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author | Preston A. Elder <prez@gentoo.org> | 2002-08-30 14:50:40 +0000 |
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committer | Preston A. Elder <prez@gentoo.org> | 2002-08-30 14:50:40 +0000 |
commit | 4f85ea86be6d4e5c19f780afc4a662fbed81cb94 (patch) | |
tree | c76f0911133c01fe9e08178d36d72558dadf2eab /licenses/sun-csl | |
parent | FHS compliance (diff) | |
download | historical-4f85ea86be6d4e5c19f780afc4a662fbed81cb94.tar.gz historical-4f85ea86be6d4e5c19f780afc4a662fbed81cb94.tar.bz2 historical-4f85ea86be6d4e5c19f780afc4a662fbed81cb94.zip |
Added the sun Community Source License.
Diffstat (limited to 'licenses/sun-csl')
-rw-r--r-- | licenses/sun-csl | 1171 |
1 files changed, 1171 insertions, 0 deletions
diff --git a/licenses/sun-csl b/licenses/sun-csl new file mode 100644 index 000000000000..ca75c8bc6a53 --- /dev/null +++ b/licenses/sun-csl @@ -0,0 +1,1171 @@ + SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Feb. + 23, 1999) + + RECITALS + + Original Contributor has developed Specifications and Source + Code implementations of certain Technology; and + + Original Contributor desires to license the Technology to a + large community to facilitate research, innovation and + product development while maintaining compatibility of such + products with the Technology as delivered by Original + Contributor; and + + Original Contributor desires to license certain Sun + Trademarks for the purpose of branding products that are + compatible with the relevant Technology delivered by + Original Contributor; and + + You desire to license the Technology and possibly certain + Sun Trademarks from Original Contributor on the terms and + conditions specified in this License. + + In consideration for the mutual covenants contained herein, + You and Original Contributor agree as follows: + + AGREEMENT + + 1. Introduction. The Sun Community Source License and + effective attachments ("License") may include five distinct + licenses: Research Use, TCK, Internal Deployment Use, + Commercial Use and Trademark License. The Research Use + license is effective when You click and accept this License. + The TCK and Internal Deployment Use licenses are effective + when You click and accept this License, unless otherwise + specified in the TCK and Internal Deployment Use + attachments. The Commercial Use and Trademark licenses must + be signed by You and Original Contributor in order to become + effective. Once effective, these licenses and the + associated requirements and responsibilities are cumulative. + Capitalized terms used in this License are defined in the + Glossary. + + 2. License Grants. + + 2.1 Original Contributor Grant. Subject to Your compliance + with Sections 3, 8.10 and Attachment A of this License, + Original Contributor grants to You a worldwide, + royalty-free, 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) Research Use License: + + (i) use, reproduce and modify the Original Code, Upgraded + Code and Specifications to create Modifications and + Reformatted Specifications for Research Use by You, + + (ii) publish and display Original Code, Upgraded Code and + Specifications with, or as part of Modifications, as + permitted under Section 3.1 b) below, + + (iii) reproduce and distribute copies of Original Code and + Upgraded Code to Licensees and students for Research Use by + You, + + (iv) compile, reproduce and distribute Original Code and + Upgraded Code in Executable form, and Reformatted + Specifications to anyone for Research Use by You. + + b) Other than the licenses expressly granted in this + License, Original Contributor retains all right, title, and + interest in Original Code and Upgraded Code and + Specifications. + + 2.2 Your Grants. + + a) To Other Licensees. You hereby grant to each Licensee a + license to Your Error Corrections and Shared Modifications, + of the same scope and extent as Original Contributor's + licenses under Section 2.1 a) above relative to Research + Use, Attachment C relative to Internal Deployment Use, and + Attachment D relative to Commercial Use. + + b) To Original Contributor. You hereby grant to Original + Contributor a worldwide, royalty-free, non-exclusive, + perpetual and irrevocable license, to the extent of Your + Intellectual Property Rights covering Your Error + Corrections, Shared Modifications and Reformatted + Specifications, to use, reproduce, modify, display and + distribute Your Error Corrections, Shared Modifications and + Reformatted Specifications, in any form, including the right + to sublicense such rights through multiple tiers of + distribution. + + c) Other than the licenses expressly granted in Sections 2.2 + a) and b) above, and the restriction set forth in Section + 3.1 d)(iv) below, You retain all right, title, and interest + in Your Error Corrections, Shared Modifications and + Reformatted Specifications. + + 2.3 Contributor Modifications. You may use, reproduce, + modify, display and distribute Contributor Error + Corrections, Shared Modifications and Reformatted + Specifications, obtained by You under this License, to the + same scope and extent as with Original Code, Upgraded Code + and Specifications. + + 2.4 Subcontracting. You may deliver the Source Code of + Covered Code to other Licensees having at least a Research + Use license, for the sole purpose of furnishing development + services to You in connection with Your rights granted in + this License. All such Licensees must execute appropriate + documents with respect to such work consistent with the + terms of this License, and acknowledging their + work-made-for-hire status or assigning exclusive right to + the work product and associated Intellectual Property Rights + to You. + + 3. Requirements and Responsibilities. 