ECLIPSE FOUNDATION
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The Eclip technology is a vendor-neutral, open development platform supplying frameworks and exemplary, extensible tools (the “Eclip Platform”). Eclip Platform tools are exemplary in that they verify the utility of the Eclip frameworks, illustrate the appropriate u of tho frameworks, and support the development and maintenance of the Eclip Platform itlf; Eclip Platform tools are extensible in that their functionality is accessible via documented programmatic interfaces. The purpo of the Eclip Foundation is to advance the creation, evolution, promotion, and support of the Eclip Platform and to cultivate both an open source community and an ecosystem of complementary products, capabilities, and rvices.苏塞克斯大学
It is the express policy of the Eclip Foundation to require that all activities of the Eclip Foundation, and any committees organized under its auspices, be conducted strictly in accordance with U.S. federal and state antitrust laws and foreign antitrust laws. This policy has been prepared to inform members of the Eclip Foundation of this obligation.
I. OVERVIEW
A. Price-Fixing
Agreements among competitors to fix prices are per unlawful and the government strictly enforces laws against price-fixing. Competitors may be found to have engaged in price-fixing if they:
•agree on the range of prices within which purchas or sales may
be made or that prices are to fall within any sort of formula;
•agree to fix or stop giving discounts; or
•agree to artificially increa or limit supply
Formal written agreements are not required for an antitrust violation to exist. Informal, even tacit, agreements may violate the antitrust laws.
Illegal price fixing may occur even when undertaken by non-competitors when there is an agreement to fix the price at which a purchar will rell a product. Where a product is sold for resale, the ller is permitted to suggest resale prices to customers, but any agreement as to resale prices, whether formal or informal, express or implied, is to be avoided.
Members should keep in mind at all times that the mission of the Eclip Foundation is to promote the development of the Eclip Platform. Accordingly, Eclip Foundation activities should not involve any individual member’s activities in pricing or marketing particular products. To avoid the risk of liability, Eclip Foundation members should
never discuss prices, pricing systems, or discounts relating to the Eclip Foundation or in conjunction with Eclip Foundation activities, nor should the Eclip Foundation ever be involved in members' pricing or marketing practices.
B. Agreements To Allocate Markets
The antitrust laws expressly prohibit any understanding or agreement between competitors or members of an association involving division or allocation of geographic markets or customers, or an agreement to divide sales by product type. Even an informal agreement whereby one member agrees to stay out of another's territory or product markets may constitute a violation of the antitrust laws and must be avoided.
C. Concerted Refusals to Deal
Members should avoid participating in "concerted refusals to deal" relating to the Eclip Foundation or in conjunction with Eclip Foundation activities, the are more commonly known as boycotts. Members should be careful not to make agreements that in effect result in the exclusion of a competitor from a market or a competitive activity. For example, an agreement among two or more members of an organization or group to no longer licen or buy from (or licen or ll to) a particular supplier or distributor might constitute such a boycott. To avoid this risk, members should avoid any discussion or conduct that involves the refusal to deal with a particular third party.
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II. COMPETITION
Nothing contained in this policy should be construed to prohibit or limit a member from making, using, lling, marketing, or promoting products that do not embody or make u of the Eclip Platform. Members are not required to exclusively u, announce, or promote Eclip tools or specifications. Members are free to design, develop, manufacture, acquire or market their respective products in any lawful way.
III. GENERAL OPERATING PROCEDURES
In order to ensure that Eclip Foundation activities are conducted fairly in a manner that does not u
nduly benefit some competitors to the detriment of others, it is important that proceedings of the organization be conducted openly and with the opportunity for participation from all interested parties. To that end, the policies of the Eclip Foundation conform to the following guidelines:
A. Membership. Any organization or entity that satisfies membership criteria
and agrees to abide by the rules and agreements of the Eclip
Foundation may join the Eclip Foundation. Members are not precluded
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B. Notice of Meetings. All meetings shall be preceded by notice to members,
as t forth in the by-laws.
C. Meetings and Agenda: All meetings will follow a prepared agenda and
follow any procedures t forth in the by-laws. An agenda should be
distributed prior to the meeting. Potential antitrust questions pod by the
agenda should be raid in advance.
D. Minutes. Accurate minutes shall be kept of all Board and committee
meetings. The minutes of the preceding meetings shall be read and
approved at each meeting. After minutes have been approved, they shall
be distributed to all attendees within a short period following the meeting.
It is important that any deficiencies in minutes promptly be brought to the
attention of the Eclip Foundation cretary.
E. Distribution of Antitrust Policy. It is the policy of the Eclip Foundation
that a copy of this antitrust policy be distributed to all members.
IV. PROHIBITED MEMBER CONDUCT
DO NOT discuss or exchange information relating to the Eclip Foundation or in conjunction with Eclip Foundation activities regarding:
• Any member’s current or projected prices, price changes, price
differentials, markups, discounts, allowances, terms and conditions
or sale, including credit terms, etc., or data that bear on prices,烙饼油酥怎么做
including profits, margins or cost for any product or rvice.
• Individual company plans to licen intellectual property to or from third parties.
• Individual company costs of procurement, development or
manufacture of any product.
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• Individual company market shares for any product or for all
products.
V. PERMITTED MEMBER CONDUCT
In addition to other legally permissible activities, members may engage in the following conduct:
• Members may design, develop, manufacture, acquire or market
competitive specifications, products and rvices.
• Members may join or participate in any other associations,佛语祝福
including competitive open-source organizations.
• Members may decide whether or not to utilize Eclip
developments in their business operations and to what extent.
• Members should adhere to prepared agendas for all Eclip
Foundation meetings.
• Members should insist that meeting minutes be prepared and
distributed to all participants, and object whenever meeting minutes
do not accurately reflect the matters that transpired.
• Members should report any violations of this Policy concerning
Eclip Foundation activities to the Board of Directors.
Members assume responsibility to provide appropriate legal counl to their reprentatives regarding compliance with this policy.
If you have a question regarding the matters, contact your own counl or Jeffrey Neuburger, of the firm of Brown Raysman Millstein Felder & Steiner LLP, which provides counl to the Eclip Foundation:
Jeffrey D. Neuburger
Brown Raysman Millstein Felder & Steiner LLP
900 Third Avenue
程漫New York, NY 100022
212.895.2320 phone
212.895.2900 fax
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