OpenHCI
Open Host Controller Interface Specification
for USB
Compaq
Microsoft
National Semiconductor
09/14/99 2:33 PM
Release: 1.0a
OpenHCI - Open Host Controller Interface Specification for USB
ii
Adopter’s Agreement for
Open Host Controller Interface Reciprocal Covenant
READ THIS PRIOR TO IMPLEMENTATION OF THIS SPECIFICATION.
IMPLEMENTATION OF THIS SPECIFICATION SHALL CONSTITUTE YOUR
LEGALLY BINDING ACCEPTANCE OF THE TERMS OFFERED IN THIS PATENT
COVENANT AGREEMENT. IF AN ENTITY DOES NOT ACCEPT THE TERMS
OFFERED IN THIS PATENT COVENANT AGREEMENT, SUCH ENTITY IS NOT A
RECIPIENT OF THE COVENANT CONTAINED HEREIN AND SHOULD NOT
IMPLEMENT THE SPECIFICATION. THE PROMOTERS REQUEST THAT SUCH
ENTITY RETURN THE SPECIFICATION TO THE PROMOTERS.
This is a patent covenant agreement by parties wishing to adopt Open HCI.
As used in this Agreement:
• The ”Promoters” are the parties who have initially adopted Open HCI. A list of their
names is available upon request to the Open HCI Clerk; initially the Clerk is
Compaq Computer Corporation.
• “Adopter” is the entity that has accepted this Agreement.
• “Fellow Adopters” are the Promoters and any other entity which has accepted an
identical counterpart of this Agreement.
• “Affiliate” is an entity which directly or indirectly controls, is controlled by, or is
under common control with another entity, so long as such control exists. “Control”
means beneficial ownership of more than fifty percent of the voting stock or equity in
an entity.
• “Specification” means the document entitled “Open Host Controller Interface
Specification, revision 1.0,” authored and published by the Promoters and any
Updates identified as set out in Section 2.
1. Covenants
1.1. Grants of Covenants. The following covenant has been granted by the
Promoters to each other. Upon Adopter’s execution of this Agreement, it is
granted by Adopter to all Fellow Adopters, and the grants of all Fellow Adopters
shall extend to Adopter. In each case, the party (Promoter, Adopter, or Fellow
Adopter) granting the covenant is referred to as the “Grantor.”
OpenHCI - Open Host Controller Interface Specification for USB
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Subject to the other terms of this Agreement, Grantor, on behalf of itself and its
Affiliates, covenants not to sue or otherwise assert a claim against any Fellow Adopter
or its Affiliates, or its customers, subcontractors, resellers, or users, based upon the
manufacture, use, lease, sale or other transfer of any product that infringes a claim of a
patent held by Grantor, which claim is infringed by:
(i) the implementation or use of the methods, protocols, interfaces, or
interoperability criteria set out in the Specification, or
(ii) any apparatus required by the Specification which is required to implement
such methods, protocols, interfaces, or interoperability criteria;
where such infringement would not have occurred but for the implementation of
the Specification, and where such infringement either:
(a) could not have been avoided by another commercially reasonable
implementation of the Specification, or
(b) resulted from use of an example included in the Specification.
The foregoing covenant not to sue extends to any entity which is not a
Fellow Adopter only to the extent that such entity grants a reciprocal covenant,
either expressly or by implication through the non-assertion of such claims
against Grantor or a Fellow Adopter.
1.2. Acceptance of Covenants. Adopter hereby accepts the covenants granted by
the Fellow Adopters.
2. Open HCI Specification Administration, Access and Updates
2.1. Administration. The Promoters may designate a “Clerk” from time to time.
Initially, the Clerk will be Compaq Computer Corporation. The Clerk is
responsible for:
2.1.1. Maintaining current copies of the Specification and providing access to
such copies to the Fellow Adopters upon request.
2.2. Limits on Clerk. The Clerk is not an agent of the Promoters or Fellow Adopters.
The Promoters may designate a replacement Clerk at any time. The Clerk may
resign as Clerk at will.
2.3. Access. Fellow Adopters may purchase copies or download the Specification.
2.4. Updates. The Promoters may issue an update, revision, or extension of some or
all of the Specification (an “Update”) on or prior to June 1, 1997. Provided that
the Promoters have made the Specification generally available with the notation
“Implementation of this Specification is governed by the terms of the Open HCI
Covenant,” the covenants referenced in this Agreement shall extend to the
Update except as specifically provided below. Issuing such an Update shall
NOT terminate any right or obligation of Adopter under this Agreement, including
the covenants granted with respect to the earlier versions of the Specification.
OpenHCI - Open Host Controller Interface Specification for USB
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2.5. Objection and Withdrawal. Adopter (or a Fellow Adopter) may, within 60 days
after publication of an Update, terminate this Agreement with respect to such
Update and all further revisions of the Specification. Termination shall be made
by giving written notice to the Promoters. The effect of such termination will be
that the covenants granted shall continue to apply with respect to the
Specification and Updates adopted as of 60 days prior to the date of termination
shall continue in full force and shall extend to entities who become Adopters
even after such termination. No covenant shall be deemed granted or received
by such Adopter as to Updates adopted after the date of such withdrawal.
3. General
3.1. No Other Licenses. Adopter neither grants nor receives any license to or right to
use any trademark, tradename, copyright, or maskwork hereunder. Except for
the rights expressly provided by this Agreement, Adopter neither grants nor
receives, by implication, or estoppel, or otherwise, any rights under any patents
or other intellectual property rights.
3.2. Limited Effect. This Agreement shall not be construed to waive any Party’s
rights under law or any other agreement except as expressly set out here.
3.3. No Warranty. Adopter acknowledges that the Specification is provided “AS IS”
WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR
PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY
PROPOSAL, SPECIFICATION, OR SAMPLE.
3.4. Damages. In no event will Promoters, Adopter or Fellow Adopter be liable to the
other for any loss of profits, loss of use, incidental, consequential, indirect, or
special damages arising out of this or any other Open HCI Covenant, whether or
not such party had advance notice of the possibility of such damages.
3.5. Governing Law. This Agreement shall be construed and controlled by the laws
of New York. Any litigation arising out of this Agreement shall take place in New
York, and all parties consent to jurisdiction of the State and Federal courts there.
3.6. Not Partners. Adopter understands that the Promoters are independent
companies and are not partners or joint venturers with each other. While the
Promoters may select an entity to handle certain administrative tasks for them,
no party is authorized to make any commitment on behalf of all or any of them.
3.7. Complete Agreement. Upon publication of the Specification by the Promoters,
this Agreement sets forth the entire understanding of the agreement between the
Adopters and the Promoters and supersedes all prior agreements and
understandings relating hereto. No modifications or additions to or deletions
from this Agreement shall be binding unless accepted in writing by an authorized
representative of all parties.
OpenHCI - Open Host Controller Interface Specification for USB
v
Compaq Computer
Corporation
____________________
John Rose
Senior Vice President
Commercial Desktop Division
Microsoft Corporation
By:__________________
Name
Title
National Semiconductor
Corporation
By:
Name
Title
Revision Table
Revision Number Revision Date Changes Made
1.0a 9/14/99 Added Appendix B, Legacy Support
Interface Specification
- 1
- 2
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