3.1 Research Use + License. As a condition of exercising the rights granted + under Section 2.1 a) above, You agree to comply with the + following: + + a) Your Contribution to the Community. All Error + Corrections and Shared Modifications which You create or + contribute to are automatically subject to the licenses + granted under Section 2.2 above. You are encouraged to + license all of Your other Modifications under Section 2.2 as + Shared Modifications, but are not required to do so. You + agree to notify Original Contributor of any errors in the + Specification. + + b) Source Code Availability. You agree to provide all Your + Error Corrections to Original Contributor as soon as + reasonably practicable and, in any event, prior to Internal + Deployment Use or Commercial Use, if applicable. Original + Contributor may, at its discretion, post Source Code for + Your Error Corrections and Shared Modifications on the + Community Webserver. You may also post Error Corrections + and Shared Modifications on a web-server of Your choice; + provided, that You must take reasonable precautions to + ensure that only Licensees have access to such Error + Corrections and Shared Modifications. Such precautions + shall include, without limitation, a password protection + scheme limited to Licensees and a click-on, download + certification of Licensee status required of those + attempting to download from the server. An example of an + acceptable certification is attached as Attachment A-2. + + c) Notices. All Error Corrections and Shared Modifications + You create or contribute to must include a file documenting + the additions and changes You made and the date of such + additions and changes. You must also include the notice set + forth in Attachment A-1 in the file header. If it is not + possible to put the notice in a particular Source Code file + due to its structure, then You must include the notice in a + location (such as a relevant directory file), where a + recipient would be most likely to look for such a notice. + + d) Redistribution. + + (i) Source. Covered Code may be distributed in Source Code + form only to another Licensee (except for students as + provided below). You may not offer or impose any terms on + any Covered Code that alter the rights, requirements, or + responsibilities of such Licensee. You may distribute + Covered Code to students for use in connection with their + course work and research projects undertaken at accredited + educational institutions. Such students need not be + Licensees, but must be given a copy of the notice set forth + in Attachment A-3 and such notice must also be included in a + file header or prominent location in the Source Code made + available to such students. + + (ii) Executable. You may distribute Executable version(s) + of Covered Code to Licensees and other third parties only + for the purpose of evaluation and comment in connection with + Research Use by You and under a license of Your choice, but + which limits use of such Executable version(s) of Covered + Code only to that purpose. + + (iii) Modified Class,Interface and Package Naming. In + connection with Research Use by You only, You may use + Original Contributor's class, interface and package names + only to accurately reference or invoke the Source Code files + You modify. Original Contributor grants to You a litmited + license to the extent necessary for such purposes. + + (iv) You expressly agree that any distribution, in whole or + in part, of Modifications developed by You shall only be + done pursuant to the term and conditions of this License. + + e) Extensions. + + (i) Covered Code. You may not include any Source Code of + Community Code in any Extensions; + + (ii) Publication. No later than the date on which You first + distribute such Extension for Commercial Use, You must + publish to the industry, on a non-confidential basis and + free of all copyright restrictions with respect to + reproduction and use, an accurate and current specification + for any Extension. In addition, You must make available an + appropriate test suite, pursuant to the same rights as the + specification, sufficiently detailed to allow any third + party reasonably skilled in the technology to produce + implementations of the Extension compatible with the + specification. Such test suites must be made available as + soon as reasonably practicable but, in no event, later than + ninety (90) days after Your first Commercial Use of the + Extension. You must use reasonable efforts to promptly + clarify and correct the specification and the test suite + upon written request by Original Contributor. + + (iii) Open. You agree to refrain from enforcing any + Intellectual Property Rights You may have covering any + interface(s) of Your Extension, which would prevent the + implementation of such interface(s) by Original Contributor + or any Licensee. This obligation does not prevent You from + enforcing any Intellectual Property Right You have that + would otherwise be infringed by an implementation of Your + Extension. + + (iv) Class, Interface and Package Naming. You may not add + any packages, or any public or protected classes or + interfaces with names that originate or might appear to + originate from Original Contributor including, without + limitation, package or class names which begin with "sun", + "java", "javax", "jini", "net.jini", "com.sun" or their + equivalents in any subsequent class, interface and/ or + package naming convention adopted by Original Contributor. + It is specifically suggested that You name any new packages + using the "Unique Package Naming Convention" as described in + "The Java Language Specification" by James Gosling, Bill + Joy, and Guy Steele, ISBN 0-201-63451-1, August 1996. + Section 7.7 "Unique Package Names", on page 125 of this + specification which states, in part: + + "You form a unique package name by first having (or + belonging to an organization that has) an Internet domain + name, such as "sun.com". You then reverse the name, + component by component, to obtain, in this example, + "Com.sun", and use this as a prefix for Your package names, + using a convention developed within Your organization to + further administer package names." + + 3.2 Additional Requirements and Responsibilities. Any + additional requirements and responsibilities relating to the + Technology are listed in Attachment F (Additional + Requirements and Responsibilities), if applicable, and are + hereby incorporated into this Section 3. + + 4. Versions of the License. + + 4.1 License Versions. Original Contributor may publish + revised versions of the License from time to time. Each + version will be given a distinguishing version number. + + 4.2 Effect. Once a particular