The Intellectual Property Policy (“IP Policy”) for the Foundation is as follows:
The prpl Foundation strives to be a royalty-free organization. Distinction is made between Code and Non-Code documents. Code refers to source-code and its binary forms. Non-Code refers to all other prpl documents including, but not limited to, Requirements Analyses, Specifications, Recommendations, API application programming interfaces, and Test Plans. Participants in Foundation activities and discussions agree to use their true name and corporate affiliation (if any), and be bound by the policies of the Foundation.
Outbound Code Distributions
The Foundation will release code which is developed for any prpl projects (“Project Code”) under the BSD+Patent License (https://opensource.org/licenses/BSDplusPatent) unless the Board of Directors votes to change the license as provided in the Bylaws. Except as otherwise expressly stated in the BSD+Patent License, the Foundation does not grant any licenses under copyrights, patents or other intellectual property for Project Code.
The Foundation acknowledges that third-party code may be included in prpl projects and that such third-party code may be under other licenses.
The Foundation will maintain on its site a list of all Project Code. Any other code developed and contributed will fall under the Inbound Contributions category.
Inbound Code Contributions
All inbound contributions of code to the Foundation will include a sign off by the developer/contributor of a Developer’s Certificate of Origin (“DCO”) and must comply with the inbound code review policy adopted by the Foundation (as may be updated by the Foundation from time to time). The DCO is the same as used by kernel.org for Linux and is set forth below.
The contributor must declare under which OSI-approved open source license the contribution is made. Contributions are preferred under the BSD+Patent License. The Maintainer and Chair of a project will decide if a contribution’s license is acceptable. Modifications to already contributed code will be contributed under the same license as the code being modified.
The Foundation will not accept contributions of code under the GPLv3 License (http://www.gnu.org/licenses/gpl-3.0.html).
In addition, all contributions of original code specifically developed for the prpl project and submitted by developer/contributor to the Foundation will be submitted under the BSD+Patent License unless the Board of Directors votes to change the license as provided in the Bylaws. The Foundation acknowledges that third-party code may be included in the prpl project and that such third-party code may be under other licenses. Note: The BSD+Patent license is not to be confused with a license from Facebook with a similar name (BSD+Patents). The BSD+Patent license used by prpl is approved by the Open Source Initiative—see https://opensource.org/licenses/BSDplusPatent.
By making a contribution to this project, I certify that:
(a) The contribution was created in whole or in part by me and I have the right to submit it under the open source license indicated in the file; or
(b) The contribution is based upon previous work that, to the best of my knowledge, is covered under an appropriate open source license and I have the right under that license to submit that work with modifications, whether created in whole or in part by me, under the same open source license (unless I am permitted to submit under a different license), as indicated in the file; or
(c) The contribution was provided directly to me by some other person who certified (a), (b) or (c) and I have not modified it.
(d) I understand and agree that this project and the contribution are public and that a record of the contribution (including all personal information I submit with it, including my sign-off) is maintained indefinitely and may be redistributed consistent with this project or the open source license(s) involved.
Outbound Non-Code Publications
The prpl Foundation may from time to time publish Non-Code documents, such as defined above, including a chapter outlining Copyright terms substantially as follows:
Chapter 2: Important Notices, IPR statement, Disclaimer and Copyright
This chapter contains important information about PRPL and this document (hereinafter ‘This PRPL Document’).
2.1 ABOUT PRPL
The prpl Foundation (PRPL) is a not-for-profit organization which publishes documents including, but not limited to, Requirements, Specifications, Recommendations, API application programming interfaces, and Test Plans.
2.2 THIS MAY NOT BE THE LATEST VERSION OF THIS PRPL DOCUMENT
This PRPL Document is the output of the Working Groups of the PRPL and its members as of the date of publication. Readers of This PRPL Document should be aware that it can be revised, edited or have its status changed according to the PRPL working procedures.
2.3 THERE IS NO WARRANTY PROVIDED WITH THIS PRPL DOCUMENT
The services, the content and the information in This PRPL Document are provided on an “as is” basis. PRPL, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-parties rights and fitness for a particular purpose. PRPL, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the content or information provided in the PRPL Document. No information obtained via the PRPL Document shall create any warranty not expressly stated by PRPL in these terms and conditions.
