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630b953d37
jdk12-beta). PR: 29949 Submitted by: Greg Lewis <glewis@eyesbeyond.com>
967 lines
48 KiB
Plaintext
967 lines
48 KiB
Plaintext
SUN COMMUNITY SOURCE LICENSE
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Version 2.3
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(Rev. Date February 22, 1999)
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RECITALS
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Original Contributor has developed Specifications and Source Code
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implementations of certain Technology; and
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Original Contributor desires to license the Technology to a large community to
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facilitate research, innovation and product development while maintaining
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compatibility of such products with the Technology as delivered by Original
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Contributor; and
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Original Contributor desires to license certain Sun Trademarks for the purpose
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of branding products that are compatible with the relevant Technology delivered
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by Original Contributor; and
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You desire to license the Technology and possibly certain Sun Trademarks from
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Original Contributor on the terms and conditions specified in this License.
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In consideration for the mutual covenants contained herein, You and Original
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Contributor agree as follows:
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AGREEMENT
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1. Introduction. The Sun Community Source License and effective attachments
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("License") may include five distinct licenses: Research Use, TCK, Internal
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Deployment Use, Commercial Use and Trademark License. The Research Use license
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is effective when You click and accept this License. The TCK and Internal
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Deployment Use licenses are effective when You click and accept this License,
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unless otherwise specified in the TCK and Internal Deployment Use attachments.
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The Commercial Use and Trademark licenses must be signed by You and Original
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Contributor in order to become effective. Once effective, these licenses and the
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associated requirements and responsibilities are cumulative. Capitalized terms
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used in this License are defined in the Glossary.
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2. License Grants.
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2.1 Original Contributor Grant. Subject to Your compliance with Sections 3,
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8.10 and Attachment A of this License, Original Contributor grants to You a
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worldwide, royalty-free, non- exclusive license, to the extent of Original
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Contributor's Intellectual Property Rights covering the Original Code, Upgraded
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Code and Specifications, to do the following:
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a) Research Use License:
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(i) use, reproduce and modify the Original Code, Upgraded Code and
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Specifications to create Modifications and Reformatted Specifications for
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Research Use by You,
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(ii) publish and display Original Code, Upgraded Code and
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Specifications with, or as part of Modifications, as permitted under Section 3.1
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b) below,
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(iii) reproduce and distribute copies of Original Code and Upgraded
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Code to Licensees and students for Research Use by You,
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(iv) compile, reproduce and distribute Original Code and Upgraded
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Code in Executable form, and Reformatted Specifications to anyone for Research
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Use by You.
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b) Other than the licenses expressly granted in this License, Original
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Contributor retains all right, title, and interest in Original Code and Upgraded
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Code and Specifications.
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2.2 Your Grants.
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a) To Other Licensees. You hereby grant to each Licensee a license to Your
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Error Corrections and Shared Modifications, of the same scope and extent as
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Original Contributor's licenses under Section 2.1 a) above relative to Research
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Use, Attachment C relative to Internal Deployment Use, and Attachment D relative
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to Commercial Use.
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b) To Original Contributor. You hereby grant to Original Contributor a
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worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, to
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the extent of Your Intellectual Property Rights covering Your Error Corrections,
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Shared Modifications and Reformatted Specifications, to use, reproduce, modify,
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display and distribute Your Error Corrections, Shared Modifications and
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Reformatted Specifications, in any form, including the right to sublicense such
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rights through multiple tiers of distribution.
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c) Other than the licenses expressly granted in Sections 2.2 a) and b)
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above, and the restriction set forth in Section 3.1 d)(iv) below, You retain all
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right, title, and interest in Your Error Corrections, Shared Modifications and
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Reformatted Specifications.
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2.3 Contributor Modifications. You may use, reproduce, modify, display and
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distribute Contributor Error Corrections, Shared Modifications and Reformatted
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Specifications, obtained by You under this License, to the same scope and extent
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as with Original Code, Upgraded Code and Specifications.
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2.4 Subcontracting. You may deliver the Source Code of Covered Code to other
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Licensees having at least a Research Use license, for the sole purpose of
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furnishing development services to You in connection with Your rights granted in
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this License. All such Licensees must execute appropriate documents with respect
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to such work consistent with the terms of this License, and acknowledging their
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work-made-for-hire status or assigning exclusive right to the work product and
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associated Intellectual Property Rights to You.
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3. Requirements and Responsibilities.
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3.1 Research Use License. As a condition of exercising the rights granted
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under Section 2.1 a) above, You agree to comply with the following:
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a) Your Contribution to the Community. All Error Corrections and Shared
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Modifications which You create or contribute to are automatically subject to the
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licenses granted under Section 2.2 above. You are encouraged to license all of
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Your other Modifications under Section 2.2 as Shared Modifications, but are not
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required to do so. You agree to notify Original Contributor of any errors in the
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Specification.
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b) Source Code Availability. You agree to provide all Your Error
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Corrections to Original Contributor as soon as reasonably practicable and, in
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any event, prior to Internal Deployment Use or Commercial Use, if applicable.
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Original Contributor may, at its discretion, post Source Code for Your Error
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Corrections and Shared Modifications on the Community Webserver. You may also
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post Error Corrections and Shared Modifications on a web-server of Your choice;
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provided, that You must take reasonable precautions to ensure that only
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Licensees have access to such Error Corrections and Shared Modifications. Such
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precautions shall include, without limitation, a password protection scheme
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limited to Licensees and a click-on, download certification of Licensee status
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required of those attempting to download from the server. An example of an
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acceptable certification is attached as Attachment A-2.
