Shinano Kenshi Co., Ltd -- Plextor Patent License and Information

Background

During the early development of the DAISY Consortium in the mid 1990's, Plextor Corp. and its parent company, Shinano Kenshi Co., Ltd., was among the early supporters. Plextor products have always had an excellent reputation for being the highest quality products on the market. The early founders of the DAISY Consortium welcomed Plextor's knowledgeable participation in DAISY developments. Without this early support, we would not be where we are today. The DAISY Consortium and the millions of blind and print-disabled people we serve will be forever indebted to Shinano Kenshi for their involvement.

It was in those early years when the "defensive use of patents" was discussed. There was concern that some company may patent the technology that the DAISY Consortium was developing. Shinano Kenshi filed patents to protect themselves and the DAISY Consortium, its Members and Friends.

Obtaining a License to the Patents

The management of Shinano Kenshi has graciously agreed to provide a written license to DAISY Consortium Members and Friends. If your company or organization feels it needs a written license, the DAISY Consortium will assist to facilitate the process.

Who Should Obtain a License

If your legal counsel recommends that your company or organization acquire a license, you should obtain the license following the process described below.

The Process

1. Use the Contact Us form found in the footer of the DAISY Web site, specifying the Membership Category. In the Message box, explain that you are a Member or Friend, or other organization that is a part of the DAISY Consortium. Include the address where you want the license to be mailed. Copy and paste the document content from below between the "Begin" and "End of Cut" lines into the message box of the DAISY Contact Us form. Replace the underline characters with your information.
2. The DAISY Staff will confirm that your company or organization is a part of the DAISY Consortium in good standing.
3. The DAISY Staff will send your request to a designated contact person at Shinano Kenshi who will process the license request.
4. Shinano Kenshi will mail the signed license to you.
5. The DAISY Staff will notify Shinano Kenshi if your company or organization is no longer affiliated with the DAISY Consortium.

Patent License

This is the form to copy, paste, and then edit and send using the Contact Us form:

BEGIN TO CUT HERE

Date: __________


Mr. ______________

(Title) ______________

(Consortium name) _______________

(Address) __________________


Re:	United States Patent Nos 5,822,284 and 5,687,144 (collectively, the "Patents")

Dear Mr. _______________,

The undersigned hereby acknowledges that

• (i) It is the owner of the Patents which were filed and registered in order to protect the Daisy Consortium members and Friends (collectively, the "Members"), who will establish the DAISY concept as the defacto standard for Talking Books from any and all of the claims on Talking Book that may be possibly made by a third party; and
• (ii) It has no intention to limit the Members or Friends from making, using, selling worldwide, offering for sale, importing or otherwise disposing of products and/or processes in connection with the objectives which were set forth under the Daisy Consortium Agreement in May, 1996 (collectively, the "Use of the Patents").

The undersigned hereby gives the Members, Friends and its affiliates who are to be later designated by the Members (the “Affiliated Companies”) consent to the Use of the Patents within the limit to establish the DAISY concept as the defacto standard for Talking Books, and agrees not to pursue, in any legal, equitable or other action, the Members, Friends, Affiliated Companies, and officers, directors and employees for the Members' past, present and/or future Use of the Patents in connection with the objectives as described above, subject to the prior written notification to the undersigned at the time of each Use of the Patents.

THE UNDERSIGNED HEREBY DOES NOT MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE USE OF THE PATENTS AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Yours truly,

Motoaki Kaneko

Representative Director and President 

Shinano Kenshi Co., Ltd. 1078, Kamimaruko, 

Maruko-Machi, Chiisagata-gun, 

Nagano-ken, 386-0498, Japan

END OF CUT

Reference in License to Original DAISY Objectives

2. Objectives of consortium are:

• a) To establish DAISY concept as a defacto standard for Talking books for the print handicapped and commercial audio books.
• b) To manage the project, develop appropriate tools and systems and promote the concept.
• c) To manage the use and licensing of the DAISY concept and properties to maximize the benefit to print impaired people.

Please use the Contact Us form to submit questions regarding the Patent License, specifying the Membership category.