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Posted to legal-discuss@apache.org by "Noel J. Bergman" <no...@devtech.com> on 2006/10/15 04:58:28 UTC

RE: [BPEL] BEA Systems IPRs

This appears to be purely informational.  If there is an action item, please
advise.

    --- Noel
  -----Original Message-----
  From: matthieu.riou@gmail.com [mailto:matthieu.riou@gmail.com]On Behalf Of
Matthieu Riou
  Sent: Thursday, October 05, 2006 16:28
  To: legal-discuss@apache.org
  Subject: [BPEL] BEA Systems IPRs


  BEA Disclosure Statement for the BPEL4WS V1.1 Submission to the OASIS
WS-BPEL TC, 10 June 2003

  BEA, as an OASIS BPEL specification development participant, supports a
full disclosure policy for essential published patent applications and
issued patents, and an acknowledgement policy for potentially essential
unpublished patent applications.

  BEA intellectual property disclosures are based upon the working knowledge
of those individuals involved with the respective Technical Committee and do
not represent the results of a BEA patent portfolio search.

  No Existing Patents

  To the best of BEA's knowledge, BEA has no patent rights in the technology
described in "Business Process Execution Language for Web Services Version
1.1 specification dated 5/5/2003" (the "Document").

  Licensing

  If subsequent to the date of this statement, any such patent rights are
found to exist or otherwise come into being, BEA will provide a
nonexclusive, royalty free patent license, with other reasonable terms and
conditions for patents issued to BEA which contain claims essential to
implementations of the OASIS BPEL specifications, and for which BEA is able
to provide patent licenses (including patents issuing on the published and
unpublished patent applications disclosed above), for implementing the OASIS
BPEL specification. Should those requesting a patent license also have
essential claims to the OASIS BPEL specifications, BEA will grant the patent
license provided that the recipient, in return, will grant BEA a reciprocal
license to their essential claim(s).

  Disclaimer

  BEA'S CONTRIBUTIONS TO THE DOCUMENT ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. BEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. BEA SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM OR RELATED TO THE DOCUMENT, INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF BEA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

  Submitted by Yaron Y. Goland, BEA Systems, Inc., ygoland@bea.com, 10 June
2003