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c) Notices. All Error Corrections and Shared Modifications You create or
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contribute to must include a file documenting the additions and changes You made
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and the date of such additions and changes. You must also include the notice set
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forth in Attachment A-1 in the file header. If it is not possible to put the
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notice in a particular Source Code file due to its structure, then You must
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include the notice in a location (such as a relevant directory file), where a
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recipient would be most likely to look for such a notice.
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d) Redistribution.
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(i) Source. Covered Code may be distributed in Source Code form only
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to another Licensee (except for students as provided below). You may not offer
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or impose any terms on any Covered Code that alter the rights, requirements, or
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responsibilities of such Licensee. You may distribute Covered Code to students
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for use in connection with their course work and research projects undertaken at
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accredited educational institutions. Such students need not be Licensees, but
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must be given a copy of the notice set forth in Attachment A-3 and such notice
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must also be included in a file header or prominent location in the Source Code
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made available to such students.
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(ii) Executable. You may distribute Executable version(s) of Covered
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Code to Licensees and other third parties only for the purpose of evaluation and
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comment in connection with Research Use by You and under a license of Your
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choice, but which limits use of such Executable version(s) of Covered Code only
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to that purpose.
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(iii) Modified Class, Interface and Package Naming. In connection
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with Research Use by You only, You may use Original
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Contributor<EFBFBD>s class, interface and package names only to accurately reference or
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invoke the Source Code files You modify.
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Original Contributor grants to You a limited license to the extent necessary for
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such purposes.
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(iv) You expressly agree that any distribution, in whole or in part,
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of Modifications developed by You shall only be done pursuant to the term and
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conditions of this License.
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e) Extensions.
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(i) Covered Code. You may not include any Source Code of Community
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Code in any Extensions;
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(ii) Publication. No later than the date on which You first
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distribute such Extension for Commercial Use, You must publish to the industry,
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on a non-confidential basis and free of all copyright restrictions with respect
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to reproduction and use, an accurate and current specification for any
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Extension. In addition, You must make available an appropriate test suite,
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pursuant to the same rights as the specification, sufficiently detailed to allow
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any third party reasonably skilled in the technology to produce implementations
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of the Extension compatible with the specification. Such test suites must be
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made available as soon as reasonably practicable but, in no event, later than
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ninety (90) days after Your first Commercial Use of the Extension. You must use
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reasonable efforts to promptly clarify and correct the specification and the
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test suite upon written request by Original Contributor.
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(iii) Open. You agree to refrain from enforcing any Intellectual
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Property Rights You may have covering any interface(s) of Your Extension, which
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would prevent the implementation of such interface(s) by Original Contributor or
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any Licensee. This obligation does not prevent You from enforcing any
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Intellectual Property Right You have that would otherwise be infringed by an
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implementation of Your Extension.
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(iv) Class, Interface and Package Naming. You may not add any
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packages, or any public or protected classes or interfaces with names that
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originate or might appear to originate from Original Contributor including,
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without limitation, package or class names which begin with "sun", "java",
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"javax", "jini", "net.jini", "com.sun" or their equivalents in any subsequent
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class, interface and/ or package naming convention adopted by Original
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Contributor. It is specifically suggested that You name any new packages using
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the "Unique Package Naming Convention" as described in "The Java Language
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Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN 0-201-63451-1,
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August 1996. Section 7.7 "Unique Package Names", on page 125 of this
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specification which states, in part:
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"You form a unique package name by first having (or belonging to an organization
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that has) an Internet domain name, such as "sun.com". You then reverse the name,
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component by component, to obtain, in this example, "Com.sun", and use this as a
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prefix for Your package names, using a convention developed within Your
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organization to further administer package names."
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3.2 Additional Requirements and Responsibilities. Any additional
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requirements and responsibilities relating to the Technology are listed in
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Attachment F (Additional Requirements and Responsibilities), if applicable, and
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are hereby incorporated into this Section 3.
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4. Versions of the License.
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4.1 License Versions. Original Contributor may publish revised versions of
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the License from time to time. Each version will be given a distinguishing
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version number.
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4.2 Effect. Once a particular version of Covered Code has been provided
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under a version of the License, You may always continue to use such Covered Code
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under the terms of that version of the License. You may also choose to use such
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Covered Code under the terms of any subsequent version of the License. No one
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other than Original Contributor has the right to promulgate License versions.
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5. Disclaimer of Warranty.
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5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS", WITHOUT WARRANTY OF
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ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH
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YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OF
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WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
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5.2 You acknowledge that Original Code, Upgraded Code and Specifications are
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not designed or intended for use in (i) on-line control of aircraft, air
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traffic, aircraft navigation or aircraft communications; or (ii) in the design,
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construction, operation or maintenance of any nuclear facility. Original
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Contributor disclaims any express or implied warranty of fitness for such uses.
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6. Termination.
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6.1 By You. You may terminate this Research Use license at anytime by
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providing written notice to Original Contributor.
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6.2 By Original Contributor. This License and the rights granted hereunder
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will terminate:
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(i) automatically if You fail to comply with the terms of this
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License and fail to cure such breach within 30 days of receipt of written notice
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of the breach;
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(ii) immediately in the event of circumstances specified in Sections
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7.1 and 8.4; or
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(iii) at Original Contributor's discretion upon any action initiated
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in the first instance by You alleging that use or distribution by Original
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Contributor or any Licensee, of Original Code, Upgraded Code, Error Corrections
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or Shared Modifications contributed by You, or Specifications, infringe a patent
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owned or controlled by You.
