memberagreement.tex 7.05 KB
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\documentclass[10pt, english]{xorgdocs}
\usepackage{enumerate}
\usepackage{xspace}

\newcommand\nd{\textsuperscript{nd}\xspace}
\newcommand\rd{\textsuperscript{rd}\xspace}
\newcommand\nth{\textsuperscript{th}\xspace} %\th is taken already

\begin{document}
\title{X.Org Individual Membership Agreement}
\maketitle
\date{}

THIS AGREEMENT is between the X.Org Foundation L.L.C. of Apex Plaza, Forbury
Road, Reading, Berkshire, U. K., a Limited Liability Company of Delaware,
U.S.A. (hereinafter ``X.Org''), and You (hereinafter ``Member'').

\textbf{WHEREAS} X.Org has been established to undertake the work described
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in the X.Org By-laws as specified in the document dated 14\nth November 2016
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or as subsequently modified by the Board of X.Org; and

\textbf{WHEREAS} the Member, being a individual who is in the business of
developing, licensing, selling or using or otherwise proactively involved
with X Window technology products, or undertaking research into windowing
technologies desires to participate in X.Org;

\textbf{NOW, Therefore, it is AGREED as follows:}

\begin{enumerate}[(1)\hspace{.2cm}]
	\item The activities of X.Org that anyone is entitled to participate
	in are at least the following:

	\begin{enumerate}[(a)\hspace{.2cm}]
		\item Standards Development,
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		\item X Window (and related projects) Source Code and Git
		Tree Access,
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		\item Defect Database Access,
		\item X.Org Open email lists and newsgroups,
		\item Attend Meetings of X.Org, and
		\item Participate on X.Org booth at Trade Shows.
	\end{enumerate}

	\item Upon acceptance of Membership in X.Org, the Member will also be
	entitled to participate in the following X.Org activities:

	\begin{enumerate}[(a)\hspace{.2cm}]
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		\item Vote in the election of members for the Board, or any
		other elected sub-group established by the Board, and
		\item Be elected to participate on the Board, or any other
		sub-group of X.Org established by the Board,
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		\item Host Meetings of X.Org, and
		\item Demonstrate Implementations on X.Org booth at Trade
		Shows.
	\end{enumerate}

	\item Member agrees that the right to remain a voting Member is
	subject to continued participation in and contribution to the
	activities of X.Org. At the time of annual renewal of membership,
	the Board, or other appointed authority, of X.Org may declare that
	the Member of X.Org is not participating or contributing to the
	activities of X.Org and refuse to allow the Member to renew his/her
	membership in X.Org.

	The Board of X.Org will, from time to time, determine the contribution
	criteria for membership or renewal of membership in X.Org. Examples
	of acceptable contributions include coding, bug-fixing, testing,
	design, documentation, translation, administration or maintenance of
	project-wide resources, giving X Window talks at conferences and
	community coordination such as the bugzilla or release management.
	Any activity, such as advocacy or submitting bug reports, must
	substantially exceed the level of contribution expected of an ordinary
	user or fan of the project to qualify an individual for membership in
	the Foundation.

	\item The Member agrees to comply with all the rights and obligations
	that apply to Membership of X.Org and to abide by the By-laws of X.Org
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	as specified in the X.Org Bylaws, dated 14\nth November 2016 or as
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	subsequently amended by the Board of X.Org (``X.Org Bylaws'').

	\item In exercising its rights under this Agreement the Member shall be
	subject to the following obligations in respect of information received
	through participation in X.Org, which requirements shall continue to be
	in force even after termination of the membership Agreement:

	\begin{enumerate}[(a)\hspace{.2cm}]
		\item All presentations, proposals, charts, specifications,
		data, programs, software, hardware or other intellectual
		property or material disclosed, distributed or otherwise made
		available to X.Org by Members in the course of any X.Org
		activities or discussions shall be deemed to be non-confidential.
		If it becomes necessary to exchange information considered by
		the disclosing party to be confidential, a written
		confidentiality agreement must be executed between the
		disclosing party and the receiving party.

		\item Member shall make reasonable efforts to ensure that
		Member has the right to contribute any intellectual property
		disclosed, distributed or otherwise made available to X.Org.

		\item All Members shall comply with all appropriate antitrust
		laws. Members agree not to exchange any information regarding
		the price of their products, the cost of their products or
		the terms and conditions under which they are sold.

		\item Where Member discovers a security issue relating to the
		implementation of the X Window technology, Member agrees to
		follow the then current X.Org security policy, and to use due
		care and attention to limit communication related to the issue
		to the other appropriate security personnel.
	\end{enumerate}

	\item All materials and other information (the ``Materials'') provided
	by the Member are provided ``as is'', without warranty or condition of
	any kind either express or implied including, but not limited to any
	implied condition of merchantability and fitness for a particular
	purpose.

	\item Except in the case of the death or injury of any person caused
	by either party's negligence, each party hereby excludes all liability,
	whether in contract, tort or otherwise for any loss or damage of any
	nature arising out of or relating to this Agreement or the use or
	non-use by any person of any Materials or other information provided
	by either party to the fullest extent permitted by law. In no event
	shall either party be liable for any indirect or consequential losses
	(including, without limitation, any loss of profits, contracts,
	production or use).

	\item If any provision of this Agreement is held by a court of
	competent jurisdiction to be invalid or inapplicable, the remaining
	provisions shall remain in full force and effect.

	\item This Agreement shall be interpreted in accordance with the laws
	of The Commonwealth of Massachusetts.

	\item This Agreement shall terminate on the earliest of the following:

	\begin{enumerate}[(a)\hspace{.2cm}]
		\item the expiration of 12 months from the date of acceptance
		or renewal of membership,
		\item the expiration of one month’s notice by the Board of
		X.Org for any action which is deemed to be in breach of the
		X.Org By-laws, or
		\item the expiration of one month's notice by the Member.
	\end{enumerate}

	\item This Agreement may be varied:

	\begin{enumerate}[(a)\hspace{.2cm}]
		\item any written modifications to the Agreement must have
		the approval of the quorum of the members in attendance at
		a special meeting as specified in the X.Org By-laws, and
		the approval of the Management Agent’s Legal Counsel;
		\item any written modifications to the X.Org By-laws must
		have the approval of the quorum of the members in attendance
		at a special meeting as specified in the X.Org By-laws, and
		the agreement from the Management Agent’s Legal Counsel that
		the modifications are legal.
	\end{enumerate}

\end{enumerate}

\end{document}