DLMS UA Intellectual Property license to be embedded into products.

  • Subject to the DLMS UA Member and DLMS UA Member’s Affiliate(s) complying with the terms and conditions of the DLMS UA Membership Master Agreement, the DLMS UA Internal Regulations (Bylaws), and according to the conditions as set forth in the Art 6., DLMS UA hereby grants DLMS UA Member and DLMS UA Member’s Affiliate(s):
    1. a worldwide, royalty-free, non-exclusive, transferable, personal license to use part or all of the DLMS UA IP for the production, supply, promotion, marketing, sale, lease or other distribution of Certified Products embedding part or all of DLMS UA IP.
    2. a worldwide, royalty-free, non-exclusive, personal license to use part or all of the DLMS UA IP for the development and operation of accredited trainings as defined in the DLMS UA QPP based on and using DLMS UA IP for the scope of teaching DLMS UA IP to DLMS UA Member, DLMS UA Member’s Affiliate(s) and non-Members
    3. a worldwide, royalty-free, non-exclusive, personal license to use part or all of the DLMS UA IP for the development and operation of accredited certification for compatibility processes as defined in the DLMS UA QPP based on and using DLMS UA IP for the scope of certifying the compatibility of Certified Products with DLMS UA Companion Generic Profiles.
  • DLMS UA Member and DLMS UA Member’s Affiliate(s) acknowledge and understand that compliance with the DLMS UA Qualification Requirements does not constitute a waiver of DLMS UA Member’s and DLMS UA Member’s Affiliate(s)’s other obligations as defined in the DLMS UA Membership Agreement or DLMS UA Internal Regulations (Bylaws).
  • The license of DLMS UA IP used into a product which have successfully passed the DLMS UA Qualification Requirements embedding all or part of the DLMS UA IP will survive independently whether DLMS UA Member and DLMS UA Member’s Affiliate(s) having applied successfully to the DLMS UA Qualification Program for that given product remains a DLMS UA Member or DLMS UA Member’s Affiliate(s) in Good Standing of the DLMS UA. If DLMS UA Member and DLMS UA Member’s Affiliate(s) is not anymore, a member in Good Standing, and such member perform any firmware change in the embedded DLMS UA IP to the product which have successfully passed the DLMS UA Qualification Requirements embedding all or part of the DLMS UA IP, suc
    1. To re-apply to DLMS UA Qualification Program by:
      1. obtaining again its Good Standing status; and
      2. resubmitting the modified product to the DLMS UA Qualification Program; and
      3. passing successfully the DLMS UA Qualification Requirements to obtain a new certificate of compliance.
    2. Or stop marking its product with the DLMS UA Certification Trademark(s)
  • DLMS UA Member and DLMS UA Member’s Affiliate(s) shall ensure that:
    1. DLMS UA Member’s and DLMS UA Member’s Affiliate(s)’ products identified by the DLMS UA Compatibility Trademark(s) and embedding part or all of DLMS UA IP maintain at all times a level of quality and functionality that meets or exceeds DLMS UA Qualification Requirements met at the time when the DLMS UA Member’ and DLMS UA Member’s Affiliate(s)’ products passed successfully the DLMS UA Qualification Program; and
    2. DLMS UA or its agents shall have the right to inspect from time to time, as reasonably necessary, DLMS UA Member’s and DLMS UA Member’s Affiliate(s)’ commercially available DLMS UA Members’ and DLMS UA Member’s Affiliate(s)’ DLMS UA Certified Products identified by DLMS UA Compatibility Trademark(s) to ensure compliance with this Art. 5. All the costs of such an inspection will be borne by DLMS UA, except the DLMS UA Member’s cost to coordinate such inspection to provide the Certified Product to be inspected
  • DLMS UA Member and DLMS UA Member’s Affiliate(s) acknowledge that:
    1. the use of the DLMS UA Certification Trademark(s) cannot be unbundled from the obligation to embed all or part of the DLMS UA IP and having successfully passed the DLMS UA Qualification Requirements
    2. a product embedding all or part of DLMS UA IP that has been submitted to DLMS UA Qualification Program, but which have failed cannot to be marked with the DLMS UA Certification Trademark(s), nor can use any reference to DLMS UA Certification Trademark(s) into its documentation for marking products’ documents and in any manner likely to deceive or cause confusion in trade or jeopardize the exclusiveness or distinctiveness of the DLMS UA Certification Trademark(s).
    3. a product embedding all or part of DLMS UA IP that has not been submitted to DLMS UA Qualification Program cannot to be marked with the DLMS UA Certification Trademark(s), and:
      1. it cannot directly or indirectly on the product or into its associated documentation refers to DLMS UA in any manner likely to deceive or cause confusion in trade or jeopardize the exclusiveness or distinctiveness of the DLMS UA Certification and Collective Trademarks
      2. it can claim embedding any International or Regional Standardization bodies’ standards which have adopted DLMS UA IP as part of their releases of standards or suites of standards, by referencing specifically to these published standards using their own defined standards’ labelling. DLMS UA Member and DLMS UA Member’s Affiliate(s) acknowledges that DLMS UA has any and all rights to the DLMS UA Certification Trademark(s) and that except for the rights to use expressly set forth in this DLMS UA IPCP, DLMS UA Member and DLMS UA Member’s Affiliate(s) shall have no interest or right to DLMS UA IP and DLMS UA Certification Trademarks.
  • The obligations and restrictions placed on DLMS UA Member and DLMS UA Member’s Affiliate(s) hereabove shall remain in force and effect only so long as DLMS UA maintains valid and subsisting rights in the DLMS UA IP and DLMS UA Certification Trademark(s).
  • The license granted under this Art 5. and any DLMS UA Qualification Program application obtained for DLMS UA Certified Products does not constitutes in any way a representation:
    1. as to the supply of the DLMS UA Certified Products; or
    2. as to the use of the DLMS UA Certified Products; or
    3. that the advertising, promotion, and sales of DLMS UA Certified Products
  • complies with all relevant regional, state or application specific laws and does not infringe the rights of any third party