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6.3 Effective of Termination. Upon termination, You agree to discontinue use
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and return or destroy all copies of Covered Code in Your possession. All
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sublicenses to the Covered Code which You have properly granted shall survive
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any termination of this License. Provisions which, by their nature, should
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remain in effect beyond the termination of this License shall survive including,
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without limitation, Sections 2.2, 3, 5, 7 and 8.
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6.4 Each party waives and releases the other from any claim to compensation
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or indemnity for permitted or lawful termination of the business relationship
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established by this License.
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7. Liability.
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7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or
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Specifications ("Materials") become the subject of a claim of infringement,
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Original Contributor may, at its sole option, (i) attempt to procure the rights
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necessary for You to continue using the Materials, (ii) modify the Materials so
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that they are no longer infringing, or (iii) terminate Your right to use the
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Materials, immediately upon written notice, and refund to You the amount, if
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any, having then actually been paid by You to Original Contributor for the
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Original Code, Upgraded Code and TCK, depreciated on a straight line, five year
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basis.
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7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW,
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ORIGINAL CONTRIBUTOR's LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE,
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WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF
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THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL CONTRIBUTOR FOR ALL
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COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF
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ANY. IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERROR
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CORRECTIONS) OR SUN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
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CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE
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(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC
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ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN
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ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR
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OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE
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OF ANY REMEDY.
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8. Miscellaneous.
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8.1 Trademark. You agree to comply with the then current Sun Trademark &
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Logo Usage Requirements accessible through the SCSL Webpage. Except as expressly
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provided in the License, You are granted no right, title or license to, or
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interest in, any Sun Trademarks. You agree not to (i) challenge Original
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Contributor's ownership or use of Sun Trademarks; (ii) attempt to register any
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Sun Trademarks, or any mark or logo substantially similar thereto; or (iii)
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incorporate any Sun Trademarks into Your own trademarks, product names, service
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marks, company names, or domain names.
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8.2 Integration. This License represents the complete agreement concerning
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the subject matter hereof.
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8.3 Assignment. Original Contributor may assign this License, and its rights
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and obligations hereunder, in its sole discretion. You may assign the Research
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Use portions of this License to a third party upon prior written notice to
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Original Contributor (which may be provided via the Community Web-Server). You
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may not assign the Commercial Use license or TCK license, including by way of
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merger (regardless of whether You are the surviving entity) or acquisition,
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without Original Contributor's prior written consent.
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8.4 Severability. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent necessary to
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make it enforceable. Notwithstanding the foregoing, if You are prohibited by law
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from fully and specifically complying with Sections 2.2 or 3, this License will
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immediately terminate and You must immediately discontinue any use of Covered
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Code.
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8.5 Governing Law. This License shall be governed by the laws of the United
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States and the State of California, as applied to contracts entered into and to
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be performed in California between California residents. The application of the
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United Nations Convention on Contracts for the International Sale of Goods is
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expressly excluded.
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8.6 Dispute Resolution.
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a) Any dispute arising out of or relating to this License shall be finally
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settled by arbitration as set out herein, except that either party may bring any
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action, in a court of competent jurisdiction (which jurisdiction shall be
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exclusive), with respect to any dispute relating to such party's Intellectual
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Property Rights or with respect to Your compliance with the TCK license.
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Arbitration shall be administered: (i) by the American Arbitration Association
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(AAA), (ii) in accordance with the rules of the United Nations Commission on
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International Trade Law (UNCITRAL) (the "Rules") in effect at the time of
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arbitration as modified herein; and (iii) the arbitrator will apply the
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substantive laws of California and United States. Judgement upon the award
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rendered by the arbitrator may be entered in any court having jurisdiction to
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enforce such award.
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b) All arbitration proceedings shall be conducted in English by a single
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arbitrator selected in accordance with the Rules, who must be fluent in English
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and be either a retired judge or practicing attorney having at least ten (10)
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years litigation experience and be reasonably familiar with the technology
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matters relative to the dispute. Unless otherwise agreed, arbitration venue
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shall be in London, Tokyo, or San Francisco, whichever is closest to defendant's
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principal business office. The arbitrator may award monetary damages only and
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nothing shall preclude either party from seeking provisional or emergency relief
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from a court of competent jurisdiction. The arbitrator shall have no authority
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to award damages in excess of those permitted in this License and any such award
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in excess is void. All awards will be payable in U.S. dollars and may include,
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for the prevailing party (i) pre-judgment award interest, (ii) reasonable
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attorneys' fees incurred in connection with the arbitration, and (iii)
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reasonable costs and expenses incurred in enforcing the award. The arbitrator
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will order each party to produce identified documents and respond to no more
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than twenty-five single question interrogatories.
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8.7 Construction. Any law or regulation which provides that the language of
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a contract shall be construed against the drafter shall not apply to this
|
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License.
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8.8 U.S. Government End Users. The Covered Code is a "commercial item", as
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that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
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computer software" and "commercial computer software documentation", as such
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
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12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
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Government End Users acquire Covered Code with only those rights set forth
|
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herein. You agree to pass this notice to Your licensees.
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8.9 Press Announcements. All press announcements relative to the execution
|
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of this License must be reviewed and approved by Original Contributor and You
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prior to release.
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8.10 International Use.
