PlanetLab Europe shall maintain a repository of Software submitted by Members in support of PlanetLab Europe's mission and purpose. Software and other Intellectual Property made available to Members by PlanetLab Europe is from one of five sources:

1. Intellectual Property and Software Contributed by Members to PlanetLab Europe





1. Intellectual Property

If Member desires to contribute Intellectual Property to the PlanetLab infrastructure (except for Software contributions, which shall be governed by the terms of paragraph B below), Member may do so by submitting to the PlanetLab Europe Director General a written Intellectual Property assignment or license agreement, specifying in detail what Intellectual Property is being contributed, what terms and conditions shall apply to the use of such Intellectual Property, and whether such Intellectual Property is subject to any obligations to third parties. In the absence of explicit written terms to the contrary, it shall be presumed that such Intellectual Property is non-exclusively licensed to PlanetLab Europe and Members on a worldwide, royalty-free basis (without the right to sublicense) and throughout the operational life of the platform, to use for academic, non-commercial research purposes within the PlanetLab network. Contributing Members may reserve all patent rights and copyrights whatsoever, including the right to restrict or prohibit commercial use or distribution of any such Intellectual Property. PlanetLab Europe is under no obligation to accept any such contribution; and no Member shall be compelled to make any such contributions; nor will the submission of any such contributions or licenses under this membership Agreement affect such Member's Intellectual Property rights in any non-contributed Intellectual Property or Intellectual Property owned by such Member. The Director General shall notify the Membership of any accepted Intellectual Property.

2. Software

If Member desires to contribute Software to the PlanetLab infrastructure, the PlanetLab Europe Director General shall distribute such Software as “open source” under terms and conditions substantially similar to the Simplified BSD Open Source License Agreements available at www.opensource.org (the “simplified BSD License”) as follow:

Text of the “simplified BSD license”:

"Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
• The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE”.

Such distribution shall be subject to any third party obligations, to the contributing Member’s consent, and to any other applicable legal restrictions. If Member and PlanetLab Europe agree to distribute the contributed code as “open source”, Member shall set forth its consent in a letter and shall submit the Software in source code form along with the letter. Further, if Member’s contributed Software is distributed as “open source”, Member shall also publish necessary associated research materials under terms and conditions consistent with the terms and conditions of the associated Software that it contributes. In the event Member wishes to use or include third party Software as part of its open source contribution that, to the Member’s knowledge, would impair the ability to publish under the BSD License, Member shall promptly inform the PlanetLab Europe Director General of its intention and the licensing terms to be used.

Nothing herein shall be construed as to limit the ability to use or incorporate pre-existing software in the research that is provided under other license terms (e.g., a GPL License). Further, nothing herein shall compel Member to contribute its proprietary Software as described herein. PlanetLab Europe is under no obligation to accept any such Software contribution; and no Member shall be compelled to make any such contribution; nor will the submission of any such Software contributions under this Membership Agreement affect such Member's Intellectual Property rights in any non-contributed Intellectual Property or Software owned by Member. The Director General shall notify the Membership of any accepted Software.

2. Intellectual Property and Software Created Solely Using PlanetLab Europe Membership Fees

Intellectual Property and Software created solely as a result of the efforts of those solely funded by Consortium fees, as defined in the Governance Plan shall be used in furtherance of PlanetLab Europe’s mission and goals. Such Intellectual Property shall be deemed to be contributed by way of a license to Member to use for such purpose on a royalty-free, perpetual, worldwide and non-exclusive basis. Software created solely as a result of these efforts will be distributed in source code form as “open source” under terms and conditions substantially similar to the BSD License. Such distribution shall be subject to any third party obligations and to any other applicable legal restrictions.

3. Intellectual Property and Software Created Using PlanetLab Europe Membership Fees in Collaboration with Member




1. Intellectual Property

If during the term of this Membership Agreement any Intellectual Property is created jointly by Members and those solely funded by Consortium fees (excluding Software, which shall be governed by the terms of paragraph B below), the parties shall negotiate and decide between themselves as to whether a patent application will be filed and if so, who will file, prosecute and defend the application and resultant patent(s). Such Members shall retain all rights, title and interest in such jointly-created Intellectual Property for its own use (including the right to sublicense) without payment of any fee or accounting whatsoever to the other party or parties. The respective interest of Consortium in any such jointly-created Intellectual Property shall be treated as set forth in Paragraph II above.

2. Software

If Software is jointly created by those funded solely by Consortium Fees and Member(s), such Software and documentation will be distributed in source code form as “open source” under terms and conditions substantially similar to the simplified BSD License, as provided in the article 5.1.B) above. Such distribution shall be subject to any third party obligations and to any other applicable legal restrictions.

4. Intellectual Property and Software Created Solely by Member

If Member solely creates Intellectual Property or Software in connection with its use of the PlanetLab Europe network, Member shall retain all property rights in such Software or Intellectual Property. Member may, in its discretion, contribute such Intellectual Property or Software in accordance with Paragraph I. Furthermore, Members may deploy and test their proprietary Software on the PlanetLab Europe infrastructure provided that such use is in accordance with the terms of this Membership Agreement.

5. Intellectual Property and Software Created under Collaborations Between or Among Members

Member may enter into collaborative research arrangements with other Members of PlanetLab Europe provided that the l terms and activities of such collaborations do not violate the terms and conditions of this Membership Agreement.