Non-assertion of Essential
patents and copy rights

The Parties shall not assert any of their Essential patents against any Party or a third party using, developing, having developed, manufacturing, or having manufactured and/or selling any RE and/or REC product that includes an interface which is fully compliant to the Specification, but solely to the extent that interface is fully compliant to the Specification.

Such obligations not to assert shall apply against any Party or third party provided that and as long as such Party/party does not assert any of its Patents against the non-asserting Party, its affiliates, subcontractors producing the non asserting Party's product and/or any of its customers.

In this event the applicable Party shall, subject to reciprocity and upon the asserting party's request offer on fair, reasonable and non discriminatory terms and conditions a license to its Essential patents to use, develop, having developed, manufacture, or having manufactured and/or selling any RE and/or REC product that includes an interface which is fully compliant to the Specification, but solely to the extent that interface is fully compliant to the Specification.

"Essential patents" means any Specification patents or patent applications of such a nature that a party could not, technically, manufacture and/or sell RE and/or REC products that include an interface which is fully compliant to the Specification without infringing such patent or patent application.

"Relevant patents" shall mean any patents or patent applications whose claims subject matter can be used or interfaces with the Specification and that would be infringed by any product or application used or interfacing with the Specification.

"Patents" shall mean any Essential or Relevant patents or patent applications as defined above.

The copyright for the Specification is owned jointly by all Parties. The Parties shall not assert any copyright in order to prevent free copying of the Specification in connection with the use thereof.