Changing the way the world does text.
Covenant not to assert
International Characters, Inc., on its own behalf and on behalf of its successors in interest, irrevocably covenants that, subject solely to the Reciprocity Requirement below, it will not assert or enforce any rights in any claims in its Canadian, U.S., or foreign patents, including the right to assert contributory infringement, inducing infringement, or willful infringement, against anyone because of the following activities (“Permitted Activities”):
- the use of Open Source Software (in combination with hardware); or
- the making, sale, offer for sale, importation, licensing or distribution of Open Source Software; or
- the making or use of software or hardware for Experimentation, Research or Teaching.
In order to be clear that this covenant expressly excludes certain commercial activities, this covenant does not apply to the making, use, sale, offer for sale, importation, licensing or distribution of any software, hardware, or combination of software and hardware, other than as specified above.
In this covenant, the following definitions of terms apply:
- “Open Source Software” means software actually distributed to the public under software licenses that have been expressly approved by Open Source Initiative or the Free Software Foundation as of the date of this covenant, and that provide that every licensee is free to make copies of the software or derivative works thereof, to distribute them without payment of royalties or other consideration, and to access and use the complete source code of the software.
- “Experimentation” means activities relating to the evaluation or testing of infringing hardware or software, including use by others for limited trials, prior to continuing use, sale, licensing, or other distribution of that software or hardware in commerce or for commercial purposes.
- “Research” means activities to advance and disseminate knowledge about infringing software or hardware and improvements thereto through publications, patent applications and Open Source Software, but not including the use, sale, licensing, or other distribution of those advancements in commerce or for commercial purposes.
- “Teaching” means activities relating to explaining to students how to make, use, or improve infringing software or hardware.
Reciprocity Requirement: Notwithstanding the commitment above, this International Characters covenant shall not apply and International Characters makes no assurance, covenant or commitment not to assert or enforce any or all of its patent rights against any individual, corporation or other entity that asserts, threatens or seeks at any time to enforce its own or another party's Canadian, U.S. or foreign patents or patent rights against any Permitted Activities by anyone.
This covenant is not an assurance either (i) that any of International Characters issued patents cover any particular software or hardware or are enforceable, or (ii) that any particular software or hardware would not infringe patents or other intellectual property rights of any third party.
No other rights except those expressly stated in this covenant shall be deemed granted, waived, or received by implication, or estoppel, or otherwise.
Dated: October 1, 2008
International Characters, Inc.
2225 Folkestone Way
West Vancouver, BC V7S 2Y6