Implementation of certain elements of the OSGi Alliance Specification may be subject to third party intellectual property rights, including without limitation, patent rights (such a third party may or may not be a member of OSGi). OSGi is not responsible and shall not be held responsible in any manner for identifying or failing to identify any or all such third party intellectual property rights.
THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE SPECIFICATION IS PROVIDED "AS IS" AND WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS OF ANY PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. THE RECIPIENT'S USE OF THE SPECIFICATION IS SOLELY AT THE RECIPIENT'S OWN RISK. THE RECIPIENT'S USE OF THE SPECIFICATION IS SUBJECT TO THE RECIPIENT'S OSGi MEMBER AGREEMENT, IN THE EVENT THAT THE RECIPIENT IS AN OSGi MEMBER. IN NO EVENT SHALL OSGi BE LIABLE OR OBLIGATED TO THE RECIPIENT OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF OSGi HAS BEEN INFORMED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE.
THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES AVAILABLE TO THE RECIPIENT. THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE RECIPIENT HAS FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FINDS IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE RECIPIENT AND OSGi.
IF THE RECIPIENT USES THE SPECIFICATION, THE RECIPIENT AGREES TO ALL OF THE FOREGOING TERMS AND CONDITIONS. IF THE RECIPIENT DOES NOT AGREE TO THESE TERMS AND CONDITIONS, THE RECIPIENT SHOULD NOT USE THE SPECIFICATION AND SHOULD CONTACT OSGi IMMEDIATELY.
OSGi Specification License, Version 2.0.
OSGi Alliance (“OSGi”) hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under OSGi’s applicable intellectual property rights to view, download, and reproduce this OSGi Specification (“Specification”) which follows this License Agreement (“Agreement”). You are not authorized to create any derivative work of the Specification. However, to the extent that an implementation of the Specification would necessarily be a derivative work of the Specification, OSGi also grants you a perpetual, non-exclusive, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights, to create and/or distribute an implementation of the Specification that: (i) fully implements the Specification including all its required interfaces and functionality; (ii) does not modify, subset, superset or otherwise extend the OSGi Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the OSGi Name Space other than those required and authorized by the Specification. An implementation that does not satisfy limitations (i)-(ii) is not considered an implementation of the Specification, does not receive the benefits of this license, and must not be described as an implementation of the Specification. An implementation of the Specification must not claim to be a compliant implementation of the Specification unless it passes the OSGi Compliance Tests for the Specification in accordance with OSGi processes. “OSGi Name Space” shall mean the public class or interface declarations whose names begin with “org.osgi" or any recognized successors or replacements thereof.
OSGi Participants (as such term is defined in the OSGi Intellectual Property Rights Policy) have made non-assert and licensing commitments regarding patent claims necessary to implement the Specification, if any, under the OSGi Intellectual Property Rights Policy which is available for examination on the OSGi public web site (www.osgi.org).
No Warranties and Limitation of Liability
THE SPECIFICATION IS PROVIDED "AS IS," AND OSGi AND ANY OTHER AUTHORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. OSGi AND ANY OTHER AUTHORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SPECIFICATION OR THE PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
Covenant Not to Assert
As a material condition to this license you hereby agree, to the extent that you have any patent claims which are necessarily infringed by an implementation of the Specification, not to assert any such patent claims against the creation, distribution or use of an implementation of the Specification.
The name and trademarks of OSGi or any other Authors may NOT be used in any manner, including advertising or publicity pertaining to the Specification or its contents without specific, written prior permission. Title to copyright in the Specification will at all times remain with OSGi.
No other rights are granted by implication, estoppel or otherwise.