Xxxx Exclusion. 2.16.1. This Form does not insure data;
Xxxx Exclusion. The RAND-Z License obligation described in Section 2(d) will not apply to patent claims that a member excludes in writing in accordance with this Section (a “RAND Exclusion”). A member may file a RAND Exclusion for a claim by specifically identifying a particular claim and the applicable portion of the relevant draft specification in writing to the Board, prior to the end of the applicable Review Period. The member must deliver a RAND Exclusion notification promptly upon becoming aware that the claim potentially may be a Necessary Claim and deciding that they are unwilling to license it under a RAND-Z License, even if such awareness arises prior to the Review Period. The member will grant, or will cause its Affiliate to grant, a RAND License to any Necessary Claims identified in the RAND Exclusion, to all member implementers of the relevant Specification who request such a license. Members may not file a RAND Exclusion for claims that read directly on Contributions made by the member or that are otherwise included in a draft specification as a direct result of the intentional input of that member, except to the extent the member specifically identified the Contribution as subject to a RAND Exclusion at the time of submission. For the avoidance of doubt: the RAND Exclusion mechanism described in this Section 2(e) is not available for any new member of OMA3 for Specifications approved prior to the date the new member joins OMA3, and further, a member may not exclude, via RAND Exclusion an obligation to xxxxx x XXXX-Z License for any Necessary Claims that are used in a substantially similar manner, to a substantially similar extent, and to a substantially similar result as Necessary Claims used in a prior ratified Specification for which Member was previously obligated to xxxxx x XXXX-Z License. If a member provides a RAND Exclusion to the Board prior to finalizing the relevant draft specification, the Board will appoint a committee to evaluate the notification and make a recommendation to the Board, and the Board will decide on appropriate next steps. For the avoidance of doubt, the Board does not have the discretion to reject any RAND Exclusions filed by a member in accordance with this policy. If the Board approves a Specification after receipt of an applicable RAND Exclusion, OMA3 will include a statement of this fact in the affected Specification. OMA3 is not responsible for determining validity of any information associated with any RAND Exclusions.