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a) Export/Import laws. Covered Code is subject to U.S. export control laws
|
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and may be subject to export or import regulations in other countries. Each
|
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party agrees to comply strictly with all such laws and regulations and
|
||
acknowledges their responsibility to obtain such licenses to export, re- export,
|
||
or import as may be required. You agree to pass these obligations to Your
|
||
licensees.
|
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b) Intellectual Property Protection. Due to limited intellectual property
|
||
protection and enforcement in certain countries, You agree not to redistribute
|
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the Original Code, Upgraded Code, TCK and Specifications to any country other
|
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than the list of restricted countries on the SCSL Webpage.
|
||
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8.11 Language. This License is in the English language only, which language
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shall be controlling in all respects, and all versions of this License in any
|
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other language shall be for accommodation only and shall not be binding on the
|
||
parties to this License. All communications and notices made or given pursuant
|
||
to this License, and all documentation and support to be provided, unless
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otherwise noted, shall be in the English language.
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PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE "ACCEPT"
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BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS
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||
LICENSE WITH SUN MICROSYSTEMS, INC. IF YOU ARE AGREEING TO THIS LICENSE ON
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BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY
|
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TO SUCH A LICENSE. WHETHER YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A
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COMPANY, YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE COMPETENT TO ENTER INTO
|
||
CONTRACTS. IF YOU DO NOT MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE
|
||
TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT.
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ACCEPT REJECT
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GLOSSARY
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1. "Commercial Use" means any use (excluding Internal Deployment Use) or
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distribution, directly or indirectly of Compliant Covered Code by You to any
|
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third party, alone or bundled with any other software or hardware, for direct or
|
||
indirect commercial or strategic gain or advantage, subject to execution of
|
||
Attachment D by You and Original Contributor.
|
||
|
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2. "Community Code" means the Original Code, Upgraded Code, Error
|
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Corrections, Shared Modifications, or any combination thereof.
|
||
|
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3. "Community Webserver(s)" means the webservers designated by Original
|
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Contributor for posting Error Corrections and Shared Modifications.
|
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|
||
4. "Compliant Covered Code" means Covered Code that complies with the
|
||
requirements of the TCK.
|
||
|
||
5. "Contributor" means each Licensee that creates or contributes to the
|
||
creation of any Error Correction or Shared Modification.
|
||
|
||
6. "Covered Code" means the Original Code, Upgraded Code, Modifications, or
|
||
any combination thereof.
|
||
|
||
7. "Error Correction" means any change made to Community Code which
|
||
conforms to the Specification and corrects the adverse effect of a failure of
|
||
Community Code to perform any function set forth in or required by the
|
||
Specifications.
|
||
|
||
7. "Executable" means Covered Code that has been converted to a form other
|
||
than Source Code.
|
||
|
||
9. "Extension(s)" means any additional classes or other programming code
|
||
and/or interfaces developed by or for You which: (i) are designed for use with
|
||
the Technology; (ii) constitute an API for a library of computing functions or
|
||
services; and (iii) are disclosed to third party software developers for the
|
||
purpose of developing software which invokes such additional classes or other
|
||
programming code and/or interfaces. The foregoing shall not apply to software
|
||
development by Your subcontractors to be exclusively used by You.
|
||
|
||
10. "Intellectual Property Rights" means worldwide statutory and common law
|
||
rights associated solely with (i) patents and patent applications; (ii) works of
|
||
authorship including copyrights, copyright applications, copyright registrations
|
||
and "moral rights"; (iii) the protection of trade and industrial secrets and
|
||
confidential information; and (iv) divisions, continuations, renewals, and re-
|
||
issuances of the foregoing now existing or acquired in the future.
|
||
|
||
11. "Internal Deployment Use" means use of Compliant Covered Code (excluding
|
||
Research Use) within Your business or organization only by Your employees and/or
|
||
agents, subject to execution of Attachment C by You and Original Contributor, if
|
||
required.
|
||
|
||
12. "Licensee" means any party that has entered into and has in effect a
|
||
version of this License with Original Contributor.
|
||
|
||
13. "Modification(s)" means (i) any change to Covered Code; (ii) any new
|
||
file or other representation of computer program statements that contains any
|
||
portion of Covered Code; and/or (iii) any new Source Code implementing any
|
||
portion of the Specifications.
|
||
|
||
14. "Original Code" means the initial Source Code for the Technology as
|
||
described on the Technology Download Site.
|
||
|
||
15. "Original Contributor" means Sun Microsystems, Inc., its affiliates and
|
||
its successors and assigns.
|
||
|
||
16. "Reformatted Specifications" means any revision to the Specifications
|
||
which translates or reformats the Specifications (as for example in connection
|
||
with Your documentation) but which does not alter, subset or superset the
|
||
functional or operational aspects of the Specifications.
|
||
|
||
17. "Research Use" means use and distribution of Covered Code only for Your
|
||
research, development, educational or personal and individual use, and expressly
|
||
excludes Internal Deployment Use and Commercial Use.
|
||
|
||
18. "SCSL Webpage" means the Sun Community Source license webpage located at
|
||
http://sun.com/software/communitysource, or such other url that Sun may
|
||
designate from time to time.
|
||
|
||
19. "Shared Modifications" means Modifications provided by You, at Your
|
||
option, pursuant to Section 2.2, or received by You from a Contributor pursuant
|
||
to Section 2.3.
|
||
|
||
20. "Source Code" means computer program statements written in any
|
||
high-level, readable form suitable for modification and development.
|
||
|
||
21. "Specifications" means the specifications for the Technology and other
|
||
documentation, as designated on the Technology Download Site, as may be revised
|
||
by Original Contributor from time to time.
|
||
|
||
22. "Sun Trademarks" means Original Contributor's SUN, JAVA, and JINI
|
||
trademarks and logos, whether now used or adopted in the future.
|
||
|
||
23. "Technology" means the technology described in Attachment B, and
|
||
Upgrades.