2.4 EXCLUSION OF LIABILITY
Any person holding a copyright in This PRPL Document, or any portion thereof, disclaims to the fullest extent permitted by law (a) any liability (including direct, indirect, special, or consequential damages under any legal theory) arising from or related to the use of or reliance upon This PRPL Document; and (b) any obligation to update or correct this technical report.
2.5 THIS PRPL DOCUMENT IS NOT BINDING ON PRPL NOR ITS MEMBER COMPANIES This PRPL Document, though formally approved by the PRPL member companies, is not binding in any way upon the PRPL members.
2.6 INTELLECTUAL PROPERTY RIGHTS
Patents essential or potentially essential to the implementation of features described in This PRPL Document may have been declared in conformance to the PRPL IP Policy (available at the PRPL website: www.prplFoundation.org).
2.7 COPYRIGHT PROVISIONS
This PRPL Document is copyrighted by PRPL, and all rights are reserved. The contents of This PRPL Document are protected by the copyrights of PRPL or the copyrights of third-parties that are used by agreement. Trademarks and copyrights mentioned in This PRPL Document are the property of their respective owners. The content of This PRPL Document may only be reproduced, distributed, modified, framed, cached, adapted or linked to, or made available in any form by any means, or incorporated into or used in any information storage and retrieval system, with the prior written permission of PRPL or the applicable third-party copyright owner. Such written permission is not however required under the conditions specified in Section 2.7.1 and Section 2.7.2:
2.7.1 INCORPORATING PRPL DOCUMENTS IN WHOLE OR PART WITHIN DOCUMENTS RELATED TO COMMERCIAL TENDERS
Any or all section(s) of PRPL Documents may be incorporated into Commercial Tenders (RFP, RFT, RFQ, ITT, etc.) by PRPL and non-PRPL members under the following conditions:
(a) The PRPL Requirements numbers, where applicable, must not be changed from those within the PRPL Documents;
(b) A prominent acknowledgement of the PRPL must be provided within the Commercial document identifying any and all PRPL Documents referenced and giving the web address of the PRPL;
(c) The Commercial Tender must identify which of its section(s) include material taken from PRPL Documents and must identify each PRPL Document used, and the relevant PRPL Section Numbers; and,
(d) The Commercial Tender must refer to the copyright provisions of PRPL Documents and must state that the sections taken from PRPL Documents are subject to copyright by PRPL and/or applicable third parties.
2.7.2 COPYING THIS PRPL DOCUMENT IN ITS ENTIRETY
This PRPL Document may be electronically copied, reproduced, distributed, linked to, or made available by other means, or incorporated into or used in any information storage and retrieval system, but only in its original, unaltered PDF format, and with its original PRPL title and file name unaltered. It may not be modified without the advanced written permission of the PRPL.
Inbound Non-Code Contributions
Contributions to prpl activities and discussions are preferred and presumed to be under RAND-Z terms: fair, reasonable, and non-discriminatory, with zero-royalty. Contributions may be accepted as RAND, but only after prior submission of a LoA such as described below. Patent disclosures are welcome and encouraged, on an ongoing basis, and should be submitted to the appropriate working group chair. Contributions might get modified, or published as is, or be contributed to another standards organization (e.g., The Broadband Forum).
Letter of Assurance
This letter assures that, if the submitter (or its affiliates) is a proprietor of essential patent claims that read on a contribution or work item in the prpl Foundation, the submitter agrees to make available a fair, reasonable and non-discriminatory (RAND) license available to adopters and implementers of the contribution or work item, to make, have made, use, sell, offer to sell, or import. The submitter (and its affiliates) agrees to bind any assignee or transferee to the terms of this LoA. Affiliates would include both subsidiaries and parents.
Optionally, the submitter can specify:
- The patent/application/docket number(s) of the patent(s);
- A sample of such a license that is substantially similar to what the submitter would offer; or,
- Limitation of scope, if any.
The undersigned has authority to bind the submitter and its affiliates to the commitments of this LoA.