Last updated: August 2026
DBOS, Inc. (“DBOS”) is committed to promoting innovation to further the overall growth and advancement of information technology and believes that Free or Open Source Software is a very important tool for fostering innovation. Inspired by Google's OPN Pledge (https://www.google.com/patents/opnpledge/pledge/), DBOS is therefore pledging the free use of the patent identified below in connection with Free or Open Source Software on the following terms:
1. DEFINITIONS.
“Free or Open Source Software” means any software that is licensed or otherwise distributed to the public in such a way that satisfies any version of “The Open Source Definition” provided by the Open Source Initiative at opensource.org/osd or any version of “The Free Software Definition” provided by the Free Software Foundation at gnu.org/philosophy/free-sw.html.
“Pledged Patent” means U.S. Patent No. 12,625,863 B1, including any reissue, reexamination certificate, or patent-term extension thereof.
“Pledge” means DBOS’s non-assertion promise and transfer commitment set forth under “Our Pledge”, subject to the limitations and Defensive Termination provisions stated herein.
2. OUR PLEDGE.
DBOS promises to each person or entity that develops, distributes or uses Free or Open Source Software (a “Pledge Recipient”) that DBOS will not bring a lawsuit or other legal proceeding against a Pledge Recipient for patent infringement under the Pledged Patent based on the Pledge Recipient’s (i) development, manufacture, use, sale, offer for sale, lease, license, exportation, importation or distribution of any Free or Open Source Software, or (ii) internal-only use of Free or Open Source Software, either as obtained by Pledge Recipient or as modified by Pledge Recipient, in standalone form or combined with hardware or with any other software (“Internal-Only Use”). The preceding Pledge does not apply to any infringement of the Pledged Patent by hardware or by software that is not Free or Open Source Software, or by Free or Open Source Software combined with special purpose hardware or with software that is not Free or Open Source Software (except Internal-Only Use).
It is DBOS’s intent that the Pledge be legally binding, irrevocable (except as otherwise provided under “Defensive Termination” below) and enforceable against DBOS and entities controlled by DBOS, and their successors and assigns. Thus, DBOS will require any person or entity to whom it sells or transfers the Pledged Patent to agree, in writing, to abide by the Pledge and to impose the same requirement on any subsequent transferee.
The Pledge is not an assurance that the Pledged Patent covers any particular software or hardware or is enforceable, that the Pledged Patent is the only patent that does or may cover any particular Free or Open Source Software, that any activities covered by the Pledge will not infringe patents or other intellectual property rights of a third party, or that DBOS will pledge any other patents. Except as expressly stated in the Pledge, no other rights are waived or granted by DBOS or received by a Pledge Recipient, whether by implication, estoppel, or otherwise.
3. DEFENSIVE TERMINATION.
Because our Pledge is a promise not to assert the Pledged Patent without requiring any payment from a Pledge Recipient, we think it is only fair that we condition the Pledge upon the Pledge Recipient (and its affiliates) not asserting or profiting from the assertion of patents against DBOS, its affiliates, or its products or services. Accordingly, DBOS reserves the right to terminate the Pledge, to the extent DBOS deems necessary to protect itself, its affiliates, or its products and services (“Defensive Termination”) with respect to any Pledge Recipient (or affiliate) who files a lawsuit or other legal proceeding for patent infringement or who has a direct financial interest in such lawsuit or other legal proceeding (an “Asserting Party”) against DBOS or any entity controlled by DBOS or against any third party based in whole or in part on any product or service developed by or on behalf of DBOS or any entity controlled by DBOS.
Any Defensive Termination by DBOS with respect to an Asserting Party shall have the same effect as if Our Pledge had never been extended to such Asserting Party in the first instance. DBOS, in its sole discretion, shall determine the manner and terms, if any, by which rights under the Pledged Patent may be extended to an Asserting Party after that Asserting Party’s lawsuit or other legal proceeding is permanently dismissed, terminated or withdrawn in writing.
4. MISTAKEN ASSERTION.
Should DBOS ever initiate a lawsuit or other legal proceeding for patent infringement based on software which is not the subject of a Defensive Termination, and then receive written notice from the party against whom such lawsuit or other legal proceeding has been filed providing sufficient information for DBOS to reasonably determine that such software in fact satisfies the requirements of the Pledge, then DBOS will use reasonable efforts to withdraw such lawsuit (or the applicable claims therein) or move to terminate such other legal proceeding (or the applicable portions thereof) within sixty (60) days after receiving such written notice.
Adapted from Google’s Open Patent Non-Assertion Pledge, licensed under the Creative Commons Attribution 3.0 Unported License. DBOS has modified the original text. Google does not endorse DBOS or this pledge.