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Terms and Conditions

Terms & Conditions

Implementation of all or part of this SPECIFICATION may require licenses under third party intellectual property rights, including without limitation, patent rights (such a third party may or may not be a SUPPORTER). The PROMOTERS of the SPECIFICATION are not responsible and shall not be held responsible in any manner for identifying or failing to identify any or all such third party intellectual property rights.”]

[drafting note: the following terms and conditions to be agreed before downloading the specification with an “I agree” -button]

IMPORTANT: READ CAREFULLY

DO NOT DOWNLOAD THE OBSAI SPECIFICATION UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING THE SPECIFICATION (“THE SPECIFICATION”), YOU (“YOU") AGREE TO THESE TERMS AND CONDITIONS.

IF YOU DO NOT WISH TO SO AGREE, DO NOT DOWNLOAD THE SPECIFICATION.

INTELLECTUAL PROPERTY RIGHTS

YOU ACKNOWLEDGE THAT THE IMPLEMENTATION OF ALL OR PART OF THIS SPECIFICATION MAY REQUIRE LICENSES UNDER THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, INCLUDING WITHOUT LIMITATION, PATENT RIGHTS (SUCH A THIRD PARTY MAY OR MAY NOT BE A MEMBER OF OBSAI). THE MEMBERS OF OBSAI ARE NOT RESPONSIBLE AND SHALL NOT BE HELD RESPONSIBLE IN ANY MANNER FOR INDENTIFYING OR FAILING TO IDENTIFY ANY OR ALL SUCH THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

THE MEMBERS OF OBSAI OWN THE COPYRIGHT TO THE SPECIFICATION. NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO PATENT RIGHTS, IS GRANTED TO YOU HEREIN, AND ALL SUCH LICENSES ARE EXPRESSLY EXCLUDED.

OBSAI AND OBSAI LOGO ARE TRADEMARKS OF OPEN BASE STATION ARCHITECTURE INITIATIVE.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT THE SPECIFICATION IS PROVIDED "AS IS" AND NEITHER OBSAI NOR ITS MEMBERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SPECIFICATION OR ANY IMPLEMENTATION OF THE SPECIFICATION WILL NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THERE IS NO WARRANTY BY OBSAI, MEMBERS OF OBSAI OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SPECIFICATION WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SPECIFICATION TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE IMPLEMENTATION, USE AND RESULTS OBTAINED FROM IT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL OBSAI OR ITS MEMBERS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SPECIFICATION, EVEN IF OBSAI OR IT’S MEMBERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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