{"id":3465,"date":"2016-01-28T14:36:37","date_gmt":"2016-01-28T14:36:37","guid":{"rendered":"https:\/\/www.gsma.com\/about\/?page_id=3465"},"modified":"2020-08-19T08:30:54","modified_gmt":"2020-08-19T07:30:54","slug":"open-standards-specifications","status":"publish","type":"page","link":"https:\/\/www.gsma.com\/about-us\/open-standards-specifications\/","title":{"rendered":"Open Standards Specifications"},"content":{"rendered":"

BEFORE YOU CLICK ON THE \u2018ACCEPT\u2019 BUTTON AT THE END OF THIS DOCUMENT AND DOWNLOAD THE INFORMATION, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY CLICKING ON THE \u2018ACCEPT\u2019 BUTTON AND BY DOWNLOADING THE INFORMATION, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A LICENSEE PURSUANT TO THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, CLICK THE \u2018DO NOT ACCEPT\u2019 BUTTON.<\/strong><\/p>\n

GSM MoU Association having its registered office at Route de Meyrin 49, 1211, Geneva Switzerland (\u2018the Association\u2019) is the owner of intellectual property rights, confidential information and permanent reference documents (PRDs). Certain PRDs contain a billing format known as Transferred Account Procedure Date Record Format Specification, Version No. 3 (\u2018TAP3 Format\u2019). Other documents owned by the Association contain a general scenario for TAP3 Format (\u2018the Scenarios\u2019), and a rejects and returns process (\u2018the Rejects and Returns Process\u2019), EU Roaming Regulation III related documents and Wi-Fi roaming related documents for mapping WRIX-d UDR to TAP and RTDR. The documentation containing the TAP3 Format, the Scenarios, the Rejects and Returns Process (collectively known hereinafter as \u2018the Information\u2019), EU Roaming Regulation III and Wi-Fi roaming mapping is listed in Annex 1.<\/p>\n

When you click the accept button, the Association grants you (\u2018the Licensee\u2019) a non-exclusive, royalty free, nontransferable license to have access to and to use the Information subject to the terms and conditions as set out in this agreement (\u2018the License\u2019).<\/p>\n

Terms and Conditions<\/h2>\n

Failure to comply with these terms and conditions shall be considered as a material breach and will provide grounds to terminate the License forthwith<\/p>\n

The Licensee acknowledges that all intellectual property and other rights in the Information are and remain the property of the Association and no such rights are transferred to the Licensee. All copyright, trademarks, and other intellectual property rights subsisting in or used in connection with the Information are and remain the sole property of the Association.<\/p>\n

The Licensee is required to ensure that all employees, agents and other persons who use the Information are notified of this License and the terms and conditions hereof before use.<\/p>\n

The Licensee undertakes:<\/h2>\n

a) Not to modify or alter the Information in any way whatsoever and at all times to use the most recent version of the Information exclusively.
\nb) To use the Information solely for the purpose of enabling or facilitating the transferring of charging records in relation to telecommunications transactions.
\nc) Not to assign, transfer, sell, translate, modify, change, alter, amend, lease, rent, loan, re-distribute, sub-lease, and\/ or sub-license its rights under this License or to create derivative works from the Information without the prior written approval of the Association.
\nd) To supervise and control the use of the Information to ensure that that use is in full compliance with the terms and conditions of this License and to maintain accurate and up to date records of the number and location of all copies of the Information.
\ne) To reproduce and include the copyright notice of the Association as it appears in\/or on all copies of the Information.
\nf) Not to provide or otherwise make available the Information to any person other than its employees or agents without the prior written consent of the Association.
\ng) Not to engage in any activities whatsoever which could be considered by the Association as being to the detriment of the objectives of the Association or the business of its members or associate members.
\nh) Not to use the Information provided under the license for any illegal or immoral purpose.
\ni) To inform the Association if there is any change in the control or ownership of the Licensee.
\nj) Immediately after the date of termination of or discontinuance of this License for whatever reason to cease any and all use of the Information and to ensure the destruction or return of all Information and any copies thereof (in whatever form), to the Association immediately.
\nFurther Terms and Conditions Applicable to Confidential Information
\nFailure to comply with these terms and conditions shall be considered as a material breach and will provide grounds to terminate the License forthwith<\/p>\n

All of the aforementioned terms and conditions apply to Confidential Information<\/p>\n

\u2018Confidential Information\u2019 shall mean any document marked \u2018Confidential\u2019, \u2018Restricted\u2019 or any Information which the Licensee has been informed is confidential by the Association or which the Licensee might reasonably expect the Association would regard as confidential.<\/p>\n

Where the Licensee by virtue of or in the course of this License receives or otherwise becomes aware of Confidential Information it undertakes to maintain the confidentiality of that information at all times and to keep the information secure and protected against theft, damage, loss or unauthorised access.<\/p>\n

The Licensee is only permitted to disclose Confidential Information to such of its employees or agents to whom disclosure is strictly necessary in connection with their work on behalf of the Licensee and only then when such persons agree to maintain its confidentiality.<\/p>\n

Upon a written request from the Association, or the termination of this License for any reason, whichever is the earlier, the Licensee shall return to the Association any and all Confidential Information, in any tangible form, then in its possession or control and will not retain any copies of the same. After such written request or termination, the Licensee undertakes not directly or indirectly to use, disclose, exploit, copy or modify any Confidential Information or authorise or permit any third party to do the same.<\/p>\n

