OMG Non Member Contribution and License Agreement: Other

The following agreement applies to Non-Member legally-binding terms and conditions that are comparable to those that apply to OMG Members who contribute input to an OMG Specification or other OMG activity or document.

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Note: Please fill out 1 form per appointee.

Non-Member:

Representative(s):

Input:

OMG Activity:

Non-Member, who is not a member of the Object Management Group ("OMG"), hereby agrees that he or she, or its Representative(s), shall present, submit or otherwise contribute the Input to OMG and its Members in connection with the above OMG Activity, upon the following terms and conditions:

A. For Input that is not a contribution to an OMG Specification (or any OMG standard-setting process):

Non-Member owns the Input, or has 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 OMG or require that it be named as an author of the Input. [If anyone besides Non-Member owns copyrights in the Input, they are identified here:
The Input is not confidential, and neither Non-Member nor any other person has the right to require that the Input not be disclosed. To Non-Member's knowledge, no patent or trademark rights apply to any portion of the Input.
Non-Member grants OMG a nonexclusive, irrevocable, sublicensable, royalty-free, paid up, worldwide license to copy, modify and make derivative works from the Input, and to publicly display, perform and distribute the Input and such modifications and derivatives, with appropriate attribution to Non-Member.
Non-Member grants OMG and its Members the right to use Non-Member's name or mark solely to identify the source of the Input.
OMG shall own all copyrights in any compilation or derivative work created by OMG from the Input, but this shall not affect Non-Member's (or other owner's) rights to the Input.
Non-Member will notify OMG if it becomes aware that any of the above representations are incorrect. No person using the Input as permitted by OMG will be liable to Non-Member for copyright infringement or improper disclosure as a result of that use.

B. For Input that is contributed to an OMG Specification (or any OMG standard-setting process):

Non-Member hereby agrees that the terms and conditions of the OMG Policy Statement: Intellectual Property Rights, ("OMG IPR Policy"), shall apply to Non-Member as if Non-Member were a Member of OMG.
For clarification and not limitation, the OMG IPR Policy obligates the Non-Member to identify patents containing Essential Claims it believes will be infringed if its Submission or Contribution is included in the Specification, and subjects the Non-Member's patent rights to the IPR Mode that applies to the applicable adoption process (to the extent mandated).

Non-Member shall indemnify and hold harmless OMG from any claims by a third party of infringement or misappropriation based on OMG's use of the Input as permitted hereby.

EACH PARTY PROVIDES ALL INFORMATION AND MATERIALS AS-IS. EXCEPT AS MAY ARISE UNDER A SEPARATE WRITTEN AGREEMENT OR FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS.

This Agreement shall be governed by the laws of the Commonwealth 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 accepting below confirms that he/she has the authority and permission of Non-Member, and of any other known copyright owners of the Input, to contribute the Input subject to the above terms. This Agreement is effective when accepted by the Non-Member 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.