SDA IP Policy

SD CARD ASSOCIATIONINTELLECTUAL PROPERTY POLICYThis Intellectual Property Policy ("IP Policy") is designed to state clearly the expectation of the SD Card
Association ("SDA"), with regard to any individual member company's ("Member") intellectual property as
well as the intellectual property of the SDA, 3C Members (as defined below) and the SD-3C, LLC,
respectively.
The SDA strives to establish high quality specifications that can be implemented in a compliant manner by
any interested party.
The SDA Board of Directors (“Board”), or its delegates, shall have the responsibility of determining
Members' compliance with this IP Policy. By joining or continuing to participate in the SDA, each Member
agrees to abide by the terms of this IP Policy including with respect to any Adopted Specifications (asdefined below) which were adopted prior to or during its membership. Members failing to abide by this IP
Policy are subject to expulsion from the SDA.
1.

TYPE OF SPECIFICATIONS“Specification” as used herein means and includes one or more sets of requirements (each set identified
by a number or letter-number combination “Specification Part”) that is a new version 1.0 or is a modificationor amendment to an existing Specification Part and designated as subsequent version thereto such asversion 1.01, 1.1 or 2.0 and following (each a “Version”) and wherein a Specification is either a Technical
Specification or Addendum, Notes, Guideline, Test Specification, or Simplified Specification of a Technical
Specification (as specified in the Specification Matrix and made available on the secured Member Site athttps://members.sdcard.org/matrix/members). For purposes of this IP Policy, references to Specifications
exclude third party standards incorporated in whole or in substantial part into Specifications or merelyreferred to in Specifications. For clarity, Specification includes but is not limited to SD Specifications.
“SD Specifications” are:(a) each Version of the Part 01 Physical Layer, the Part 02 File System, the Part 03 Security, the Part
04 Audio Application, the Part 05 Picture Application, the Part 06 Voice Application, the Part 07
pDocument Application, the Part 08 Video Application, the Part 09 PIM Application, the Part 10
Image, the Part 11 ePublish Application, the Part 12 Sound Application, the Part 13 Binding
Application, the Part 14 Map Application, the Part 15 SD Separate Delivery, the Part A1
Advanced Security SD Extension, the Part A2 Standard Host Controller, the Part A3 Advanced
Security, the Part A4 Data Protection System, the Part A5 SD Extension API, the Part E1 SDIO
Card, the Part E2 Bluetooth Type A Card, the Part E3 Bluetooth Type B Card, the Part E4 GPS
Card, the Part E5 Camera Card, the Part E6 PHS Card, and the Part E7 Intelligent SDIO, (eachVersion of a Part known as a “SD Technical Specification”) (collectively known as “SD
Technical Specifications”);(b) each Version of Addendum, Notes, Guideline, Test Specification or Simplified Specification of a
SD Technical Specification (“SD Technical Support Specification”)(collectively known as “SD
Technical Support Specifications”); and(c) each Specification or Specification Part that implements or incorporates any portion of the SD
Technical Specifications or any portion of the SD Technical Support Specifications. The SD
Technical Specifications and the SD Technical Support Specification are available on the secured
Member Site at https://members.sdcard.org/matrix/members .
"Proposed Specifications" are those Specifications that have not yet been formally adopted by the SDA
and which remain subject to review and comment by Members during specified periods of time.
On the other hand, "Adopted Specifications" are those Specifications that have gone through the formal
process of being adopted by the SDA as part of the standard. Subject to agreement on certain terms,
Adopted Specifications may be licensed for commercial purposes.

Approved by Board March 22, 2023

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SDA IP Policy

For purposes of this IP Policy, unless otherwise specified references to "Specifications" shall mean
Proposed Specifications and Adopted Specifications collectively.
2.

