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Upon mutual acceptance of the Terms and Conditions herein, The Open Group enters into a Membership Agreement with you, as the Member.
Member participation in any Open Group Membership Meetings, Forums’ or Work Group activities shall be governed by The Open Group Standards Process, available here.
To enable open, IPR safe, voluntary, neutral discussions and contributions towards Material to be published by The Open Group, the Member agrees to the following obligations of confidentiality with respect to Information received through participation and to the resulting intellectual property of Contributions made:
ALL MATERIALS AND INFORMATION PROVIDED BY THE OPEN GROUP ARE PROVIDED “AS IS”, AND THE OPEN GROUP MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OPEN GROUP BE LIABLE FOR ANY LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSSES OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN NO EVENT SHALL THE OPEN GROUP BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, CONTRACTS, PRODUCTION OR USE.
The Member acknowledges that because of the special nature of The Open Group it is reasonable for The Open Group to exclude liability as above and for the Member to take measures, including insurance where appropriate, to mitigate or prevent any potential losses that may arise (provided that such measures are not in breach of these Terms and Conditions).
If any third party makes or threatens to make any claim (or if, in the opinion of The Open Group such a claim is likely) that the use by the Member of any Materials or other Information provided by The Open Group infringes any intellectual property right of such third party, The Open Group may, at its option, either secure the Member’s right to continue using the Materials, make the Materials non-infringing or withdraw the Materials on one month’s written notice whereupon the Member shall not be authorized to make any further use of the materials. This sub-clause states the entire responsibility of The Open Group concerning infringement of third party intellectual property rights.
The Membership Agreement shall automatically renew upon each anniversary date, at the then applicable fee for Member’s revenue published here, unless terminated in accordance with "Termination" below.
The Membership Agreement may be terminated:
These Terms and Conditions may be modified by the inclusion by The Open Group of additional requirements or terms on ninety (90) days written notice to the Member. In the event that the Member does not agree to such additional requirements, the Member may resign from The Open Group upon thirty (30) days written notice. The Member shall not be entitled to a refund of membership fees pursuant to such resignation.
The Membership Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts.
If any provision of the Membership Agreement is for any reason declared illegal in any country, all other provisions shall remain in full force and effect to the fullest extent permitted by such law.
For the avoidance of any doubt, any such finding of illegality in any country shall not affect the validity of any provisions of the Membership Agreement in other countries.
The Open Group is required by the National Cooperative Research and Production Act (NCRPA) to notify the US Department of Justice and the Federal Trade Commission of new members. The Member agrees that execution of this Agreement authorizes The Open Group to fulfill its reporting obligations on the Member’s behalf to U.S. Government as cited in the NCRPA.
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