Product Lifecycle Management Workgroup Patent Non-Assert Covenants and Licenses

The Covenants or Licenses by the participants of the PLM workgroup for certain OSLC specifications are documented below. The terms, scope and effect of any of the Covenants and Licenses documented below, cannot be changed, altered, or modified without the explicit written authorization from an authorized representative of the participant that granted the Covenant or License. Therefore, any change in these introductory paragraphs must also be authorized in writing by an authorized representative of all the participants that have granted a Covenant or License below.

The PLM workgroup has tasked itself with addressing cross-lifecycle integrations with a special focus on bridging Product and Application Lifecycle integrations. To that end, the workgroup encourages adoption of the OSLC specifications that support these objectives, and specifically the list of OSLC specifications that follow (for purposes of the Covenants and Licenses below, "Covered Specification" is defined to mean the list of specifications explicitly listed below). This list may grow based on the continuing efforts of the workgroup and with the explicit approval of all the workgroup participants, and subject to the written authorizations discussed in the first paragraph.

Covered Specification:

EADS UK Ltd.

Contributor (“EADS UK Ltd.”) wants to encourage broad adoption of this specification (“Covered Specification”). Therefore, Contributor irrevocably covenants to you that it will not assert any Necessary Claims¹ against any party (“User”) for making, using, importing, selling, or offering for sale Covered Implementations². However, this covenant will become void, and Contributor reserves the right to assert its Necessary Claims against User, if User (or anyone acting in concert with such party) asserts any Necessary Claims against any Covered Implementations of Contributor or of any third party. This covenant is available to everyone directly from Contributor, and does not flow from User to User’s suppliers, business partners, distributors, customers or others. Therefore, if User’s supplier, business partner, distributor, customer or other party independently takes an action that voids the covenant as to itself, Contributor reserves the right to assert its Necessary Claims against that party, even though this covenant will remain in effect for User.

By making this irrevocable patent covenant with regard to Covered Specification, Contributor does not represent that it holds any or all Necessary Claims regarding Covered Specification.

Any agreement in which Contributor transfers a Necessary Claim (or patent or patent application that includes it) will state that those who later get rights to the Necessary Claim are bound by Contributor’s commitments under this covenant or the Contributor will retain the right to grant such rights to future implementers in order to fulfill Contributor’s commitments under this covenant.

Definitions:

¹"Necessary Claims" are those patent claims that can not be avoided by any commercially reasonable, compliant implementation of the Required Portions of a Covered Specification. "Required Portions" are those portions of a specification that must be implemented to comply with such specification. If the specification prescribes discretionary extensions, Required Portions include those portions of the discretionary extensions that must be implemented to comply with such discretionary extensions.

²"Covered Implementations" are those specific portions of a product (hardware, software, services or combinations thereof) that implement and comply with a Covered Specification and are included in a compliant implementation of that Covered Specification. Reference to User includes entities controlled by, controlling, and under common control with User, based on majority control.

General Motors

Contributor (“GM Global Technology Operations LLC”) wants to encourage broad adoption of the Covered Specification (as defined above). Therefore, Contributor grants an irrevocable (except as set forth in this paragraph), worldwide, no-charge, royalty-free license under any Necessary Claims¹ to any party (“User”) for making, using, importing, selling, or offering for sale Covered Implementations². However, this license will become void, and Contributor reserves the right to assert its Necessary Claims against User, if User (or anyone acting in concert with such party) asserts any Necessary Claims against any Covered Implementations of Contributor or of any third party. This license is available to everyone directly from Contributor, and does not flow from User to User’s suppliers, business partners, distributors, customers or others. Therefore, if User’s supplier, business partner, distributor, customer or other party independently takes an action that voids the license as to itself, Contributor reserves the right to assert its Necessary Claims against that party, even though this license will remain in effect for User.

By granting this irrevocable patent license, Contributor does not represent that it holds any or all Necessary Claims.

Any agreement in the future in which Contributor transfers a Necessary Claim (or patent or patent application that includes it) will: subject such transfer, automatically or otherwise, to the rights granted to others under this license prior to such transfer so that those who later get rights to the Necessary Claim get such rights subject to this license; or retain for Contributor the right to grant such rights to others.

