4. DLMS UA Intellectual Property License to be Incorporated into Products.


4.1 DLMS UA Member and DLMS UA Member’s Affiliate(s)

Subject to the DLMS UA Member and DLMS UA Member’s Affiliate(s) complying with the terms and conditions of the DLMS UA Member Agreement, the DLMS UA Internal Regulations (Bylaws), and according to the conditions as set forth in the Art 5., DLMS UA hereby grants DLMS UA Member and DLMS UA Member’s Affiliate(s):

  1. a worldwide, royalty-free, non-exclusive, transferable, license to use part or all of the DLMS UA IP for the production, supply, promotion, marketing, sale, lease or other distribution of Certified Products incorporating part or all of DLMS UA IP.
  2. a worldwide, royalty-free, non-exclusive, personal license to use part or all of the DLMS UA IP for the development and operation of training by DLMS UA Accredited Expert(s), as defined in the DLMS UA QPP, based on and using DLMS UA IP for the purpose of teaching DLMS UA IP to a DLMS UA Member, DLMS UA Member’s Affiliate(s) and non-Members.
  3. a worldwide, royalty-free, non-exclusive, personal license to use part or all of the DLMS UA IP for the development and operation of certification programs by DLMS UA Accredited Test Laboratories for compatibility processes as defined in the DLMS UA QPP, based on and using DLMS UA IP, for the purpose of certifying the compliance and compatibility of Certified Products respectively with DLMS UA Specifications and DLMS UA Generic Companion Profiles.
  4. Use of the DLMS UA IP for the production, supply, promotion, marketing, sale, lease or other distribution of products embedding part or all of DLMS UA IP that have not successfully passed the DLMS UA QPP is prohibited unless expressly authorized in writing by DLMS UA.

4.2 DLMS UA Qualification Requirements

The DLMS UA Member and DLMS UA Member’s Affiliate(s) acknowledge and understand that conformance with the DLMS UA Qualification Requirements does not constitute a waiver of other obligations of the DLMS UA Member’s or DLMS UA Member’s Affiliate(s), as defined in the DLMS UA Member Agreement and DLMS UA Internal Regulations (Bylaws).

4.3 DLMS UA IP

The license to use DLMS UA IP in a product which has successfully passed the DLMS UA Qualification Requirements and incorporates all or part of the DLMS UA IP shall remain in effect, regardless of whether the DLMS UA Member or DLMS UA Member’s Affiliate(s) that successfully applied to the DLMS UA Qualification Program, for that given product continues to be a DLMS UA Member or DLMS UA Member’s Affiliate(s) in Good Standing. 

However, if the DLMS UA Member or DLMS UA Member’s Affiliate(s) is no longer a DLMS UA Member in Good Standing, and subsequently makes any firmware changes to the embedded DLMS UA IP in the product that has successfully passed the DLMS UA Qualification Requirements, such suspended or terminated DLMS UA Member and DLMS UA Member’s Affiliate(s)shall have the following obligations:

  1. Re-apply to DLMS UA Qualification Program by:
    1. Reapplying for DLMS UA Membership and regaining Good Standing status; and
    2. resubmitting the modified product to the DLMS UA Qualification Program; and
    3. successfully passing the DLMS UA Qualification Requirements to obtain a new DLMS UA Product Qualification Certificate.
  2. Or cease using and remove any DLMS UA Certification Trademark(s) from the product. 

4.4 DLMS UA Members and DLMS UA Members’ Affiliate(s) shall ensure that:

  1. DLMS UA Members’ and DLMS UA Members’ Affiliate(s)’ Products identified by the DLMS UA Certification Trademark(s) and incorporating part or all of DLMS UA IP shall maintain at all times a level of quality and functionality that meets or exceeds DLMS UA Qualification Requirements achieved at the time such Products successfully passed the DLMS UA Qualification Program; and
  2. DLMS UA, or its agents, shall have the right to inspect from time to time, as reasonably necessary, the commercially available Certified Products of DLMS UA Members’ and DLMS UA Member’s Affiliate(s) identified by DLMS UA Certification Trademark(s), to ensure conformance with this Art.4. All the costs of such inspection will be borne by DLMS UA, except for the DLMS UA Member’s cost related to coordinating such inspection and to providing the Certified Product to be inspected.

4.5 The DLMS UA Member and DLMS UA Member’s Affiliate(s) acknowledge that:

  1. Incorporating all or part of the DLMS UA IP into commercialized products cannot be separated from the obligation to submit such products to the DLMS UA Qualification Process and ensure that they successfully meet the DLMS UA Qualification Requirements, nor from the obligation to use the DLMS UA Certification Trademark(s) in accordance with the rules in Art 6 of the DLMS UA Internal Regulations (Bylaws)
  2. A product incorporating all or part of DLMS UA IP that has been submitted to the DLMS UA Qualification Program, but either fails, or has not been submitted to the DLMS UA Qualification Program:
    1. cannot be commercialized with all or part of DLMS UA IP nor marked with the DLMS UA Certification Trademark(s), nor make any reference to DLMS UA Certification Trademark(s) in Product documentation and in any manner likely to deceive, cause confusion in trade or jeopardize the exclusiveness or distinctiveness of the DLMS UA Certification Trademark(s).
    2. may be commercialized and may claim to incorporate any SDO standards that have adopted DLMS UA IP as part of their published standards or suites of standards, provided that such claims specifically reference the published standards using the standards defined labeling, and only for the portion of DLMS UA IP that has been adopted and published by the relevant SDOs. 

4.6 Obligations and Restrictions

The obligations and restrictions imposed on the DLMS UA Member and DLMS UA Members’ Affiliate(s) herein shall remain in force and effect for as long as DLMS UA maintains valid and subsisting rights in the DLMS UA IP and DLMS UA Certification Trademark(s).

4.7 DLMS UA Qualification Program application

The license granted under this Art 4. and any DLMS UA Qualification Program approved application obtained for DLMS UA Certified Products, shall not constitute in any way a representation:

  1. as to the supply of the DLMS UA Certified Products; or
  2. as to the use of the DLMS UA Certified Products; or
  3. that the advertising, promotion, or sale of DLMS UA Certified Products complies with all applicable regional, state or application-specific laws, or that it does not infringe upon the rights of any third party.