PATENTSThe following terms shall have the following meanings:“Essential Patent Claim(s)” means Patent Claims which are required to implement the Adopted
Specification or portions thereof.
“Patent Claims” means the claims of a patent whether issued and existing or pending which are owned
and under the control of such party.
Subject to the provisions of Section 5, each Member must be prepared to license in a non-discriminatory
fashion, and on reasonable terms, to all other Members and non-member licensees (collectively,"Licensees"), such Member's Essential Patent Claims. If a Member desires to incorporate any changes to
the Specifications (whether intellectual property rights in those changes are owned by such Member or athird party), then such changes will not be incorporated into the Specifications unless such Member or thethird party likewise agrees to license any Essential Patent Claims, as the case may be, that cover suchchanges on the same terms as described in this Section 2.
Licensing rights that include granting the SDA the right to sub-license, directly or through other licensing
entities, and licensing at zero cost to Members, are the terms considered to be most desirable by the SDA.
The licensing commitments made by Member under Section 5 of this IP Policy shall be interpreted asencumbrances that bind all successors-in-interest, including without limitation any third party in connection
with the sale, assignment or other transfer by a Member of Essential Patent Claim(s). Furthermore, any
Member who has submitted a License Assurance / Disclosure Form and who transfers ownership of such
Essential Patent Claim(s) shall comply with the terms of such License Assurance / Disclosure Form withrespect to such transfer. Without waiving the obligations set forth therein, the licensing commitments madeby Member shall be interpreted as binding on successors-in-interest and transferees regardless of whether
Member or its successors-in-interest comply with the transfer terms of such License Assurance / Disclosure
Form.
Certain exceptions apply to the licensing requirement stated in this Section 2. A Member will not be required
to license or continue to license its Essential Patent Claims to a Licensee if: (i) such Licensee does notagree to grant back a license to all other Licensees under such party's Essential Patent Claims on terms
and conditions comparable to those contained in the license granted by the Member and/or (ii) such
Licensee has commenced or has threatened to commence patent litigation on an Essential Patent Claimagainst such Member while such patent litigation or dispute is continuing relating to products compliant with
the Adopted Specifications.
3.

COPYRIGHTS

Copyrighted material submitted by a Member for inclusion in a Specification (“Submitted Material”) must
include at the time of submittal a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple
tiers), royalty free, worldwide license to the SDA to use, reproduce, modify, prepare derivative works of,
distribute, publicly display and/or perform the Submitted Material and/or any derivative thereof. The
Member (on behalf of itself and any employees, contractors, consultants or agents involved in the creationof such Submitted Material) hereby waives and agrees not to assert any and all moral rights, including,
without limitation, any right to identification of authorship or limitation on subsequent modification in such
Submitted Material. The Member represents and warrants that to its knowledge (a) no information in such
Submitted Material is confidential (except as such material may be incorporated in the Specifications as
set forth in Section 6 of this IP Policy) and that the SDA may freely disclose such information, (b) there areno limits to the Member’s ability to make the grants, acknowledgements and agreements herein, and (c)the Member has not included in the materials any information which is defamatory, untrue or which isillegal under the laws of the jurisdiction in which the Member has its principal place of business. SDA shallown the copyright in Adopted Specifications, subject to the underlying copyright rights of the submitting
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SDA IP Policy

Member in the Submitted Material, provided that, except as expressly granted herein or otherwise
expressly made available by SDA for all Members, the submitting Member shall have no rights, whether
expressly, or by implication, estoppel or otherwise, in such Adopted Specification, including without
limitation the modifications made to Submitted Material by the SDA and/or its working groups orcommittees and/or other materials combined or collected with such Submitted Material. Any publication of
an Adopted Specification shall contain an appropriate copyright notice in the name of SDA and its licensors(and in the case of specifications incorporating portions of the Initial Specifications, the 3C Members as
such terms are defined below), without further identification or attribution to the submitting Member.
Notwithstanding the foregoing, the copyrights in Parts 1-4, Versions 1.0 and 1.01 of the Adopted
Specifications (Parts 1-4, Version 1.0 and 1.01 of the Adopted Specifications being known as “Initial
Specifications”) shall be owned by Panasonic Corporation, SanDisk LLC and KIOXIA Corporation(collectively, the "3C Members") and licensed by SD-3C, LLC under the terms of the SD Host/Ancillary
Product License Agreement and/or the SD Card License Agreement. Initial Specifications are madeavailable on the secured Members Site at https://members.sdcard.org/members.
4.