|
||
|
||
24. "Technology Compatibility Kit" or "TCK" means the test programs,
|
||
procedures and/or other requirements, designated by Original Contributor for use
|
||
in verifying compliance of Covered Code with the Specifications, in conjunction
|
||
with the Original Code and Upgraded Code. Original Contributor may, in its sole
|
||
discretion and from time to time, revise a TCK to correct errors and/or
|
||
omissions and in connection with Upgrades.
|
||
|
||
25. "Technology Download Site" means the site(s) designated by Original
|
||
Contributor for access to the Original Code, Upgraded Code, TCK and
|
||
Specifications.
|
||
|
||
26. "Upgrade(s)" means new versions of Technology designated exclusively by
|
||
Original Contributor as an "Upgrade" and released by Original Contributor from
|
||
time to time.
|
||
|
||
27. "Upgraded Code" means the Source Code for Upgrades, possibly including
|
||
Modifications made by Contributors.
|
||
|
||
28. "You(r)" means an individual, or a legal entity acting by and through an
|
||
individual or individuals, exercising rights either under this License or under
|
||
a future version of this License issued pursuant to Section 4.1. For legal
|
||
entities, "You(r)" includes any entity that by majority voting interest
|
||
controls, is controlled by, or is under common control with You.
|
||
|
||
ATTACHMENT A
|
||
|
||
REQUIRED NOTICES
|
||
|
||
|
||
ATTACHMENT A-1
|
||
|
||
REQUIRED IN ALL CASES
|
||
|
||
"The contents of this file, or the files included with this file, are subject to
|
||
the current version of Sun Community Source License for [fill in name of
|
||
applicable Technology] (the "License"); You may not use this file except in
|
||
compliance with the License. You may obtain a copy of the License at
|
||
http://sun.com/software/communitysource. See the License for the rights,
|
||
obligations and limitations governing use of the contents of the file.
|
||
|
||
|
||
The Original and Upgraded Code is [fill in name and version of applicable
|
||
Technology]. The developer of the Original and Upgraded Code is Sun
|
||
Microsystems, Inc. Sun Microsystems, Inc. owns the copyrights in the portions it
|
||
created. All Rights Reserved.
|
||
|
||
|
||
Contributor(s): _______________________________________________
|
||
|
||
Associated Test Suite(s) Location: ________________________________"
|
||
|
||
|
||
|
||
ATTACHMENT A-2
|
||
|
||
SAMPLE LICENSEE CERTIFICATION
|
||
|
||
"By clicking the 'Agree' button below, You certify that You are a Licensee in
|
||
good standing under the Sun Community Source License, [fill in applicable
|
||
Technology and Version] ("License") and that Your access, use and distribution
|
||
of code and information You may obtain at this site is subject to the License."<22>
|
||
|
||
|
||
|
||
ATTACHMENT A-3
|
||
|
||
REQUIRED STUDENT NOTIFICATION
|
||
|
||
"This software and related documentation has been obtained by your educational
|
||
institution subject to the Sun Community Source License, [fill in applicable
|
||
Technology]. You have been provided access to the software and related
|
||
documentation for use only in connection with your course work and research
|
||
activities as a matriculated student of your educational institution. Any other
|
||
use is expressly prohibited.
|
||
|
||
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF SUN
|
||
MICROSYSTEMS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS.
|
||
|
||
You may not use this file except in compliance with the License. You may obtain
|
||
a copy of the License on the web at http://sun.com/software/communitysource."<22>
|
||
|
||
|
||
|
||
ATTACHMENT B
|
||
|
||
Java(tm) 2 SDK Technology
|
||
|
||
Description of "Technology"
|
||
|
||
Java(tm) 2 SDK Technology v.1.3.1 as described on the Technology Download Site.
|
||
|
||
|
||
|
||
ATTACHMENT C
|
||
|
||
INTERNAL DEPLOYMENT USE
|
||
|
||
This Attachment C is only effective for the Technology specified in Attachment
|
||
B, upon execution of Attachment D (Commercial Use License) including the
|
||
requirement to pay royalties. In the event of a conflict between the terms of
|
||
this Attachment C and Attachment D, the terms of Attachment D shall govern.
|
||
|
||
1. Internal Deployment License Grant. Subject to Your compliance with
|
||
Section 2 below, and Section 8.10 of the Research Use license; in addition to
|
||
the Research Use license and the TCK license, Original Contributor grants to You
|
||
a worldwide, non-exclusive license, to the extent of Original Contributor's
|
||
Intellectual Property Rights covering the Original Code, Upgraded Code and
|
||
Specifications, to do the following:
|
||
|
||
a) reproduce and distribute internally, Original Code and Upgraded Code as
|
||
part of Compliant Covered Code, and Specifications, for Internal Deployment Use,
|
||
|
||
b) compile such Original Code and Upgraded Code, as part of Compliant
|
||
Covered Code, and reproduce and distribute internally the same in Executable
|
||
form for Internal Deployment Use, and
|
||
|
||
c) reproduce and distribute internally, Reformatted Specifications for use
|
||
in connection with Internal Deployment Use.
|
||
|
||
2. Additional Requirements and Responsibilities. In addition to the
|
||
requirements and responsibilities described under Section 3.1 of the Research
|
||
Use license, and as a condition to exercising the rights granted under Section 3
|
||
above, You agree to the following additional requirements and responsibilities:
|
||
|
||
2.1 Compatibility. All Covered Code must be Compliant Covered Code prior to
|
||
any Internal Deployment Use or Commercial Use, whether originating with You or
|
||
acquired from a third party. Successful compatibility testing must be completed
|
||
in accordance with the TCK License. If You make any further Modifications to any
|
||
Covered Code previously determined to be Compliant Covered Code, You must ensure
|
||
that it continues to be Compliant Covered Code.
