- All CO-LaN Intellectual Property Rights must be protected, regulated and maintained, no matter how wide the information is distributed in print, electronically or otherwise. Such protection is essential to CO-LaN ability to fulfill its missions and maintain its Intellectual Property.
- CO-LaN owns and maintains the rights to its Intellectual Property.
- CO-LaN reserves the right to copyright any of its print, electronic products, audio/visual products or any other subject matter covered by Copyright. This is intended to protect CO-LaN and its members from unauthorized copying and distribution of CO-LaN Intellectual Property.
- CO-LaN Intellectual Property is subject to changes without necessarily prior notice being given by CO-LaN.
- There is no warranty that a published CAPE-OPEN Specification is implemented by any party.
- By participating in any Special Interest Group and/or participating in the creation/development and/or adoption of CO-LaN Intellectual Property, Special Interest Group members acknowledge that the copyright to such Intellectual Property resides in CO-LaN. Each member agrees, by such participation, to have transferred to CO-LaN any and all ownership interest, including copyright they possess or may possess, in the CO-LaN Intellectual Property. If requested by CO-LaN, such Special Interest Group members agree to execute any and all documents deemed necessary or appropriate by CO-LaN to transfer and effectuate ownership of all such rights, including but not limited to copyrights, they may possibly have in CO-LaN Intellectual Property. The rights granted to CO-LaN by this assignment or transfer shall belong to CO-LaN in perpetuity.
- Those who contribute their copyrighted materials to CO-LaN shall retain copyright ownership of their original work, while at the same time granting CO-LaN the right to modify and add to such material, and exercise all distribution and other rights as the owner of such derivative work under its own copyright.
- CO-LaN Members will not be expected to reveal trade secret information to CO-LaN, nor will they be asked to sign non-disclosure agreements by CO-LaN.
- CO-LaN cannot be held responsible for the disclosure of any Member or non-Member’s trade secret regardless of the circumstances.
- In no case shall CO-LaN be obligated to conduct searches for patents or other Intellectual Property right that would be infringed by the implementation of a CAPE-OPEN Specification.
- CO-LaN encourages all interested parties to bring to its attention, at the earliest possible time, the existence of any Intellectual Property rights pertaining to CAPE-OPEN Specifications. For this purpose, each CAPE-OPEN Specification document shall include the following invitation: “CO-LaN invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights which may cover technology that may be required to practice this specification. Please address the information to the CO-LaN Chief Technology Officer.“
- CO-LaN makes no inquiry regarding Intellectual Property rights in any CAPE-OPEN Specification apart from the Disclosure requirements set forth above, establishes no obligations regarding Intellectual Property rights except as set forth in this policy, and makes no warranty or representation relating to any CAPE-OPEN Specification. All CAPE-OPEN Specifications are “as is” and without warranty of any kind. Consequently, each CAPE-OPEN Specification must include a notice (a) attributing Copyright to CO-LaN, (b) stating that CO-LaN is not liable for errors in any CAPE-OPEN Specification or for damages of any kind incurred by any person using such specification, and (c) reciting the rights granted by CO-LaN.
As approved by CO-LaN Management Board on June 10, 2020.