TRADE SECRETS

With respect to information disclosed by any Member to the SDA or during any SDA Meeting to any otherMember relating to SDA matters, such information shall be non-confidential and treated as such by the SDA
and other Members, unless otherwise covered by Section 6 below. As used herein the term “SDA Meeting”
means an SDA general session, e-mail reflector communication, working group meeting or other SDA
meeting held in any manner (e.g. in person, teleconference or otherwise). With respect to Submitted
Material, the Member who submitted such material may continue to use and disclose such material, except
as part of any Adopted Specification and except for the derivative works created by the SDA.
Each Member grants to SDA a perpetual, irrevocable, royalty free, non-exclusive, worldwide license to any
information, trade secret or know-how of such Member that has been provided by such Member andincorporated into any Specifications, to issue and license such Specifications to Licensees pursuant toterms and conditions, and to otherwise use and disclose (subject to the prior consent of the SD-3C, LLC
with respect to the Initial Specification such Specifications, as determined by the Board. Each Member
waives the right to receive compensation (for example, a share of the license fee or administration fee, ifany), that may be received from Licensees for the Specifications into which such information, trade secrets
or know-how of the Member has been incorporated.
Notwithstanding the foregoing, any trade secrets in the Initial Specifications shall be owned by the 3C
Members and licensed by SD-3C, LLC under the terms of the SD Host/Ancillary Product License Agreement
and/or the SD Card License Agreement. Initial Specifications are made available on the secured Members
Site at https://members.sdcard.org/members.
5.

DISCLOSURE POLICYWhen considering whether proprietary technology should be included in the Specifications, the SDA
balances the benefits of such technology with the burden of compliance with licensing requirements. As
such, any Member making a Contribution (as defined below) to a Specification shall disclose, at the time ofsubmittal, all known proprietary intellectual property rights included in the Contribution and shall provide to
the SDA a completed License Assurance / Disclosure Form either (i) at the time such Contribution is madein written form, or (ii) within twenty (20) days after an oral Contribution is memorialized in written
documentation as set forth below. As used herein, the term “Contribution” means any Submitted Material,
proposal, suggestion, or other submission offered by a Member in the process of developing a Specification
for the purpose of incorporating such Submitted Material, proposal, suggestion, or other submission into aSpecification, provided that such Submitted Material, proposal, suggestion, or other submission either (a)exists in a tangible form of expression (including in electronic media); or (b) is a verbal statement that ismemorialized in written documentation (such as a Proposed Specification, Submitted Material or meeting
minutes) and is either confirmed or not objected to by such Member within twenty (20) calendar days after
its receipt of or access to such memorialization, including without limitation via posting on the SDA website.
For avoidance of doubt, unless and only to the extent that a Member making a Contribution timely objects
to the memorialization of an oral Contribution as set forth above, such Member making a Contribution shallApproved by Board March 22, 2023

