Conformance Program Terms and Conditions

Introduction:
Zowe is an integrated and extensible framework designed to allow users the flexibility to choose how they interact with z/OS applications and services. In order to better serve this goal, the Zowe community is developing a Conformance Program.

The Zowe Conformance Program gives users the confidence that when they use a conformant product, app, or distribution they can rely on a high level of common functionality, interoperability and user experience.

Conformance provides Independent Software Vendors (ISVs), System Integrators (SIs) and end users confidence that their software will behave as expected. Just like Zowe, the Conformance program will continue to evolve and is being developed by committers and contributors in the community.

Terms:
In this document, the terms have the following meanings:

"Conformance Marks" means (1) the word mark "Zowe Conformant," (2) the "Zowe Conformant" logo, and (3) all other logos and marks described in the Visual Branding Guide
"Project Word Mark" means the trademark "Zowe"
"Conformance Program" means the conformance, testing and trademark usage program descried in this document
"Participant" means a company or other entity that is permitted to use one or more of the Conformance Marks in association with their goods, services, pursuant to the Conformance Program
"Qualifying Offering(s)" means a Participant's goods or services that are conformant pursuant to the testing procedures described in the Test Evaluation Guide, where the conformance testing results have been submitted to and accepted by The Open Mainframe Project.
"Component(s)" means one or multiple of the Zowe API Mediation Layer, Command Line Interface, Web Desktop or future technology included in the Zowe project

Participant Requirements:
In order to be a Participant in the Conformance Program and to use the Conformant Marks, a Participant must do the following:

Identify Offerings: determine those of its goods and services with which it intends to use the Conformance Marks
Apply: submit a signed participation form to The Open Mainframe Project
Test: perform the tests specified in the Test Evaluation Guide on its designated goods and services
Submit Test Results: submit the results of tests to The Open Mainframe Project for review and verification
Successful Review: receive from The Open Mainframe Project confirmation that the test results have successfully passed and the Qualifying Offerings are acknowledged as conformant.
Ongoing Conformance: continue to abide by the terms and conditions of the Conformance Program throughout the period of the Participant's use of the Conformance Marks, including without limitation the specific requirements described below.

Process

1. Identify Offerings

The Participant should identify those of its goods and services, including specific version(s), with which it desires to use the Conformance Marks. These are the goods and services that will be subject to testing. The Participant should also determine the version(s) of the Zowe test suite that it intends to test against. Goods and services which have not previously been Qualifying Offerings must be tested against either (a) the most recent version of the Zowe test suite released by the Zowe project, or (b) the immediately-preceding minor release. If the tests pass successfully, and if the Participant fulfills the other requirements for the Conformance Program, then these goods and services are considered "Qualifying Offerings."

2. Apply
The Participant must submit a completed and signed Participation Form to The Open Mainframe Project by email to XXXXXXX . The Participation form must designate the specific Qualifying Offering(s) that will be tested and include any other information requested on the Participation Form.

3. Test
The Test Evaluation Guide contains details about the self-testing process and the specific tests that must be passed for a Participant's offering to be considered a Qualifying Offering. A Participant confirms that its goods and services are Qualifying Offerings by demonstrating that its offerings have successfully passed all of the tests set forth in the Test Evaluation Guide. The Zowe project will make available a testing evaluation program that Participants will use to determine whether the tests are passed or failed.

4. Submit Test Results
After passing the designated tests, a Participant must submit to The Open Mainframe Project a copy of the testing results generated by the testing evaluation program. These results may be made available to the public on the Zowe project website or public repository if Participant makes public use of the Conformance Marks. However, if the Participant decides not to proceed with any such public use following submission of testing results to The Open Mainframe Project, then upon Participants written request to The Open Mainframe Project the test results will not be publicly disclosed.

5. Successful Review
If The Open Mainframe Project confirms to the Participant that the test have been successfully passed, and if the other requirements for participant in the conformance program have been met, then the Participant may use the Program Marks with its Qualifying Offerings, subject to the usage requirements descried in the section "Use of Program Marks." The Open Mainframe Project may share test results with members of the Zowe project community if The Open Mainframe Project deems it necessary and appropriate in connection with confirming that the tests have been passed or failed.

6. Ongoing Conformance
The participant must continue to abide by the terms and conditions of the Conformance Program throughout the period of the Participant's use of the Program Marks. This includes all of the terms set forth in this agreement, including without limitation the following specific requirements:

Conformance Test Versions: Conformance for a Qualifying Offering is tied to a specific version and component of the corresponding conformance tests. The tests' version number and component must be specified within the Conformance Mark logos, as described in the Zowe Branding Guidelines. When a new major version of Zowe is released, conformant applications and services must update to function properly with the new core version within 30 days. Applications that do not function with core @lts-incremental within the allotted time will no longer be marked as conformant. A plug-in can adapt to @lts-incremental core to regain conformance at any time up until the next Zowe release.

