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authorPreston A. Elder <prez@gentoo.org>2002-08-30 14:50:40 +0000
committerPreston A. Elder <prez@gentoo.org>2002-08-30 14:50:40 +0000
commit4f85ea86be6d4e5c19f780afc4a662fbed81cb94 (patch)
treec76f0911133c01fe9e08178d36d72558dadf2eab /licenses/sun-csl
parentFHS compliance (diff)
downloadhistorical-4f85ea86be6d4e5c19f780afc4a662fbed81cb94.tar.gz
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+ 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.
+ \ No newline at end of file