UB Specification License Agreement V1.0
This UB Specification License Agreement V1.0 is a legal agreement ("Agreement") that sets forth the terms under which Huawei Technologies Co., Ltd. ("Huawei") grants permissions to parties ("You") concerning the use of UB Specification developed by Huawei.
This Agreement becomes effective and binding upon your initial Implementation (as defined in Section 1.5 below) of the UB Specification. Should You decide not to agree to the provisions of this Agreement, You are prohibited from implementing the UB Specification in any form，and You are required to permanently delete any copies of the UB Specification from all storage devices or media under your control.
1. Definitions
1.1 "UB Specification": refers to the following technical documentation marked with "UnifiedBus", developed for release under this Agreement by Huawei:
| Technical documentation | Version |
|---|---|
| UnifiedBus™ (UB) Base Specification | 2.0 |
| UnifiedBus™ (UB) Firmware Specification | 2.0 |
1.2 "Nessary Claims": refers to claims of issued patent or patent application, that are controlled, or licensable by Huawei that are necessarily infringed by implementing technologies or methods expressly described in the UB Specification.
1.3 "Compliant Product": refers to a product that fully complies with all relevant normative requirements in the UB Specification for the corresponding product form.
1.4 "Affiliates": refers to any company or legal entity that currently or in the future controls, is controlled by, or is under common control with any party. "Control" means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity.
1.5 "Implementation": refers to the act of applying the UB Specification in a Compliant Product, including but not limited to downloading, accessing, using, copying, distributing, displaying, or any other use of the UB Specification.
2. Copyright License
Subject to your compliance with this Agreement, Huawei grants You a worldwide, non-exclusive, non-sublicensable, non-transferable royalty-free copyright license for the UB Specification. This copyright license permits You to implement the UB Specification solely for the purpose of developing Compliant Product (hereinafter referred to as the "Purpose").
3. Covenant Not to Sue
Subject to your compliance with this Agreement, Huawei covenants not to use any Necessary Claims to initiate any patent infringement litigation or other legal proceedings against You for activities related to the manufacture, use, import, offer for sale, sale, lease, promotion, or other distribution of Compliant Product in relation to the UB Specification.
4. Conditions and Limitations
4.1 You shall not implement the UB Specification in any form for purposes other than the Purpose stated in this Agreement.
4.2 You shall not amend, alter, modify the UB Specification, or create derivative works thereof in any manner, for example, you shall not excerpt or cite any part of the UB Specification for the purpose of developing other standards.
4.3 You shall not use the UB Specification or any part of it to support patent infringement litigation, other legal proceedings against Huawei and/or its affiliates, or any legal analysis concerning Huawei products.
4.4 Unless otherwise agreed in writing, no additional rights are granted under this Agreement beyond those expressly stated, including but not limited to authorization to use Huawei's trademarks or service marks. Any other rights not expressly granted herein are reserved by Huawei.
5.No Warranty
5.1 THE UB SPECIFICATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUAWEI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATED TO THE UB SPECIFICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, PERFORMANCE, AND COMPLETENESS.
5.2 HUAWEI DOES NOT WARRANT THAT THE UB SPECIFICATION WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DEFECTS. ANY RELIANCE YOU PLACE ON THE APPLICABILITY, FUNCTIONALITY, OR PERFORMANCE OF THE UB SPECIFICATION IS STRICTLY AT YOUR OWN RISK.
5.3 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL HUAWEI, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COLLATERAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE UB SPECIFICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination and Effect
6.1 This Agreement shall become effective on the date You accept it in accordance with the method specified at the beginning of this Agreement, and will remain in effect until terminated pursuant to Section 6.2.
6.2 This Agreement will automatically terminate under the following circumstances: (a) if You materially breach this Agreement; or (b) if You initiate patent infringement litigation or other legal actions against Huawei and/or its Affiliates concerning Compliant Product. In either case of (a) or (b), Huawei reserves the right to pursue all legal remedies available, including litigation, to protect its rights from such breaches.
6.3 Upon termination of this Agreement, all rights granted to You hereunder and the covenant not to sue for patents described in Article 3 shall immediately terminate and be void ab initio. You must cease implementation of the UB Specification and any part thereof in any form and permanently delete the UB Specification and all copies from all storage devices or media under your control.
6.4 Articles 1, 4, 5, 6, 7, and 8 shall survive the termination of this Agreement.
7. Language
This Agreement is made in both Chinese and English versions. In the event of any conflict or discrepancy between the two versions, the Chinese version shall prevail.
8. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China. Any disputes arising from or relating to this Agreement shall be submitted to the competent courts located in Shenzhen, People’s Republic of China, which shall have exclusive jurisdiction.