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SDA IP Policy

be deemed to have agreed to license any and all Essential Patent Claim(s) that implement such
Contribution, alone or by combination of the Contribution with an Adopted Specification, in a nondiscriminatory fashion, and on reasonable terms, without the opportunity to withdraw as set forth below,
provided that such Adopted Specification was the subject of the development effort for which theContribution was submitted or within the same general scope of such development effort (“Relevant
Specification”).
Each Member that formally joins the subgroup of the Technical Committee involved in the development
or revision of Specifications (“TC Subgroup”) as a listed participant (hereinafter “Registered
Participant”) shall be deemed to have agreed as a condition of such participation to license in a non discriminatory fashion, and on reasonable terms, to all other Licensees, s uch participant’s Essential
Patent Claims with respect to any resulting Adopted Specification(s) without the ability to withdraw fromsuch commitment as set forth below. Each Member that is not a Registered Participant that attends (inperson or by telephone) more than one (1) meeting of the TC Subgroup within a one-year period(“Unregistered Participant”) shall be deemed to have agreed as a condition of such participation tolicense in a non-discriminatory fashion, and on reasonable terms, to all other Licensees, suchparticipant’s Essential Patent Claims with respect to any resulting Adopted Specification(s), unless andonly to the extent such Unregistered Participant submits a License Assurance / Disclosure Form
indicating its unwillingness to license on such terms and formally withdraws from participation within areasonable time of the formulation of a Proposed Specification but in no event later than thecommencement of the Notice Period as defined below (“Early Notification and Withdrawal”).
All Members of the SDA are encouraged to disclose all known proprietary intellectual property rights in a
proposal for a Specification by completing the License Assurance / Disclosure Form as soon as it comes totheir attention. (Disclosure by itself does not diminish any ownership rights in the proprietary technology or
associated intellectual property rights).
Disclosure of Essential Patent Claims under this Section 5 shall mean the following: (a) with respect toissued patents, the patent holder name, address and intellectual property rights contact person; name ortitle of the patent; the patent number; the date of filing and the date of issuance; the jurisdiction of issuance,(b) with respect to published applications, the patent holder name, address and intellectual property rights
contact person; name or title of the patent; the patent application number; the date and jurisdiction of filing,and (c) with respect to unpublished pending application, disclosure merely of the existence of such
unpublished application(s), provided that in the event the patent application holder does not indicate its
willingness to license in a non-discriminatory fashion, and on reasonable terms, to all Licensees, suchpatent application holder must identify the portion(s) of the Proposed Specification on which such Essential
Patent Claims(s) read(s). Nothing herein precludes broader disclosure of unpublished patent applications
on a voluntary basis or pursuant to a non-disclosure agreement. If any disclosed patent or patentapplication contains Essential Patent Claims which, if licensed, would require a payment of royalties orother material consideration to an unaffiliated third party, the Member must also highlight this fact in its
disclosure statement.
When a formal written recommendation is published to all the Members in accordance with Section 10.1 (a)of the then current adopted version of the Bylaws of the SD Card Association (“SDA Bylaws”) and to allnonmember licensees, each Licensee will be required to disclose to the SDA's Technical Committee all of
its Essential Patent Claims that to its knowledge are required to implement the Proposed Specifications
recommended by the Technical Committee, such notice to be given within sixty (60) days from the datesuch recommendation is published ("Notice Period"). Licensees making such disclosure shall provide to
the SDA a completed License Assurance / Disclosure Form within the Notice Period.
Notwithstanding anything to the contrary in this IP Policy and except as set forth above for Participants, withregard to Essential Patent Claims required to implement a Proposed Specification, a Licensee is given thefollowing options on licensing by providing to the SDA a completed License Assurance / Disclosure Form
within the Notice Period:(i) agree to license in a non-discriminatory fashion for use in such implementation, on such terms as aredisclosed with such statement, to all Licensees, once the Proposed Specification is adopted by the
SDA; orApproved by Board March 22, 2023

