Research Non-Assertion Pledge
The purpose of the GreenXchange is to promote innovation and the dissemination of knowledge that leads to the development, production and adoption of products that enhance sustainability. In order to promote that goal and reduce barriers to conducting research that helps achieve that goal, members of the GreenXchange may adopt the following Research Non-Assertion Pledge (the “Pledge”). This Pledge is made for the benefit of the researchers and institutions meeting the criteria set forth below.
“Grantor” means the entity or individual making this Pledge.
“Non-Profit Institution” means (i) a college, university, or other institution of higher education, (ii) an organization that qualifies for an exemption under section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under Internal Revenue Code (26 U.S.C. 501(a)), or (iii) any nonprofit scientific or educational organization qualified under a state nonprofit organization statute and any organization that receives similar treatment as a non-profit or charitable organization under the applicable laws of other countries.
3. Research Non-Assertion Pledge
3.1 Subject to the exceptions and limitations in this Section 3, Grantor hereby promises not to assert any Patent Rights anywhere in the world against a Non-Profit Institution, or its staff, representatives, or students, in each case only to the extent engaging in Non-Commercial Research Use that would infringe the Patent Rights but for this Pledge.
3.2 Grantor may add new patents, patent applications, or claims to the Patent Rights by providing notice thereof on its designated Web site. Grantor may remove patents, patent applications, or claims from the Patent Rights in accordance with Section 3.4.
3.3 Notwithstanding anything to the contrary, Grantor may terminate this Pledge as against any party in the event that such party asserts a claim of patent infringement against Grantor or any third party with respect to products or services of Grantor, unless (a) such claim is first asserted after Grantor has asserted a claim of patent infringement against such party or any third party with respect to products or services of such party, or (b) such party fully withdraws such claim within ten (10) days after being notified by Grantor. For purposes of this paragraph, “Licensor” and “Licensee” shall also include their respective affiliates.