|
||
|
||
|
||
|
||
ATTACHMENT D
|
||
COMMERCIAL USE LICENSE
|
||
|
||
1. Effect. This Attachment D is effective only if signed below by You and
|
||
Original Contributor, and applies to Your Commercial Use of Original Code and
|
||
Upgraded Code.
|
||
|
||
2. Term. Upon execution of this Attachment D by You and Original
|
||
Contributor, this Commercial Use license shall have an initial term of 3 years
|
||
and shall automatically renew for additional one year terms unless either party
|
||
provides notice to the other no less than 60 days prior to an anniversary date.
|
||
|
||
3. Commercial Use License Grant. Subject to Your compliance with Section 4
|
||
below, Section 8.10 of the Research Use license, and the TCK license; in
|
||
addition to the Research Use license, the TCK license, and the Internal
|
||
Deployment Use license, Original Contributor grants to You a worldwide,
|
||
non-exclusive, non-transferable license, to the extent of Original Contributor's
|
||
Intellectual Property Rights covering the Original Code, Upgraded Code and
|
||
Specifications, to do the following:
|
||
|
||
a) reproduce and distribute Compliant Covered Code;
|
||
|
||
b) compile Compliant Covered Code and reproduce and distribute the same in
|
||
Executable form through multiple tiers of distribution; and
|
||
|
||
c) reproduce and distribute Reformatted Specifications in association with
|
||
Compliant Covered Code.
|
||
|
||
4. Additional Requirements and Responsibilities. In addition to the
|
||
requirements and responsibilities specified in the Research Use license, the TCK
|
||
license and the Internal Deployment license, and as a condition to exercising
|
||
the rights granted in Section 3 above, You agree to the following additional
|
||
requirements and responsibilities:
|
||
|
||
a) Distribution of Source Code. Source Code of Compliant Covered Code may
|
||
be distributed only to another Licensee of the same Technology.
|
||
|
||
b) Distribution of Executable Code. You may distribute the Executable
|
||
version(s) of Compliant Covered Code under a license of Your choice, which may
|
||
contain terms different from this License, provided (i) that You are in
|
||
compliance with the terms of this License, and (ii) You must make it absolutely
|
||
clear that any terms which differ from this License are offered by You alone,
|
||
not by Original Contributor or any other Contributor.
|
||
|
||
c) Branding. Products integrating Compliant Covered Code used for
|
||
Commercial Use must be branded with the Technology compliance logo under a
|
||
separate trademark license required to be executed by You and Original
|
||
Contributor concurrent with execution of this Attachment D.
|
||
|
||
5. Indemnity/Limitation of Liability. The provisions of Section 7.1 of the
|
||
Research Use license are superseded by the following:
|
||
|
||
a) Your Indemnity Obligation. You hereby agree to defend, at Your expense,
|
||
any legal proceeding brought against Original Contributor or any Licensee to the
|
||
extent it is based on a claim: (i) that the use, reproduction or distribution of
|
||
any of Your Error Corrections or Shared Modifications is an infringement of a
|
||
third party trade secret or a copyright in a country that is a signatory to the
|
||
Berne Convention; (ii) arising in connection with any representation, warranty,
|
||
support, indemnity, liability or other license terms You may offer in connection
|
||
with any Covered Code; or (iii) arising from Your Commercial Use of Covered
|
||
Code, other than a claim covered by Section 5.b) below, or a patent claim based
|
||
solely on Covered Code not provided by You. You will pay all damages costs and
|
||
fees awarded by a court of competent jurisdiction, or such settlement amount
|
||
negotiated by You, attributable to such claim.
|
||
|
||
b) Original Contributor's Indemnity Obligation. Original Contributor will
|
||
defend, at its expense, any legal proceeding brought against You, to the extent
|
||
it is based on a claim that Your authorized Commercial Use of Original Code and
|
||
Upgraded Code is an infringement of a third party trade secret or a copyright in
|
||
a country that is a signatory to the Berne Convention, and will pay all damages
|
||
costs and fees awarded by a court of competent jurisdiction, or such settlement
|
||
amount negotiated by Original Contributor, attributable to such claim. The
|
||
foregoing shall not apply to any claims of intellectual property infringement
|
||
based upon the combination of code or documentation supplied by Original
|
||
Contributor with code, technology or documentation from other sources.
|
||
|
||
c) Right of Intervention. Original Contributor will have the right, but not
|
||
the obligation, to defend You, at Original Contributor's expense, in connection
|
||
with a claim that Your Commercial Use of Original Code and Upgraded Code is an
|
||
infringement of a third party patent and will, if Original Contributor chooses
|
||
to defend You, pay all damages costs and fees awarded by a court of competent
|
||
jurisdiction, or such settlement amount negotiated by Original Contributor,
|
||
attributable to such claim.
|
||
|
||
d) Prerequisites. Under Sections 5.b) and c) above, You must, and under
|
||
Section 5.a) above, Original Contributor or any Licensee must: (i) provide
|
||
notice of the claim promptly to the party providing an indemnity; (ii) give the
|
||
indemnifying party sole control of the defense and settlement of the claim;
|
||
(iii) provide the indemnifying party, at indemnifying party's expense, all
|
||
available information, assistance and authority to defend; and (iv) not have
|
||
compromised or settled such claim or proceeding without the indemnifying party's
|
||
prior written consent.