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SDA IP Policy(ii) agree to license in a non-discriminatory fashion for use in such implementation, upon reasonable terms
and conditions as provided in Section 2 above, with or without charge, to all Licensees once the
Proposed Specification is adopted by the SDA; or(iii) do not agree to license in connection with any or all of the implementations described in the Proposed
Specification, in which case the SDA will not include such Licensee's proprietary technology in theSpecifications.
For avoidance of doubt, a Licensee must agree to license in a non-discriminatory fashion, and on
reasonable terms, such Member's Essential Patent Claims in the following circumstances (a) if it is a
Registered Participant in the TC Subgroup producing such Specification(s), (b) except in the case of Early
Notification and Withdrawal, if it is an Unregistered Participant in the TC Subgroup producing suchSpecification(s), or (c) except as expressly set forth above for timely objection to the memorialization of anoral Contribution, with respect to a Contribution made by such Licensee incorporated into suchSpecification, provided that such Specification is a Relevant Specification. If a Licensee does not provide
such a statement and submit a License Assurance / Disclosure Form before the end of the Notice Period,
the Licensee will be deemed to have agreed to grant nondiscriminatory licenses upon reasonable terms inaccordance with the provisions of this Section 5(ii) above, with or without charge. Upon conclusion of such
Notice Period and pursuant to Section 10.1 of the SDA Bylaws, the Technical Committee may modify the
Proposed Specification in light of such disclosure and resubmit the modified Proposed Specification to the
Licensees for reconsideration.
The IP Policy applies equally to situations involving the Essential Patent Claims that issue or are discovered
after adoption of the Specification. In the event that such additional Essential Patent Claims of a Licensee
come to the attention of such Licensee, such Licensee shall promptly notify the SDA in writing of such rights
by submitting a License Assurance / Disclosure Form and shall make licenses available under such
Essential Patent Claims in a non-discriminatory fashion, and on reasonable terms, to all other Licensees,
subject to the terms of this IP Policy. Upon becoming a Licensee, a Licensee shall be deemed to haveagreed to license in a non-discriminatory fashion, and on reasonable terms, to all other Licensees, such
Licensee’s Essential Patent Claims in any Adopted Specifications that were adopted prior to becoming a
Licensee. Licensee shall also be deemed to have agreed to license in a non-discriminatory fashion, andon reasonable terms, to all other Licensees, such Licensee’s Essential Patent Claims in any Adopted
Specification that is adopted during the term of Licensee’s membership or license, unless Licensee properly
filed a License Assurance / Disclosure Form indicating option “(iii)” with respect to such Essential Patent
Claims.
Notice is given that the Initial Specifications and other Adopted Specifications incorporating any portion(s) of
the Initial Specifications, contain intellectual property held by the SD-3C, LLC and/or 3C Members licensed by
the SD-3C, LLC through the SD Host/Ancillary Product License Agreement or the SD Card License Agreement(“3C Notice”). The above 3C Notice shall be a sufficient disclosure of Essential Patent Claims for purposesof this IP Policy or during any IP review period to the extent the same Essential Patent Claims are required
for any Proposed Specification incorporating any portion(s) of the Initial Specifications, provided that such
Essential Patent Claims are licensed by the SD-3C, LLC under the terms of the SD Host/Ancillary Product
License Agreement and/or the SD Card License Agreement.
To the extent any other Essential Patent Claims are disclosed against a Specification, information regarding
any parties who have claimed patent rights in the Specification may be obtained from the SDA
Administrative Office (“SDA Office”).
The SDA makes no representation as to the reasonableness of any terms or conditions of the license
agreements offered by such patent rights holders, and all negotiations regarding such terms and conditions
must take place between the individual parties outside the context of SDA. Notice is hereby given, however,that it is also possible that other patent rights that have not been disclosed to the SDA may be implicatedby implementation of or compliance with an Adopted Specification. The SDA is not responsible for
identifying patent claims for which a license may be required in order to implement an Adopted Specification,and takes no position and conducts no inquiries with respect to the legal validity or scope of those patents
or patent claims that are brought to its attention.

Approved by Board March 22, 2023

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SDA IP Policy

6.