Note: In addition to the 30-day post-release conformance requirement, we will not introduce any breaking changes to @latestcore (forward development) within 30 days of a major Zowe release (1.x.x > 2.0.0). This provides application developers with 30 days leading up to the release to integrate with core and be "day-1 compatible" with the features when they are ported to @lts-incremental.

End User Reproducibility: One objective of the Conformance Program is that the tests set forth in the Conformance Guide should be verifiable by end users of each Qualifying Offering. A Participant may not prohibit or prevent end users of its Qualifying Offerings from running the corresponding self-tests on a Qualifying Offering, in order to reproduce the submitted results and verify their accuracy. If The Open Mainframe Project determines or is informed that (1) end users of a Qualifying Offering are prevented from running the tests, or (2) that end users’ results from running the tests demonstrate that a Qualifying Offering does not successfully pass the tests, then upon written notice from The Open Mainframe Project the Participant must address any non-conformance concerns raised by The Open Mainframe Project; successfully pass the corresponding tests; and submit to The Open Mainframe Project a copy of the new testing results generated by the testing evaluation program within 30 days following such notice. Otherwise, the Participant will be subject to the requirements set forth below for removal of the Conformance Marks from that product or service.

Removal of the Conformance Marks at End of Conformance or Participation. If a Qualifying Offering ceases to remain conformant with the applicable tests, or if any other termination of participation in the Conformance Program occurs, a Participant may no longer use the Conformance Marks in new materials for that formerly Qualifying Offering, and must remove the Conformance Marks from existing marketing materials and websites for that formerly Qualifying Offering within 30 days.

Use of the Conformance Marks
Use of the Conformance Marks is only permitted for Participants who have satisfied the requirements of the Conformance Program, and is only permitted in connection with its Qualifying Offerings. No other rights to use the Conformance Marks or the Project Word Mark are permitted hereunder, except to the extent permitted under “fair use” or other applicable law.

All use of the Conformance Marks is subject to the Trademark Usage Guidelines, which are incorporated herein.

Additionally, the following specific rules also apply to use of the Conformance Marks:

Do follow the requirements set forth in the Zowe Branding Guidelines when using the Conformance Marks.
Do specify the version and component of the Conformance Tests for which a Qualifying Offering has been tested, in a location near the Participant’s use of the Conformance Marks.
Do include appropriate notices of The Open Mainframe Project's ownership of the Conformance Marks and the Project Word Mark.
Do not use the Conformance Marks except as permitted pursuant to the Conformance Program’s terms. For example, do not use the Conformance Marks in connection with a service offering that is not itself a Qualifying Offering, or with a formerly Qualifying Offering whose conformance has terminated.
Do not be misleading about the nature or scope of certification or conformance. Do not state or imply that the Participant’s participation in the Conformance Program constitutes The Open Mainframe Project's endorsement of a Participant or its goods or services. For example, do not say that a Participant or a Qualifying Offering has been “certified by” The Open Mainframe Project or that The Open Mainframe Project "has certified Product XYZ”.
Do not state or imply that there are different degrees of certification or conformance. For example, do not say that a Qualifying Offering is “more certified” than another, or that it was “certified before” another Participant. This does not prohibit use of any Conformance Marks designated for a Qualifying Offering has passed, as described above.

Participant Marks
Each Participant hereby grants to The Open Mainframe Project a royalty-free, worldwide license to use and display the names and logos of Participant and its Qualifying Offerings (the “Participant Marks”) in connection with The Open Mainframe Project's operation of the Conformance Program and its marketing and promotion of Participant’s participation in the Conformance Program. Each Participant represents and warrants that it possesses all rights necessary to make this license grant. The Open Mainframe Project will comply with any reasonable requirements regarding use of the Participant Marks about which the Participant notifies The Open Mainframe Project, and will correct any identified misuse within a reasonable time following Participant’s notification. Nothing in this section shall require The Open Mainframe Project to make any use of the Participant Marks. As between The Open Mainframe Project and Participant, any goodwill associated with the foregoing use of the Participant Marks shall inure to the benefit of the Participant.

Term and Termination
Term.