|
||
|
||
e) Additional Remedies. Should any Original Code, Upgraded Code, TCK,
|
||
Specifications, or Modifications become, or in the indemnifying party's opinion
|
||
be likely to become, the subject of a claim of infringement for which indemnity
|
||
is provided above, the indemnifying party may, at its sole option, attempt to
|
||
procure on reasonable terms the rights necessary for the indemnified party to
|
||
exercise its license rights under this License with respect to the infringing
|
||
items, or to modify the infringing items so that they are no longer infringing
|
||
without substantially impairing their function or performance. If the
|
||
indemnifying party is unable to do the foregoing after reasonable efforts, then
|
||
the indemnifying party may send a notice of such inability to the indemnified
|
||
party together with a refund of any license fees received by the indemnifying
|
||
party from the indemnified party for the infringing items applicable to the
|
||
indemnified party's future use or distribution of such infringing items, in
|
||
which case the indemnifying party will not be liable for any damages resulting
|
||
from infringing activity with respect to the infringing items occurring after
|
||
such notice and refund.
|
||
|
||
6. Support Programs.
|
||
|
||
Support to You. Technical support is not provided to You by Original Contributor
|
||
under this License. You may contract for one or more support programs from
|
||
Original Contributor relating to the Technology which are described on the SCSL
|
||
Webpage.
|
||
|
||
Customer Support. You are responsible for providing technical and maintenance
|
||
support services to Your customers for Your products and services incorporating
|
||
the Compliant Covered code.
|
||
|
||
7. Royalties and Payments.
|
||
|
||
Technology specified in Attachment B.
|
||
|
||
|
||
Field of Use:____________________
|
||
|
||
Royalty per Unit $_______________
|
||
|
||
|
||
b) Royalty Payments. Payment of royalties shall be made quarterly, shall be
|
||
due thirty (30) days following the end of the calendar quarter to which they
|
||
relate and shall be submitted with a written statement documenting the basis for
|
||
the royalty calculation.
|
||
|
||
c) Taxes. All payments required by this License shall be made in United
|
||
States dollars, are exclusive of taxes, and Licensee agrees to bear and be
|
||
responsible for the payment of all such taxes, including, but not limited to,
|
||
all sales, use, rental receipt, personal property or other taxes and their
|
||
equivalents which may be levied or assessed in connection with this License
|
||
(excluding only taxes based on Original Contributor's net income). To the extent
|
||
Licensee is required to withhold taxes based upon Original Contributor's income
|
||
in any country, You agree to provide Original Contributor with written evidence
|
||
of such withholding, suitable for Original Contributor to obtain a tax credit in
|
||
the United States.
|
||
|
||
d) Records. You agree to maintain account books and records consistent with
|
||
Generally Accepted Accounting Principles appropriate to Your domicile, as may be
|
||
in effect from time to time, sufficient to allow the correctness of the
|
||
royalties required to be paid pursuant to this License to be determined.
|
||
|
||
e) Audit Rights. Original Contributor shall have the right to audit such
|
||
accounts upon reasonable prior notice using an independent auditor of Original
|
||
Contributor's choice (the "Auditor"). The Auditor shall be bound to keep
|
||
confidential the details of Your business affairs and to limit disclosure of the
|
||
results of any audit to the sufficiency of the accounts and the amount, if any,
|
||
of a payment adjustment that should be made. Such audits shall not occur more
|
||
than once each year (unless discrepancies are discovered in excess of the five
|
||
percent (5%) threshold set forth in Section 7.f) below, in which case two
|
||
consecutive quarters per year may be audited). Except as set forth in Section
|
||
7.f) below, Original Contributor shall bear all costs and expenses associated
|
||
with the exercise of its rights to audit.
|
||
|
||
f) Payment Errors. In the event that any errors in payments shall be
|
||
determined, such errors shall be corrected by appropriate adjustment in payment
|
||
for the quarterly period during which the error is discovered. In the event of
|
||
an underpayment of more than five percent (5%) of the proper amount owed, upon
|
||
such underpayment being properly determined by the Auditor, You agree to
|
||
reimburse Original Contributor the amount of the underpayment and all reasonable
|
||
costs and expenses associated with the exercise of its rights to audit, and
|
||
interest on the overdue amount at the maximum allowable interest rate from the
|
||
date of accrual of such obligation.
|
||
|
||
8. Notice of Breach or Infringement. Each party shall notify the other
|
||
immediately in writing when it becomes aware of any breach or violation of the
|
||
terms of this License, or when You become aware of any potential or actual
|
||
infringement by a third party of the Technology or Sun's Intellectual Property
|
||
Rights therein.
|
||
|
||
9. Proprietary Rights Notices. You may not remove any copyright notices,
|
||
trademark notices or other proprietary legends of Original Contributor or its
|
||
suppliers contained on or in the Original Code, Upgraded Code and
|
||
Specifications.
|
||
|
||
10. Notices. All written notices required by this License must be delivered
|
||
in person or by means evidenced by a delivery receipt and will be effective upon
|
||
receipt by the persons at the addresses specified below.
|
||
|
||
|
||
Original Contributor: You:
|
||
|
||
Sun Microsystems, Inc. _____________________________
|
||
|
||
901 San Antonio Road ______________________________
|
||
|
||
Palo Alto, California 94303 ______________________________
|
||
|
||
Attn.: VP, Sun Software and
|
||
Technology Sales ______________________________
|
||
|
||
cc: Sun Software and Technology,
|
||
General Counsel
|
||
|
||
11. Disclaimer of Agency. The relationship created hereby is that of
|
||
licensor and licensee and the parties hereby acknowledge and agree that nothing
|
||
herein shall be deemed to constitute You as a franchisee of Original
|
||
Contributor. You hereby waive the benefit of any state or federal statutes
|
||
dealing with the establishment and regulation of franchises.