NONDISCLOSURE OF SPECIFICATIONS AND OWNERSHIPAs used herein “Confidential Information” means the Specifications (except to the extent disclosed in the
Simplified Specifications posted on the public portion of the SDA Website) and other information, visual, oral
or written, which is designated as confidential during any SDA Meeting or which is disclosed in a SDA
Meeting and a reasonable person would understand to be confidential or proprietary from the context of suchdisclosure. Confidential Information shall be deemed the proprietary and trade secret information of the SDA
and, with respect to the Initial Specifications, the 3C, LLC and/or 3C Members. Members agree to notdisclose Confidential Information to any non-Member, to maintain the confidentiality of such information andto use such information only for the following purposes: (i) to facilitate discussions within the SDA Meetingsor discussions amongst Members during interim periods between such SDA Meetings for the definition,
development and promotion of technical specifications; and (ii) to evaluate the Specifications internally foruse in developing, designing and/or manufacturing possible future products which are compliant with suchSpecifications (the "Purposes").
Members further agree to use at least reasonable care to protect the Confidential Information fromunauthorized use or disclosure. Except as expressly set forth in a License Agreement (as defined below),
this commitment shall include limiting dissemination of the Confidential Information to those employees witha need to know such information to carry out the Purposes and who are bound by written confidentiality
obligations substantially similar to the obligations stated in this IP Policy. Members also agree to comply
with any export laws or regulations regarding a Member's own dissemination of the Confidential Information.
No license, express or implied, is granted to Members for the Confidential Information other than the
Purposes. Commercial use of the Adopted Specifications requires a separate written definitive license
agreement to be consummated between a Member and the SDA and/or SD-3C, LLC, as appropriate(“License Agreement”). Members agree that both the SDA and, with respect to the SD Specifications, eachmember of the 3C Members and the SD-3C, LLC, shall have standing and rights to enforce their respective
interests in any intellectual property covered by this IP Policy.
Members agree to give the SDA prompt written notice of any unauthorized use or disclosure of theConfidential Information, with verification of receipt. Upon receipt of any such notice, the SDA will take those
steps that it deems appropriate in its discretion in light of the information it receives.
Members agree that the Confidential Information and the Simplified Specification is provided toMembers: (i) on an "AS IS" basis and may have defects or deficiencies that cannot and will not becorrected; and (ii) without any warranties of any kind, express, implied or statutory, including but
not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
MEMBERS AGREE THAT IN NO EVENT SHALL THE SDA BE LIABLE FOR ANY MONETARY DAMAGES WITH RESPECT TO
ANY CLAIMS RELATED TO, OR ARISING OUT OF, THE CONFIDENTIAL INFORMATION AND/OR THE SIMPLIFIEDSPECIFICATION OR ANY MEMBER'S USE OF THE CONFIDENTIAL INFORMATION AND/OR THE SIMPLIFIEDSPECIFICATION, OR PORTIONS THEREOF, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF THE SDA HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. IN ADDITION MEMBERS ALSO AGREE THAT IN NO EVENT SHALL THE SD-3C, LLC OR ANY OF
THE 3C MEMBERS BE LIABLE FOR ANY MONETARY DAMAGES WITH RESPECT TO ANY CLAIMS RELATED TO , OR
ARISING OUT OF, THE INITIAL SPECIFICATIONS OR ANY PORTION THEREOF IN THE SIMPLIFIED SPECIFICATION OR ANY
MEMBER'S USE OF SUCH PARTS OR PORTIONS THEREOF IN THE ADOPTED SPECIFICATIONS OR THE SIMPLIFIEDSPECIFICATION, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL OR PUNITIVE DAMAGES, EVEN IF THE SD-3C, LLC OR ANY OF THE 3C MEMBERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

7.