Definitions:

¹“Necessary Claims” are those patent claims that can not be avoided by any commercially reasonable, compliant implementation of the Required Portions of a Covered Specification. “Required Portions” are those portions of a specification that must be implemented to comply with such specification. If the specification prescribes discretionary extensions, Required Portions include those portions of the discretionary extensions that must be implemented to comply with such discretionary extensions.

²“Covered Implementations” are those specific portions of a product (hardware, software, services or combinations thereof) that implement and comply with a Covered Specification and are included in a compliant implementation of that Covered Specification. Reference to User includes entities controlled by, controlling, and under common control with User, based on majority control.

IBM

Contributor (“International Business Machines Corporation”) wants to encourage broad adoption of this specification (“Covered Specification”). Therefore, Contributor irrevocably covenants to you that it will not assert any Necessary Claims¹ against any party (“User”) for making, using, importing, selling, or offering for sale Covered Implementations². However, this covenant will become void, and Contributor reserves the right to assert its Necessary Claims against User, if User (or anyone acting in concert with such party) asserts any Necessary Claims against any Covered Implementations of Contributor or of any third party. This covenant is available to everyone directly from Contributor, and does not flow from User to User’s suppliers, business partners, distributors, customers or others. Therefore, if User’s supplier, business partner, distributor, customer or other party independently takes an action that voids the covenant as to itself, Contributor reserves the right to assert its Necessary Claims against that party, even though this covenant will remain in effect for User.

By making this irrevocable patent covenant with regard to Covered Specification, Contributor does not represent that it holds any or all Necessary Claims regarding Covered Specification.

Any agreement in which Contributor transfers a Necessary Claim (or patent or patent application that includes it) will state that those who later get rights to the Necessary Claim are bound by Contributor’s commitments under this covenant or the Contributor will retain the right to grant such rights to future implementers in order to fulfill Contributor’s commitments under this covenant.

Definitions:

¹"Necessary Claims" are those patent claims that can not be avoided by any commercially reasonable, compliant implementation of the Required Portions of a Covered Specification. "Required Portions" are those portions of a specification that must be implemented to comply with such specification. If the specification prescribes discretionary extensions, Required Portions include those portions of the discretionary extensions that must be implemented to comply with such discretionary extensions.

²"Covered Implementations" are those specific portions of a product (hardware, software, services or combinations thereof) that implement and comply with a Covered Specification and are included in a compliant implementation of that Covered Specification. Reference to User includes entities controlled by, controlling, and under common control with User, based on majority control.

Northrop Grumman

Contributor ("Northrop Grumman Corporation") wants to encourage broad adoption of this specification ("Covered Specification"). Therefore, Contributor irrevocably covenants to you that it will not assert any Necessary Claims(1) against any party ("User") for making, using, importing, selling, or offering for sale Covered Implementations(2). However, this covenant will become void, and Contributor reserves the right to assert its Necessary Claims against User, if User (or anyone acting in concert with such party) asserts any Necessary Claims against any Covered Implementations of Contributor or of any third party. This covenant is available to everyone directly from Contributor, and does not flow from User to User's suppliers, business partners, distributors, customers or others. Therefore, if User's supplier, business partner, distributor, customer or other party independently takes an action that voids the covenant as to itself, Contributor reserves the right to assert its Necessary Claims against that party, even though this covenant will remain in effect for User.

By making this irrevocable patent covenant with regard to Covered Specification, Contributor does not represent that it holds any or all Necessary Claims regarding Covered Specification.

Any agreement in which Contributor transfers a Necessary Claim (or patent or patent application that includes it) will state that those who later get rights to the Necessary Claim are bound by Contributor's commitments under this covenant or the Contributor will retain the right to grant such rights to future implementers in order to fulfill Contributor's commitments under this covenant.

Definitions:

¹"Necessary Claims" are those patent claims that can not be avoided by any commercially reasonable, compliant implementation of the Required Portions of a Covered Specification. "Required Portions" are those portions of a specification that must be implemented to comply with such specification. If the specification prescribes discretionary extensions, Required Portions include those portions of the discretionary extensions that must be implemented to comply with such discretionary extensions.