The term of a Participant’s participation in the Conformance Program shall begin upon the Participant’s submission (by email/form??? or other method made available by Zowe, Inc.???), and The Open Mainframe Project receipt and acceptance, of a fully-completed Participation Form signed by the Participant.

Termination.
Either The Open Mainframe Project or the Participant may terminate Participant’s participation in the Conformance Program upon written notice to the other. Additionally, Participant’s participation in the Conformance Program shall automatically terminate (unless otherwise agreed by The Open Mainframe Project in writing) upon the occurrence of: (1) the Participant’s breach of the terms of the Conformance Program, if such breach is incurable or, if curable, is not cured within 15 days thereafter; or (2) the cessation of conformance for all of the Participant’s Qualifying Offerings, if the Participant does not confirm any new Qualifying Offering within 30 days thereafter.

Effect of Termination; Survival.
Upon the termination of Participant’s participation in the Conformance Program, the Participant may no longer use the Conformance Marks and must remove them from existing marketing materials and websites. The sections of this agreement entitled “Participant Marks,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification” and “Miscellaneous” shall survive any such termination.

Disclaimer of Warranties
THE OPEN MAINFRAME PROJECT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE CONFORMANCE PROGRAM, THE CONFORMANCE MARKS, EITHER TO PARTICIPANT OR TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY DISCLAIMERS AND INDEMNITIES SET FORTH IN THE TRADEMARK USAGE GUIDELINES ARE ALSO DEEMED TO BE INCORPORATED HEREIN. A PARTICIPANT’S PARTICIPATION IN THE CONFORMANCE PROGRAM DOES NOT CONSTITUTE ANY FORM OF ENDORSEMENT BY THE OPEN MAINFRAME PROJECT OF ANY PARTICIPANT OR ITS QUALIFYING OFFERINGS, AND THE OPEN MAINFRAME PROJECT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. THE CONFORMANCE PROGRAM IS OFFERED “AS-IS”, “AS-AVAILABLE” AND “WITH ALL FAULTS.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPEN MAINFRAME PROJECT SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE CONFORMANCE PROGRAM OR ANY PARTICIPANT’S PARTICIPATION THEREIN. IF ANY DAMAGES ARE NOT EXCLUDED UNDER APPLICABLE LAW PURSUANT TO THE PRECEDING SENTENCE, THEN IN NO EVENT SHALL THE OPEN MAINFRAME PROJECT LIABILITY FOR ANY SUCH DAMAGES EXCEED THE FEES PAID TO THE OPEN MAINFRAME PROJECT BY THE PARTICIPANT SOLELY FOR PARTICIPATION IN THE CONFORMANCE PROGRAM. THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL BASIS OF THE DECISION TO OFFER THE CONFORMANCE PROGRAM AND THE PARTICIPANT’S PARTICIPATION THEREIN, AND SHALL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH DAMAGES MAYBE CLAIMED; REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND REGARDLESS OF WHETHER THE FOREGOING LIMITATIONS OF LIABILITY CAUSE ANY REMEDY TO FAIL IN ITS ESSENTIAL PURPOSE.

Indemnification
By electing to participate in the Conformance Program or to make any use of the Conformance Marks, each Participant agrees to indemnify, defend and hold harmless The Open Mainframe Project, together with their affiliates and each of their respective employees, officers and directors (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, damages and penalties, and all related costs and expenses (including reasonable attorneys’ fees) arising from (1) the Participant’s breach of the terms of the Conformance Program, (2) any third party claims that may arise in any manner by reason of Participant’s use of the Conformance Marks with the Participant’s Qualifying Offerings or the Participant’s other goods and services, and (3) any third-party claim relating to the Participant’s Qualifying Offerings or the Participant’s other goods and services, including without limitation any product liability claim.

Entire Agreement; Modifications
These Terms and Conditions, together with the other documents referenced herein, constitute the entire agreement between any Participant and The Open Mainframe Project regarding Participant’s participation in the Conformance Program. These Terms and Conditions and the other documents referenced herein may be modified from time to time by The Open Mainframe Project, and updated versions will be placed on the Conformance Program website. Participant’s continued participation in the Conformance Program or continued use of the Conformance Marks constitutes Participant’s acceptance of all such modifications.

Miscellaneous
All notices to be sent to The Open Mainframe Project hereunder should be sent to XXXXXX, unless otherwise specified herein. The Conformance Program Terms and Conditions are governed by the law of the State of California, without regards to its choice of law provisions, and any action arising hereunder shall be brought in the state or federal courts located in California. The Participant and The Open Mainframe Project agree that the Conformance Program does not create a partnership or joint venture between them or any other Participant.