version of Covered Code has + been provided under a version of the License, You may always + continue to use such Covered Code under the terms of that + version of the License. You may also choose to use such + Covered Code under the terms of any subsequent version of + the License. No one other than Original Contributor has the + right to promulgate License versions. + + 5. Disclaimer of Warranty. + + 5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," + WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, + INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED + CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR + PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE + RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED + CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY + CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF + ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO + THIS DISCLAIMER. + + 5.2 You acknowledge that Original Code, Upgraded Code and + Specifications are not designed or intended for use in (i) + on-line control of aircraft, air traffic, aircraft + navigation or aircraft communications; or (ii) in the + design, construction, operation or maintenance of any + nuclear facility. Original Contributor disclaims any + express or implied warranty of fitness for such uses. + + 6. Termination. + + 6.1 By You. You may terminate this Research Use license at + anytime by providing written notice to Original Contributor. + + 6.2 By Original Contributor. This License and the rights + granted hereunder will terminate: + + (i) automatically if You fail to comply with the terms of + this License and fail to cure such breach within 30 days of + receipt of written notice of the breach; + + (ii) immediately in the event of circumstances specified in + Sections 7.1 and 8.4; or + + (iii) at Original Contributor's discretion upon any action + initiated in the first instance by You alleging that use or + distribution by Original Contributor or any Licensee, of + Original Code, Upgraded Code, Error Corrections or Shared + Modifications contributed by You, or Specifications, + infringe a patent owned or controlled by You. + + 6.3 Effective of Termination. Upon termination, You agree + to discontinue use and return or destroy all copies of + Covered Code in your possession. All sublicenses to the + Covered Code which you have properly granted shall survive + any termination of this License. Provisions which, by their + nature, should remain in effect beyond the termination of + this License shall survive including, without limitation, + Sections 2.2, 3, 5, 7 and 8. + + 6.4 Each party waives and releases the other from any claim + to compensation or indemnity for permitted or lawful + termination of the business relationship established by this + License. + + 7. Liability. + + 7.1 Infringement. Should any of the Original Code, Upgraded + Code, TCK or Specifications ("Materials") become the subject + of a claim of infringement, Original Contributor may, at its + sole option, (i) attempt to procure the rights necessary for + You to continue using the Materials, (ii) modify the + Materials so that they are no longer infringing, or (iii) + terminate Your right to use the Materials, immediately upon + written notice, and refund to You the amount, if any, having + then actually been paid by You to Original Contributor for + the Original Code, Upgraded Code and TCK, depreciated on a + straight line, five year basis. + + 7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY + APPLICABLE LAW, ORIGINAL CONTRIBUTOR's LIABILITY TO YOU FOR + CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN + TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE + AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL + CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE + PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO + EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR + ERROR CORRECTIONS) OR SUN BE LIABLE FOR ANY INDIRECT, + PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN + CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, + WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER + ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF + LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT + LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, + WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED + OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE + FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. + + 8. Miscellaneous. + + 8.1 Trademark. You agree to comply with the then current + Sun Trademark & Logo Usage Requirements accessible through + the SCSL Webpage. Except as expressly provided in the + License, You are granted no right, title or license to, or + interest in, any Sun Trademarks. You agree not to (i) + challenge Original Contributor's ownership or use of Sun + Trademarks; (ii) attempt to register any Sun Trademarks, or + any mark or logo substantially similar thereto; or (iii) + incorporate any Sun Trademarks into your own trademarks, + product names, service marks, company names, or domain + names. + + 8.2 Integration. This License represents the complete + agreement concerning the subject matter hereof. + + 8.3 Assignment. Original Contributor may assign this + License, and its rights and obligations hereunder, in its + sole discretion. You may assign the Research Use portions + of this License to a third party upon prior written notice + to Original Contributor (which may be provided via the + Community Web-Server). You may not assign the Commercial + Use license or TCK license, including by way of merger + (regardless of whether You are the surviving entity) or + acquisition, without Original Contributor's prior written + consent. + + 8.4 Severability. If any provision of this License is held + to be unenforceable, such provision shall be reformed only + to the extent necessary to make it enforceable. + Notwithstanding the foregoing, if You are prohibited by law + from fully and specifically complying with Sections 2.2 or + 3, this License will immediately terminate and You must + immediately discontinue any use of Covered Code. + + 8.5 Governing Law. This License shall be governed by the + laws of