Commit cd614869 authored by Rob Clark's avatar Rob Clark

Initial conversion of member's agreement to tex

Based on MemberAgreement02Apr2004.pdf

(md5sum: 649027b96db32abee63c5ee6844c270c)
parent acc5427c
\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
in the X.Org By-laws as specified in the document dated 17\nth September 2003
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,
\item X Window Source Code and CVS Tree Access,
\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}]
\item Vote in the election of members for the Board,
Architecture Group, or any other elected sub-group established
by the Board, and
\item Be elected to participate on the Board, Architecture
Group, or any other sub-group of X.Org established by the
Board,
\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
as specified in the X.Org Bylaws, dated 17th September 2003 or as
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}
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