|
||
|
||
Agreed:
|
||
|
||
You: Original Contributor:
|
||
|
||
_____________________________ Sun Microsystems, Inc.
|
||
(Your Name)
|
||
|
||
By:__________________________ By:________________________
|
||
|
||
Name:________________________ Name:______________________
|
||
|
||
Title_________________________ Title:_____________________
|
||
|
||
Date:_________________________ Date:______________________
|
||
|
||
|
||
|
||
|
||
ATTACHMENT E
|
||
TECHNOLOGY COMPATIBILITY KIT
|
||
|
||
The following license is effective for the Java(tm)2 SDK Version 1.3.1
|
||
Technology Compatibility Kit only upon execution of a separate support agreement
|
||
between You and Original Contributor (subject to an annual fee) as described on
|
||
the SCSL Webpage. The Technology Compatibility Kit for the Technology specified
|
||
in Attachment B may be accessed at the Technology Download Site only upon
|
||
execution of the support agreement.
|
||
|
||
1. TCK License.
|
||
|
||
a) Subject to the restrictions set forth in Section 1.b below and Section
|
||
8.10 of the Research Use license, in addition to the Research Use license,
|
||
Original Contributor grants to You a worldwide, non-exclusive, non-transferable
|
||
license, to the extent of Original Contributor's Intellectual Property Rights in
|
||
the TCK (without the right to sublicense), to use the TCK to develop and test
|
||
Covered Code.
|
||
|
||
b) TCK Use Restrictions. You are not authorized to create derivative works
|
||
of the TCK or use the TCK to test any implementation of the Specification that
|
||
is not Covered Code. You may not publish Your test results or make claims of
|
||
comparative compatibility with respect to other implementations of the
|
||
Specification. In consideration for the license grant in Section 1.a above You
|
||
agree not to develop Your own tests which are intended to validate conformation
|
||
with the Specification.
|
||
|
||
2. Requirements for Determining Compliance.
|
||
|
||
2.1 Definitions.
|
||
|
||
a) "Added Value" means code which:
|
||
|
||
(i) has a principal purpose which is substantially different from
|
||
that of the stand-alone Technology;
|
||
|
||
(ii) represents a significant functional and value enhancement to the
|
||
Technology;
|
||
|
||
(iii) operates in conjunction with the Technology; and
|
||
|
||
(iv) is not marketed as a technology which replaces or substitutes
|
||
for the Technology.
|
||
|
||
b) <09>"Java Classes" means the specific class libraries associated with each
|
||
Technology defined in Attachment B.
|
||
|
||
c) <09>"Java Runtime Interpreter" means the program(s) which implement the
|
||
Java virtual machine for the Technology as defined in the Specification.
|
||
|
||
d) <09>"Platform Dependent Part" means those Original Code and Upgraded Code
|
||
files of the Technology which are not in a "share" directory or subdirectory
|
||
thereof.
|
||
|
||
e) <09>"Shared Part" means those Original Code and Upgraded Code files of the
|
||
Technology which are identified as "shared" (or words of similar meaning) or
|
||
which are in any "share" directory or subdirectory thereof, except those files
|
||
specifically designated by Original Contributor as modifiable.
|
||
|
||
f) "User's Guide" means the users guide for the TCK which Sun makes
|
||
available to You to provide direction in how to run the TCK and properly
|
||
interpret the results, as may be revised by Sun from time to time.
|
||
|
||
2.2 Development Restrictions. Compliant Covered Code:
|
||
|
||
a) must include Added Value;
|
||
|
||
b) must fully comply with the Specifications for the Technology specified
|
||
in Attachment B;
|
||
|
||
c) must include the Shared Part, complete and unmodified;
|
||
|
||
d) may not modify the functional behavior of the Java Runtime Interpreter
|
||
or the Java Classes;
|
||
|
||
e) may not modify, subset or superset the interfaces of the Java Runtime
|
||
Interpreter or the Java Classes;
|
||
|
||
f) may not subset or superset the Java Classes; and
|
||
|
||
g) may not modify or extend the required public class or public interface
|
||
declarations whose names begin with "java", "javax", "jini", "net.jini",
|
||
"sun.hotjava", "COM.sun" or their equivalents in any subsequent naming
|
||
convention.
|
||
|
||
2.3 Compatibility Testing. Successful compatibility testing must be
|
||
completed by You, or at Original Contributor's option, a third party designated
|
||
by Original Contributor, to conduct such tests, in accordance with the User's
|
||
Guide, and using the most current version of the applicable TCK available from
|
||
Original Contributor one hundred twenty (120) days (two hundred forty [240] days
|
||
in the case of silicon implementations) prior to: (i) Your Internal Deployment
|
||
Use; and (ii) each release of Compliant Covered Code by You for Commercial Use.
|
||
In the event that You elect to use a version of Upgraded Code that is newer than
|
||
that which is required under this Section 2.3, then You agree to pass the
|
||
version of the TCK that corresponds to such newer version of Upgraded Code.
|
||
|
||
2.4 Test Results. You agree to provide to Original Contributor or the third
|
||
party test facility if applicable, Your test results that demonstrate that
|
||
Covered Code is Compliant Covered Code and that Original Contributor may publish
|
||
or otherwise distribute such test results.
|
||
|
||
|
||
|