The terms and obligations imposed by this annex shall survive the variation renewal or termination of this License but shall not apply to any Confidential Information which:<\/p>\n

(i) at the time of receipt of the Licensee is in the public domain;
\n(ii) subsequently comes into the public domain through no fault of the Licensee, its officers, employees or agents;
\n(iii) is lawfully received by the Licensee from a third party on an unrestricted basis;
\n(iv) is already know to the Licensee before receipt hereunder; or is required by law, regulation or order of a competent authority to be disclosed by the interval.<\/p>\n

Liability<\/h2>\n

On the part of the Association
\nWHILST EVERY EFFORT HAS BEEN MADE BY THE ASSOCIATION TO ENSURE THAT THE INFORMATION IS ACCURATE, THE ASSOCIATION DOES NOT MAKE ANY REPRESENTATION WARRANTY OR UNDERTAKING (EXPRESS OR IMPLIED) WITH RESPECT TO AND HEREBY EXCLUDES LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION LICENSED UNDER THIS AGREEMENT OR WHICH MAY BE DISTRIBUTED IN THE FUTURE.
\nUNLESS THE ASSOCIATION ACTED WITH WILFULL INTENT OR GROSS NEGLIGENCE, THE ASSOCIATION SHALL IN NO WAY BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED DIRECTLY, INDIRECTLY, CONSEQUENTIALLY OR HOWSOEVER CAUSED AS A RESULT OF THE USE OF THE INFORMATION AND SHALL NOT INDEMNIFY THE LICENSEE OR ITS AGENTS FOR ANY LIABILITY INCURRED AS A RESULT OF THE USE OF THE INFORMATION.
\nOn the part of the Licensee
\n6.1) THE LICENCEE SHALL BE LIABLE FOR AND SHALL INDEMNIFY THE ASSOCIATION FOR ANY DAMAGE AND\/OR CONSEQUENTIAL LOSS HOWSOEVER CAUSED WHICH THE ASSOCIATION SUFFERS DIRECTLY OR INDIRECTLY AS A RESULT OF BREACH OF THE TERMS OF THE LICENSE BY THE LICENCEE, ITS EMPLOYEES, AGENTS OR BY THIRD PARTIES AS A RESULT OF INFORMATION GIVEN TO THE THIRD PARTY BY THE LICENSEE.
\n6.2) NOTWITHSTANDING THE RIGHT OF THE ASSOCIATION, PURSUANT TO THE FOREGOING, TO CLAIM DAMAGES FOR ANY AND ALL EXPENSES INCURRED AS A RESULT OF LEGAL PROCEEDINGS, THE ASSOCIATION SHALL HAVE THE RIGHT TO ASSUME CONTROL AND CONDUCT OF ANY LEGAL PROCEEDINGS BETWEEN THE LICENCEE AND ANY THIRD PARTY IN CIRCUMSTANCES WHERE IT IS NECESSARY FOR THE ASSOCIATION TO DEFEND ITS INTELLECTUAL PROPERTY RIGHTS LICENSED UNDER THIS AGREEMENT<\/p>\n

Termination<\/h2>\n

This License may be terminated, WITHOUT compensation for termination or penalty, by either party giving 1 month written notice of termination to the other, and the Agreement shall terminate about the expiration of the 1 month notice period.
\nWithout prejudice to the above, the Association may terminate this License immediately in the event of
\na) a breach of any term or condition of this License;
\nb) a change in the control or ownership of the Licensee, and in particular if the Licensee becomes insolvent, has a receiver or examiner appointed over the whole or any part of its assets or enters into an arrangement with its creditors;
\nSubject to national law, in the event of bankruptcy or winding up of the Licensee, the License granted shall automatically be terminated and cease to be effective.<\/p>\n

Other Provisions<\/h2>\n

The invalidity or unenforceability for any reason of any part of this License shall not prejudice or affect the validity or enforceability of the remainder of this License.
\nNo waiver by the Association of any breach of the License by the Licensee shall be considered as a waiver of any subsequent breach of the same or any other provision.
\nThe party hereby agrees that this License shall be construed in accordance with the European Commission\u2019s Directives and WIPO for use on computer programs, copyright and intellectual property rights and in terms of the enforceability of this License, this License shall be deemed in writing and accepted by both parties.]
\nThe construction, validity and performance of this License shall be governed by the law of Ireland and parties irrevocably submit to the non-exclusive jurisdiction of the Irish Courts.<\/p>\n

ANNEX 1<\/h2>\n

License copyright, confidential information and other intellectual property rights contained in the following permanent reference documents:<\/p>\n

    \n
  1. TD.57 [TAP3 Format Specification]<\/li>\n
  2. TD.58 [TAP3 Implementation Handbook]<\/li>\n
  3. TD.32 [RAP Format Specification]<\/li>\n
  4. TD.60 [TAP3 Scenarios]<\/li>\n
  5. TD.104 [Use of TAP for the Single IMSI Wholesale Billing Interface]<\/li>\n
  6. TD.105 [ABF format specification for the Single IMSI Wholesale Billing Interface]<\/li>\n
  7. TD.106 [Use of NRTRDE for the Single IMSI Fraud Interface]<\/li>\n
  8. TD.107 [Single IMSI Provisioning Interface]<\/li>\n
  9. TD.109 [WRIX-d UDR to TAP Mapping]<\/li>\n
  10. TD.110 [WRIX-d UDR to RTDR Mapping]<\/li>\n<\/ol>\n

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