Memorandum of Understanding (MoU) of the TETRA MOU Association Limited (the Association)
1. Introduction
This Memorandum of Understanding dated this 18th day of October 2006, is accepted by the signatory hereto (the Signatory) whose legal identity, address, principal areas of activity, nominated Representative(s) and other contact persons relevant to this MoU are set out in Annex 1. The Signatory will notify the Association of any subsequent changes to these details. Hereinafter the Signatory and the Association are collectively referred to as the PARTIES. The headings used in this MoU are for reference purposes only and are not part of the MoU.
2. Observations
WHEREAS the Signatory has set out in ANNEX 1 its principle areas of activity relevant to this MoU; and WHEREAS the TETRA standards activities of the European Telecommunications Standards Institute and its derivatives (ETSI) have been and will continue to be actively supported by the Commission within the European Union; and WHEREAS the TETRA activity within ETSI is well established, structured and supported in favour of a multi vendor environment; and WHEREAS the customer base has a strong desire for a multi vendor open standards environment; and WHEREAS TETRA provides appropriate communications solutions for a broad spectrum of existing and potential Private Mobile Radio (PMR) and Private Access Mobile Radio (PAMR) users thereby ensuring a true competitive market; and WHEREAS the TETRA activity has resulted in the ability to multi source terminal products independent of the manufacturer of the infrastructure and vice versa and infrastructure manufacturers have the capability to inter-connect multi vendor systems. THEREFORE, in consideration of the foregoing and recognising that TETRA uniquely provides certain key features for PMR/PAMR markets, the PARTIES have the following intentions: October 2006 Page 1 of 5
3. Purpose
3.1 The PARTIES desire to: a. maintain and develop the interoperability certification process to ensure that multi-vendor compatible TETRA products continue to be available on the market. b. promote the benefits and diverse use of TETRA that can be realised by different types of PMR/PAMR users in order to encourage the growth of the TETRA market worldwide. c. support ETSIs standard setting process to the fullest extent reasonably possible, the objective being to accelerate the standard process while ensuring compliance to user needs. d. support initiatives to obtain additional TETRA frequency spectrum. e. protect the TETRA mark (TETRA Logo) which is owned jointly by the signatories of the MoU. f. define additional items (such as features and functions) that are not covered by the ETSI standard setting bodies, but are agreed by signatories as essential to the deployment of TETRA with particular regard to any implied regulatory aspects and requirements of operators' licences. g. ensure ongoing cooperation and support for the promotion and validation of new TETRA features including by laboratory work and real-life field trials of systems. h. track and support other technologies and technology initiatives that also have open multi-vendor objectives that complement TETRA and support the requirements of PMR/PAMR users where appropriate.
3.2 In addition MANUFACTURERS (including, but not exclusively, manufacturing companies, system integrators, application developers, distributors) desire to: a. produce and/or supply equipment that is compliant to the TETRA standard and compliant to the needs collectively agreed by USERS. These needs will be based on the completed and ongoing work of ETSI and supplemented by the work of the members.
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b. support the ongoing development of the standard within the ETSI processes and avoid promoting within ETSI any alternative digital trunked PMR/PAMR systems running counter to the TETRA standard. c. support the ETSI IPR policy. d. support, use and conform to the interoperability certification process
3.3 In addition USERS (including, but not exclusively, end users, customers, operators, potential operators) desire to: a. make (as far as international agreement will allow) TETRA equipment their primary choice for satisfying their PAMR and PMR needs. b. support the ongoing development of the standard within the ETSI processes and avoid promoting within ETSI any alternative digital trunked PMR/PAMR systems running counter to the TETRA standard. c. provide advice and guidance to the members, particularly manufacturing members, participating in the interoperability certification process in order to ensure that users are able to realise the full operational benefits of TETRA.
4. Management
The collaboration under this MoU will be coordinated by: 4.1 the Board of the Association; and 4.2 one or more working groups or sub-committees, reporting to the Board, as established from time to time by the Board.
5. Expenses
Each PARTY to this Memorandum of Understanding will bear and pay all of its own costs and expenses (including attorneys' and accountants' fees, legal costs and expenses) incurred in connection with this Memorandum of Understanding and the execution of the contemplated actions except as otherwise agreed upon by the Association in writing.
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6. Notices
All notices, requests, demands or other communications will be in writing (including facsimile ("fax")) and will be deemed to have been duly served or delivered if sent to the addresses of the Signatory as set out in Annex 1 and as updated from time to time.
7. Entry of new parties to this MOU
This MoU is open for signature by any organisation that wishes to support the aims of the Association.
8. Entire Agreement
This Memorandum of Understanding is not intended to create legally binding obligations, but is a statement of bona fide intent of the PARTIES. It sets forth the entire understanding of the PARTIES in respect of the collaboration contemplated herein. It may be amended only by a written instrument executed by all PARTIES.
9. Public Announcement
The PARTIES acknowledge that a list of all signatories to this MoU will be updated from time to time to include the Signatory. No other public announcement will be made and no notice will be given regarding the arrangements contemplated by this agreement, unless the PARTIES will have first agreed in writing on the form, content and timing of such announcement or notice.
10. Termination
This MoU may be terminated at any time by mutual consent and is automatically terminated on a Signatory ceasing to be a Member of the Association.
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11. Date of Commencement
IN WITNESS HEREOF, the Signatory has executed this Memorandum of Understanding as of the date set out below.
(signature)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date _ _ _ _ _ _ _ _ _
(Please print this page and send to the TETRA Association)
ANNEX 1 to Memorandum of Understanding of 18th October 2006:
Full Legal Name of Signatory:
Legal or Registered Office:
Principle Area(s) of Activity (e.g. Manufacturer, Consultant, Systems Integrator, Distributor, Operator, User:):
Name(s) of Representative(s) and email addresses:
Other Contacts:
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