== Non-Exclusive License Agreement for AdsML Consortium Specifications ==
Copyright 2011 AdsMLConsortium. All rights reserved. Copyright Acknowledgements: The AdsMLNon-Exclusive License Agreement is based in part on the "Non-Exclusive License Agreement" on
Page iii of "OpenTravelAlliance Message Specifications - Publication 2001A", September 27,
2001, Copyright2001. OpenTravelAlliance, Inc. The AdsML Code of Conduct is based on the
"OTA Code of Conduct" on Page ix of "OpenTravelAlliance Message Specifications - Publication
2001A", September 27, 2001, Copyright2001. OpenTravelAlliance, Inc. Non-Exclusive License
Agreement for AdsML Consortium Specifications USER LICENSE IMPORTANT: AdsMLConsortium
specifications and related documents, whether the document be in a paper or electronic format,
are made available to you subject to the terms stated below. Please read the following
carefully. 1. All AdsMLConsortium Copyrightable Works are licensed for use only on the
condition that the users agree to this license, and this work has been provided according to
such an agreement. Subject to these and other licensing requirements contained herein, you
may, on a non-exclusive basis, use the Specification. 2. The AdsMLConsortium openly provides
this specification for voluntary use by individuals, partnerships, companies, corporations,
organizations and any other entity for use at the entity’s own risk. This disclaimer, license
and release is intended to apply to the AdsMLConsortium, its officers, directors, agents,
representatives, members, contributors, affiliates, contractors, or coventurers (collectively
the AdsMLConsortium) acting jointly or severally. 3. 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 Usage License 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 AdsMLConsortium, except as needed for the purpose of developing AdsMLspecifications, in which case the procedures for copyrights defined in the AdsMLProcess
document 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 AdsMLor its
successors or assigns. 4. Any use, duplication, distribution, or exploitation of the
Specification in any manner is at your own risk. 5. NO WARRANTY, EXPRESSED OR IMPLIED, IS MADE
REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY
INFORMATION CONTAINED IN THIS DOCUMENT OR IN ANY SPECIFICATION OR OTHER PRODUCT OR SERVICE
PRODUCED OR SPONSORED BY THE ADSMLCONSORTIUM. THIS DOCUMENT AND THE INFORMATION CONTAINED
HEREIN AND INCLUDED IN ANY SPECIFICATION OR OTHER PRODUCT OR SERVICE OF THE ADSMLCONSORTIUM
IS PROVIDED ON AN "AS IS" BASIS. THE ADSMLCONSORTIUM DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY ACTUAL OR ASSERTED WARRANTY OF
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THE ADSMLCONSORTIUM NOR ITS CONTRIBUTORS SHALL BE HELD LIABLE FOR ANY IMPROPER OR
INCORRECT USE OF INFORMATION. NEITHER THE ADSMLCONSORTIUM NOR ITS CONTRIBUTORS ASSUME ANY
RESPONSIBILITY FOR ANYONE'S USE OF INFORMATION PROVIDED BY THE ADSMLCONSORTIUM. IN NO EVENT
SHALL THE ADSMLCONSORTIUM OR ITS CONTRIBUTORS BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA OR ANY FORM OF
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER BASED ON
BREACH OF CONTRACT OR WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE. 6. The AdsMLConsortium
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. The AdsMLConsortium does not represent that it has made any effort to identify
any such rights. Copies of claims of rights made available for publication, 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 implementers or users of this
specification, can be obtained from the Secretariat of the AdsMLConsortium. 7. By using this
specification in any manner or for any purpose, you release the AdsMLConsortium from all
liabilities, claims, causes of action, allegations, losses, injuries, damages, or detriments
of any nature arising from or relating to the use of the Specification or any portion thereof.
You further agree not to file a lawsuit, make a claim, or take any other formal or informal
legal action against the AdsMLConsortium, resulting from your acquisition, use, duplication,
distribution, or exploitation of the Specification or any portion thereof. Finally, you hereby
agree that the AdsMLConsortium is not liable for any direct, indirect, special or
consequential damages arising from or relating to your acquisition, use, duplication,
distribution, or exploitation of the Specification or any portion thereof. 8. This User
License is perpetual subject to your conformance to the terms of this User License. The AdsMLConsortium may terminate this User License immediately upon your breach of this agreement and,
upon such termination you will cease all use duplication, distribution, and/or exploitation in
any manner of the Specification. 9. This User License reflects the entire agreement of the
parties regarding the subject matter hereof and supercedes all prior agreements or
representations regarding such matters, whether written or oral. To the extent any portion or
provision of this User License is found to be illegal or unenforceable, then the remaining
provisions of this User License will remain in full force and effect and the illegal or
unenforceable provision will be construed to give it such effect as it may properly have that
is consistent with the intentions of the parties. This User License may only be modified in
writing signed by an authorized representative of the AdsMLConsortium. This User License
will be governed by the law of Darmstadt (Federal Republic of Germany), as such law is applied
to contracts made and fully performed in Darmstadt (Federal Republic of Germany). Any disputes
arising from or relating to this User License will be resolved in the courts of Darmstadt
(Federal Republic of Germany). You consent to the jurisdiction of such courts over you and
covenant not to assert before such courts any objection to proceeding in such forums. 10.
Except as expressly provided herein, you may not use the name of the AdsMLConsortium, or any
of its marks, for any purpose without the prior consent of an authorized representative of the
owner of such name or mark. IF YOU DO NOT AGREE TO THESE TERMS PLEASE CEASE ALL USE OF THIS
SPECIFICATION NOW. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT THE SECRETARIAT
OF THE ADSMLCONSORTIUM. AS OF THE DATE OF THIS REVISION OF THE SPECIFICATION YOU MAY CONTACT
THE AdsMLConsortium at www.adsml.org. |