Digital Twin Consortium Non Member Contribution and License Agreement: Non-Profit

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The following agreement applies to Non-Member legally-binding terms and conditions that are comparable to those that apply to Digital Twin Consortium® Members who contribute input to a Digital Twin Consortium activity or document.

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Note: Please fill out 1 form per appointee.

Organization:

Representative(s):

Input:

Digital Twin Consortium Activity:

The above Organization, which is not a member of the Digital Twin Consortium, hereby agrees that its Representative(s) shall present, submit or otherwise contribute the Input to the Digital Twin Consortium and its Members in connection with the above Digital Twin Consortium Activity, upon the following terms and conditions:

  1. Organization owns the Input, or will have sufficient rights in the Input to grant the copyright license below. No third party has rights that can affect the free use of the Input by the Digital Twin Consortium or require that it be named as an author of the Input.
  2. The Input is not confidential, and neither Organization nor any other person has the right to require that the Input not be disclosed. To Organization's knowledge, no patent or trademark rights apply to any portion of the Input.
  3. Except with respect to Input comprised of software code:
    1. Organization grants the Digital Twin Consortium a nonexclusive, irrevocable, sublicensable, royalty-free, paid up, worldwide license to use, copy and modify the Input; to make derivative works from it; and to publicly display, perform and distribute the Input and such modifications and derivatives, with appropriate attribution to Organization; and
    2. The Digital Twin Consortium shall own all copyrights in any compilation or derivative work created by the Digital Twin Consortium from the Input (but this shall not affect Organization's or other owner's rights to the Input).
  4. With respect to Input comprised of software code, Non-Member accepts and agrees to abide by the Open Source Working Group Intellectual Property Policy attached as Exhibit A ("Working Group" refers to the particular Digital Twin Consortium Working Group, if any, to which Organization is contributing its Input.)
  5. Organization grants the Digital Twin Consortium and its Members the right to use Organization's name or mark solely to identify the source of the Input.
  6. Organization will notify the Digital Twin Consortium if it learns that any of the above representations are incorrect. No person using the Input as permitted by the Digital Twin Consortium will be liable to Organization for copyright infringement or improper disclosure as a result of that use.
  7. EACH PARTY PROVIDES ALL INFORMATION AND MATERIALS AS-IS. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS.
  8. This Agreement shall be governed by the laws of Massachusetts, USA (excluding its choice of law rules). Both parties consent to the jurisdiction and venue of the state and federal courts sitting in Massachusetts to determine any disputes that may arise in connection with this Agreement.

The individual signing or otherwise accepting below confirms that he/she has the authority and permission of Organization, and of any other known copyright owners of the Input (as disclosed above), to contribute the Input subject to the above terms. This Agreement is effective when accepted by Organization and may not be modified except in a writing signed by both parties.

By submitting this form, I agree that I have read and accept (i) the above terms and conditions, and (ii) the Object Management Group Inc. Privacy Policy, and I consent to the processing of my data for the purpose of using this service.

 


EXHIBIT A
Open Source Working Group Intellectual Property Policy

  1. Persons contributing software code for use by the Digital Twin Consortium in an open source project acknowledge that the copyright in all such contributions ("Code Contributions") will be retained by the copyright holder as independent works of authorship and that no contributor or copyright holder will be required to assign copyrights in Code Contributions to the Working Group.
  2. Except as described in Section 3, all Code Contributions to the Working Group are subject to the following:
    1. All new inbound Code Contributions to the Working Group must be made using the license selected by the Working Group, with the approval of the Steering Committee, from among the "Popular" licenses approved by the Open Source Initiative (the "Working Group License"); for clarification, each open source Working Group may adopt a different form of OSI-approved license, subject to the approval of the Digital Twin Consortium Steering Committee.
    2. All new inbound Code Contributions must also be accompanied by a Developer Certificate of Origin (http://developercertificate.org) sign-off in the source code system that is submitted through a contribution process that will bind the authorized contributor and, if not self-employed, the contributor's employer to the applicable license;
    3. All outbound code distributed or developed by a Working Group ("Developed Code," which may consist of Code Contributions, of modifications or derivative works of Code Contributions, or of newly developed code) will be made available under the Working Group License.
    4. Documentation will be received and made available by the Working Group under the Working Group License.
    5. The Working Group may seek to integrate and contribute Developed Code back to other open source projects ("Upstream Projects"). In such cases, the Working Group will determine whether it is willing and able to conform to all license requirements of the Upstream Projects, including dependencies, leveraged by the Working Group. Upstream Project contributions of Developed Code not stored within the repository that holds the Working Group's Developed Code will comply with the contribution process and license terms for the applicable Upstream Project.
  3. The Digital Twin Consortium Steering Committee may approve the use of an alternative license or licenses for inbound or outbound Code Contributions or other Developed Code on an exception basis. To request an exception, the Working Group will be required to describe the Code Contribution or Developed Code at issue, the alternative open source license(s), and the justification for using an alternative open source license for the Working Group. License exceptions must be approved by a two-thirds vote of the entire Digital Twin Consortium Steering Committee.