Implementers of the Office Open XML standard (IS 29500) may rely on any of the following three options: (1) the Licensing Declaration that Microsoft has made to ISO/IEC, (2) the Covenant Not to Sue(“CNS”) set forth below, or (3) the Microsoft Open Specification Promise (“OSP”).
The CNS was developed to cover an earlier version of the Office Open XML standard which was only comprised of technical specifications for the Microsoft Office 2003 XML Reference Schemas (“Specifications”). Accordingly, the CNS only applies to the Specifications. The CNS is a promise by Microsoft that it will not enforce any of its patent claims which are necessary for conforming software product implementations of the Specifications. This promise does not apply if an implementer threatens or seeks to enforce a patent right against Microsoft or its affiliates for a conforming implementation of the Specifications.
The OSP is similar to the CNS except that it is much broader in its coverage. As noted the CNS only covers the Specifications (e.g., the technical specifications for the Microsoft Office 2003 XML Reference Schemas). The OSP includes coverage for the Specifications as well as coverage for Office Open XML 1.0 (Ecma-376), Office Open XML (ISO/IEC 29500:2011), and Implementer’s Notes for Office Open XML v1.0.
Covenant Not to Sue:
Microsoft irrevocably covenants that it will not seek to enforce any of its patent claims necessary to conform to the technical specifications for the Microsoft Office 2003 XML Reference Schemas against those conforming parts of software products. This covenant shall not apply with respect to any person or entity that asserts, threatens or seeks at any time to enforce a patent right or rights against Microsoft or any of its affiliates relating to any conforming implementation of the Specifications. This statement is not an assurance either (i) that any of Microsoft’s issued patent claims cover a conforming implementation of the Specifications or are enforceable, or (ii) that such an implementation would not infringe patents or other intellectual property rights of any third party. No other rights except those expressly stated in this covenant shall be deemed granted, waived or received by implication, or estoppel, or otherwise. In particular, no rights in the Microsoft Office product, including its features and capabilities, are hereby granted except as expressly set forth in the Specifications.
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