the United States and the State of California, as + applied to contracts entered into and to be performed in + California between California residents. The application of + the United Nations Convention on Contracts for the + International Sale of Goods is expressly excluded. + + 8.6 Dispute Resolution. + + a) Any dispute arising out of or relating to this License + shall be finally settled by arbitration as set out herein, + except that either party may bring any action, in a court of + competent jurisdiction (which jurisdiction shall be + exclusive), with respect to any dispute relating to such + party's Intellectual Property Rights or with respect to Your + compliance with the TCK license. Arbitration shall be + administered: (i) by the American Arbitration Association + (AAA), (ii) in accordance with the rules of the United + Nations Commission on International Trade Law (UNCITRAL) + (the "Rules") in effect at the time of arbitration as + modified herein; and (iii) the arbitrator will apply the + substantive laws of California and United States. Judgement + upon the award rendered by the arbitrator may be entered in + any court having jurisdiction to enforce such award. + + b) All arbitration proceedings shall be conducted in English + by a single arbitrator selected in accordance with the + Rules, who must be fluent in English and be either a + retired judge or practicing attorney having at least ten + (10) years litigation experience and be reasonably familiar + with the technology matters relative to the dispute. + Unless otherwise agreed, arbitration venue shall be in + London, Tokyo, or San Francisco, whichever is closest to + defendant's principal business office. The arbitrator may + award monetary damages only and nothing shall preclude + either party from seeking provisional or emergency relief + from a court of competent jurisdiction. The arbitrator + shall have no authority to award damages in excess of those + permitted in this License and any such award in excess is + void. All awards will be payable in U.S. dollars and may + include, for the prevailing party (i) pre-judgment award + interest, (ii) reasonable attorneys' fees incurred in + connection with the arbitration, and (iii) reasonable costs + and expenses incurred in enforcing the award. The + arbitrator will order each party to produce identified + documents and respond to no more than twenty-five single + question interrogatories. + + 8.7 Construction. Any law or regulation which provides that + the language of a contract shall be construed against the + drafter shall not apply to this License. + + 8.8 U.S. Government End Users. The Covered Code is a + "commercial item," as that term is defined in 48 C.F.R. + 2.101 (Oct. 1995), consisting of "commercial computer + software" and "commercial computer software documentation," + as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). + Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 + through 227.7202-4 (June 1995), all U.S. Government End + Users acquire Covered Code with only those rights set forth + herein. You agree to pass this notice to Your licensees. + + 8.9 Press Announcements. All press announcements relative + to the execution of this License must be reviewed and + approved by Original Contributor and You prior to release. + + 8.10 International Use. + + a) Export/Import laws. Covered Code is subject to U.S. + export control laws and may be subject to export or import + regulations in other countries. Each 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. + + b) Intellectual Property Protection. Due to limited + intellectual property protection and enforcement in certain + countries, You agree not to redistribute the Original Code, + Upgraded Code, TCK and Specifications to any country other + than the list of restricted countries on the SCSL Webpage. + + 8.11 Language. This License is in the English language + only, which language shall be controlling in all respects, + and all versions of this License in any 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 otherwise + noted, shall be in the English language. + + PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY + CLICKING ON THE "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND + AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE WITH + SUN MICROSYSTEMS, INC. IF YOU ARE AGREEING TO THIS LICENSE + ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE + AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER + YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A + 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. + + ACCEPT REJECT + + + + + + + + + + + GLOSSARY + + 1. "Commercial Use" means any use (excluding Internal + Deployment Use) or distribution, directly or indirectly of + Compliant Covered Code by You to any 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. + + 2. "Community Code" means the Original Code, Upgraded Code, + Error Corrections, Shared Modifications, or any combination + thereof. + + 3. "Community Webserver(s)" means the webservers designated + by Original Contributor for posting Error Corrections and + Shared Modifications. + + 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." + + + + 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." + + + + ATTACHMENT B + + Java(tm) 2 SDK Technology + + Description of "Technology" + + Java(tm) 2 SDK Technology v.1.2 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 indemnif ying 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:________________________ + + Title_________________________ Title:_____________________ + + Date:_________________________ Date:______________________ + + + + + ATTACHMENT E TECHNOLOGY COMPATIBILITY KIT + + The following license is effective for the Java(tm)2 SDK + Version 1.2 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) "Java Classes" means the specific class libraries + associated with each Technology defined in Attachment B. + + c) "Java Runtime Interpreter" means the program(s) which + implement the Java virtual machine for the Technology as + defined in the Specification. + + d) "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) "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. +
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