美国BIM标准

Copyright / Trademark

INTELLECTUAL PROPERTY RIGHTS

Scope of Intellectual Property Rights of the National BIM Standard - United

States? Version 2

It is our goal to make this document available, usable by everyone, and not restricted. That being

said, this is a consensus standard and therefore deviation from this standard is not authorized, or

it would no longer be a standard. We have taken great care not to change any text from what

was voted on by the NBIMS-US Project Committee. There were some editorial corrections and

re- formatting done to make the entire document more usable. However, you do not have

permission to indicate that you conform to this document, if you have changed any of the

language to meet your own needs.

This standard is governed under several copyright references. Each ballot is governed by either

a blanked statement or a specific statement related to that ballot's author.

Normative references

All ballots except as noted below are governed by the following Intellectual Property Rights

statements:

IN CONSIDERATION of the mutual promises and covenants herein,

the parties agree as follows:

a.

The parties acknowledge that NIBS is developing and

commissioning work for a National Building Information Model

Standard

–

United States (NBIMS-US) (

shall be a collective work including the contributions of multiple

organizations and individuals. Volunteer agrees to contribute

his/her intellectual work product to the NBIMS-US, and NIBS

agrees to include Volunteer's work in the NBIMS-US, if in NIBS'

sole discretion the content of such work meets the standards of

acceptable quality established for the Work.

b.

It is understood and agreed that full and exclusive right, title,

and ownership of all copyright and other intellectual property

interests in the collective Work shall vest in NIBS immediately

upon the creation thereof, and NIBS shall have the exclusive

right to claim any and all copyrights, patents, patent rights, and

other intellectual property rights therein. Volunteer shall have no

copyright interest in the NBIMS-US as a whole.

c.

Volunteer shall be entitled to retain whatever copyright interest

he or she may have in the work he/she creates and contributes

to the NBIMS-US. NIBS agrees to acknowledge publicly and

credit the contribution made by Volunteer in any publication of

the NBIMS-US.

d.

To the extent that Volunteer includes in his/her contribution to

the NBIMS-US any material which he/she did not create or to

which he/she does not own the copyright, Volunteer agrees to

obtain the requisite permissions, in writing, for inclusion of such

material in the Work.

e.

Upon a final determination under the NBIMS-US procedural

rules that the ballot item will not become part of the NBIMS-US,

the copyright to the submitted work shall revert to the submitter.

f.

NIBS shall have the exclusive right to use the names National

BIM Standard

–

United States and NBIMS-US as trade or

service marks to identify the Work.

Sections 2.4 through 2.9 of the NBIM-US V2 shall be governed by the following Intellectual

Property Rights

INTELLECTUAL PROPERTY

a.

General

: Works created by the Institute, including the bSa, shall

be owned by the Institute. Works created by CSI shall be owned

by CSI.

b.

Copyrights

: CSI shall grant the Institute a nonexclusive,

royalty- free, worldwide right and license to reproduce, publish,

distribute to the public, and display the tables of its OmniClass

standard that CSI has chosen to ballot as part of the National

BIM Standard- United States as described in section 5(e) of this

agreement for use in the National BIM Standard-United States.

This grant of right and license is limited to the select OmniClass

tables described above and their use in the above named

Institute or bSa publications. Should Institute elect to cease

development of the NBIMS-US, NBIMS-US cease development

through inaction or for any other reason, or NBIMS-US no

longer be provided free of charge to any users, all intellectual

property rights granted to Institute by this agreement shall be

renegotiated within 90 days of written notice by either party of a

change in the program status.