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diff --git a/memberagreement.pdf b/memberagreement.pdf Binary files differnew file mode 100644 index 0000000..19b54b0 --- /dev/null +++ b/memberagreement.pdf diff --git a/memberagreement.tex b/memberagreement.tex new file mode 100644 index 0000000..722d44e --- /dev/null +++ b/memberagreement.tex @@ -0,0 +1,163 @@ +\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} |