employment. The Microsoft Patents
subject to this pledge are all patents issued world-wide to the extent
they are owned or controlled by Microsoft or its majority owned
subsidiaries. For additional information on obtaining rights under
Microsoft patents to contribute Your Original Work to an open source
project, please see Microsoft’s Patent Pledge for Hobbyist Contributors.

Microsoft reserves the right to terminate and revoke this pledge to You,
as of the date granted, if You or an entity that You control asserts a
patent infringement claim against a Microsoft product, service or
technology.

Reservation of Rights

Microsoft further reserves the right to prospectively update and revise
the terms of this pledge, for example to accommodate applicable laws,
rules, orders or regulations. The rights provided under this pledge are
personal to You and are not for the benefit of others. All rights not
expressly granted in this pledge are reserved by Microsoft. 
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regards,
alexander.