²"Covered Implementations" are those specific portions of a product (hardware, software, services or combinations thereof) that implement and comply with a Covered Specification and are included in a compliant implementation of that Covered Specification. Reference to User includes entities controlled by, controlling, and under common control with User, based on majority control.

Engisis S.r.l.

Contributor (“Engisis S.r.l.”) wants to encourage broad adoption of this specification (“Covered Specification”). Therefore, Contributor irrevocably covenants to you that it will not assert any Necessary Claims¹ against any party (“User”) for making, using, importing, selling, or offering for sale Covered Implementations². However, this covenant will become void, and Contributor reserves the right to assert its Necessary Claims against User, if User (or anyone acting in concert with such party) asserts any Necessary Claims against any Covered Implementations of Contributor or of any third party. This covenant is available to everyone directly from Contributor, and does not flow from User to User’s suppliers, business partners, distributors, customers or others. Therefore, if User’s supplier, business partner, distributor, customer or other party independently takes an action that voids the covenant as to itself, Contributor reserves the right to assert its Necessary Claims against that party, even though this covenant will remain in effect for User.

By making this irrevocable patent covenant with regard to Covered Specification, Contributor does not represent that it holds any or all Necessary Claims regarding Covered Specification.

Any agreement in which Contributor transfers a Necessary Claim (or patent or patent application that includes it) will state that those who later get rights to the Necessary Claim are bound by Contributor’s commitments under this covenant or the Contributor will retain the right to grant such rights to future implementers in order to fulfill Contributor’s commitments under this covenant.

Definitions:

¹"Necessary Claims" are those patent claims that can not be avoided by any commercially reasonable, compliant implementation of the Required Portions of a Covered Specification. "Required Portions" are those portions of a specification that must be implemented to comply with such specification. If the specification prescribes discretionary extensions, Required Portions include those portions of the discretionary extensions that must be implemented to comply with such discretionary extensions.

²"Covered Implementations" are those specific portions of a product (hardware, software, services or combinations thereof) that implement and comply with a Covered Specification and are included in a compliant implementation of that Covered Specification. Reference to User includes entities controlled by, controlling, and under common control with User, based on majority control.

Siemens

Contributor (“Siemens AG”) wants wants to encourage broad adoption of this specification (“Covered Specification”). Therefore, Contributor irrevocably covenants to you that it will not assert any Necessary Claims¹ against any party (“User”) for making, using, importing, selling, or offering for sale Covered Implementations². However, this covenant will become void, and Contributor reserves the right to assert its Necessary Claims against User, if User (or anyone acting in concert with such party) asserts any Necessary Claims against any Covered Implementations of Contributor or of any third party. This covenant is available to everyone directly from Contributor, and does not flow from User to User’s suppliers, business partners, distributors, customers or others. Therefore, if User’s supplier, business partner, distributor, customer or other party independently takes an action that voids the covenant as to itself, Contributor reserves the right to assert its Necessary Claims against that party, even though this covenant will remain in effect for User.

By making this irrevocable patent covenant with regard to Covered Specification, Contributor does not represent that it holds any or all Necessary Claims regarding Covered Specification.

Any agreement in which Contributor transfers a Necessary Claim (or patent or patent application that includes it) will state that those who later get rights to the Necessary Claim are bound by Contributor’s commitments under this covenant or the Contributor will retain the right to grant such rights to future implementers in order to fulfill Contributor’s commitments under this covenant.

Definitions:

¹"Necessary Claims" are those patent claims that can not be avoided by any commercially reasonable, compliant implementation of the Required Portions of a Covered Specification. "Required Portions" are those portions of a specification that must be implemented to comply with such specification. If the specification prescribes discretionary extensions, Required Portions include those portions of the discretionary extensions that must be implemented to comply with such discretionary extensions.

²"Covered Implementations" are those specific portions of a product (hardware, software, services or combinations thereof) that implement and comply with a Covered Specification and are included in a compliant implementation of that Covered Specification. Reference to User includes entities controlled by, controlling, and under common control with User, based on majority control.