CONFLICTApproved by Board March 22, 2023

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SDA IP Policy

Any proposals for new Specifications, changes to existing Adopted Specifications and/or any questions or
conflicts regarding the proposals shall be submitted to the SDA Technical Committee for review. Subject tothe authority of the Board as set forth in Section 10.4 of the SDA Bylaws, the Technical Committee canelect whether to accept the proposal for consideration or to reject it by returning it to the submitting Member,
together with formal comments as may be applicable. If rejected, the submitting Member shall be notified
by the Chair of the SDA Technical Committee or the working group thereof through which it was originallysubmitted. If rejected, the proposal and all related proposal inputs shall not be included within the applicable
minutes for that Technical Committee meeting, but the minutes shall include sufficient information todescribe the proposal and results of the discussion thereof including the reason for rejection.
If the Technical Committee fails to decide whether or not a proposal shall be considered, the proposal andapplicable information (including minutes of the pertinent Technical Committee discussion) shall be
submitted to the Board. The Board may elect to accept or reject the proposal for consideration or delegate
further action. Applicable comments and resultant decisions by the Board shall be included in the minutesof their applicable meeting(s) but the proposal itself need not be included.

Approved by Board March 22, 2023

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8.

COMMITTEE AND WORKING GROUP WORK PRODUCTParticipants acknowledge that, subject to the other provisions of this IP Policy, the copyrights and all otherrights in or to the materials produced in or by committees and/or working groups of the SDA (“Work
Product”), including without limitation Specifications and related documentation developed by SDA
committees and/or working groups, is owned by the SDA and SDA may register such copyright in its own
name. Such materials are owned by the SDA as a “work for hire” as set forth in the US Copyright Act. To
the extent that all such rights in Work Product are not vested in SDA as a “work for hire” all such Participants
agree to assign and hereby assign all rights in and to the Work Product to the SDA and further agree totake any actions reasonably requested by SDA to perfect SDA’s ownership in the Work Product, including
execution of additional documents of assignment.
9.

CONSTRUCTIVE NOTICE.

Licensee entities are responsible for insuring that the contact person provided to the SDA Office is correctand complete at all times, including without limitation containing a valid e-mail address for such contact
person. Licensees will be deemed to have received notices and announcements provided pursuant to thisIP Policy, including without limitation commencement of the Notice Period and voting on proposed
Specifications, within 24 hours of distribution by the SDA Office to the most recent e-mail address provided
in writing by such Licensee for its contact person.

10.

GENERAL RIGHTS AND SURVIVAL

Member rights and obligations under this IP Policy may not be assigned or delegated without the priorwritten consent of the SDA.
The provisions of this IP Policy shall survive the termination of SDA membership of any Member as follows:(i) Sections 1, 2, 3, 4, 6, 8, 10, and 11 shall survive in perpetuity; and (ii) the license assurance set forth ina License Assurance / Disclosure Form, and any commitment set forth in this IP Policy to license in a nondiscriminatory fashion, and on reasonable terms, to all other Licensees, such Member’s Essential Patent
Claims, shall survive with respect to (a) any Specification adopted prior to such termination, (b) except as
expressly set forth above for timely objection to the memorialization of an oral Contribution, with respect to
any Contribution made by Member and incorporated into a Relevant Specification or portion thereof,
whether such Relevant Specification is adopted prior or subsequent to such termination, and (c) in the caseof Registered Participants and Unregistered Participants, any Specification proposed in the applicable TC
Subgroup prior to such termination that is subsequently adopted, unless such Member was an Unregistered
Participant that made an Early Notification and Withdrawal in accordance with Section 5. Except as set
forth in the preceding sentence, such provisions shall apply only to Member’s Essential Patent Claims to
the version of the Specification Parts which were (i) disclosed to Members while such Member was amember of the SDA. (“Disclosed Specification Part”), and (ii) not disclosed to Member while such Member
was a member of the SDA (“Undisclosed Specification Part”), but only to the extent that the Disclosed
Specification is subsequently incorporated in whole or in part in the later Undisclosed Specification.
Upon termination of membership, each Member agrees to destroy all copies of the Specifications in its
possession and if the SDA requests, at its option, to certify such destruction.
11.

GOVERNING LAW/ORDER OF PRECEDENCE

This IP Policy will be governed by the laws of the State of California, USA and the federal and state courts
located in California shall have exclusive jurisdiction regarding any matters under this IP Policy.

Approved by Board March 22, 2023

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