(Patent and Copyrights)

I.   STA Patent Policy

When STA elects to approve specifications, architecture, proposed standards, or terminology relating to SCSI (“STA Architecture”), STA encourages the disclosure and the licensing of applicable patent rights to facilitate the adoption and implementation of STA Architecture.

1.1   Patent Statement

Prior to approval of proposed STA Architecture, STA may request a Patent Statement from STA members (“Members”) and from participants (“Participants”). Participant includes any person or entity which has participated in the development of the proposed STA Architecture, whether or not a member of STA.

If a Patent Statement is requested, each Member and Participant shall submit a Patent Statement stating one of the following alternatives:

1.1.1:   it does not hold and does not anticipate holding any patent the use of which would be required for compliance with the STA Architecture;

1.1.2:   if it holds or hereafter acquires patents applicable to STA Architecture, it offers to license such patents upon request on a royalty-free basis to any interested person desiring to use the license for the purpose of complying with the STA Architecture; or

1.1.3:   if it holds or hereafter acquires patents applicable to STA Architecture, it offers to license such patents upon request under reasonable terms and conditions that are demonstrably free of any unfair discrimination to any interested person desiring to use the license for the purpose of complying with the STA Architecture.

1.1.4:   it does not agree to offer to license any applicable patent to interested persons for the purpose of complying with the STA Architecture.

It shall be presumed that the offer of a license is conditional on a reciprocal license on reasonable and nondiscriminatory terms from the licensee.

In addition to or in lieu of the foregoing, STA and working committees of STA have the reasonable discretion to request that Members and Participants disclose pertinent patent claims at any stage in the development or approval process of STA Architecture.

1.2   Record of Statement.

A record of Patent Statements requested and received shall be placed and retained in the files of STA, and such information shall be made available for review by Members and Participants through the STA web site.

II.   STA Copyright Policy

Where STA elects to approve specifications, architecture, proposed standards, or terminology relating to SCSI (“STA Architecture”), STA may request that each Member and each Participant disclose any copyright claims, and that each Member and each Participant which asserts copyright claims give an assurance either that:

2.1   a license on a reciprocal basis will be made available without compensation to interested persons desiring to use the license for the purpose of complying with the STA Architecture; or

2.2   a license on a reciprocal basis will be made available to interested persons desiring to use the license for the purpose of complying with the STA Architecture under reasonable terms and conditions that are demonstrably free of any unfair discrimination.

III.   Procedure for Implementation

This Policy shall be disclosed to Members and Participants through the STA website. The chair of each relevant STA working committee should direct that Members and Participants review this Policy in connection with their participation in the development of proposed STA Architecture. Notwithstanding the foregoing, it is the responsibility of each Member and each Participant to be familiar with and to comply with this Policy.

IV.   Notice and Disclaimer

4.1   Notice

STA approval of STA Architecture shall include a disclaimer that STA makes no warranty or representation regarding non-infringement of patents or copyrights in regard to the use of STA Architecture.

4.2   Responsibility for Identifying Patents and Copyrights.

Notwithstanding this Policy, STA is not responsible for identifying patents or copyrights for which a license may be required for the use of STA Architecture or for conducting inquiries into the legal validity or scope of any patents or copyright claims that may be brought to its attention. Each Member, Participant and user assumes all legal responsibilities and risks in this respect.

V.   Amendments

STA reserves the right to amend, suspend or modify this Policy at any time on due notice.

V.   Obligation of Members and Participants

The foregoing is adopted as the Policy of STA. Members and Participants shall be given notice of this Policy through the STA web site, requested to agree to its terms, and notified that compliance with this Policy is a condition of continuing participation in the development and approval of STA Architecture.