THIS SPECIFICATION IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. THE AUTHORS DISCLAIM ALL LIABILITY, INCLUDING LIABILITY FOR INFRINGEMENT OF ANY PROPRIETARY RIGHTS, RELATING TO USE OF INFORMATION IN THIS SPECIFICATION. EACH MEMBER OF THE OPEN ROADM MSA AGREE to grant non-exclusive, Fair, Reasonable and Non-Discriminatory (FRAND) patent licenses TO MEMBERS OF THE MSA to any claim it owns or has the ability to license that are Standards Essential (i.e., mandatory, necessary or required) to make and use a product compliant with THESE Specifications under the following required conditions:

 

            a)  The patent license only covers preexisting patent claims that are Standards Essential (i.e., mandatory, necessary or required) to make and use a product compliant with THESE Specifications.  The patent license does not include claims directed to Non-Standards Essential design or implementation choices; and

 

            b)  Any person or entity that intends to claim the benefit of this patent license must: (1) identify in writing which Specification(s) apply to its product(s) before said products are sold; and (2) make a reciprocal commitment in writing to license its own patent claims that are Standards Essential (i.e., mandatory, necessary or required) to make and use a product compliant with THESE Specifications under FRAND licensing terms back to MEMBERS OF THE OPEN ROADM MSA.