1139 lines
48 KiB
Text
1139 lines
48 KiB
Text
SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Sept.
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29, 2004)
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RECITALS
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Original Contributor has developed Specifications and Source
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Code implementations of certain Technology; and
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Original Contributor desires to license the Technology to a
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large community to facilitate research, innovation and
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product development while maintaining compatibility of such
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products with the Technology as delivered by Original
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Contributor; and
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Original Contributor desires to license certain Sun
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Trademarks for the purpose of branding products that are
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compatible with the relevant Technology delivered by
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Original Contributor; and
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You desire to license the Technology and possibly certain
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Sun Trademarks from Original Contributor on the terms and
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conditions specified in this License.
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In consideration for the mutual covenants contained herein,
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You and Original Contributor agree as follows:
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AGREEMENT
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1. Introduction. The Sun Community Source License and
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effective attachments ("License") may include five distinct
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licenses: Research Use, TCK, Internal Deployment Use,
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Commercial Use and Trademark License. The Research Use
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license is effective when You click and accept this License.
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The TCK and Internal Deployment Use licenses are effective
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when You click and accept this License, unless otherwise
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specified in the TCK and Internal Deployment Use
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attachments. The Commercial Use and Trademark licenses must
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be signed by You and Original Contributor in order to become
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effective. Once effective, these licenses and the
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associated requirements and responsibilities are cumulative.
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Capitalized terms used in this License are defined in the
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Glossary.
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2. License Grants.
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2.1 Original Contributor Grant. Subject to Your compliance
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with Sections 3, 8.10 and Attachment A of this License,
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Original Contributor grants to You a worldwide,
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royalty-free, non-exclusive license, to the extent of
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Original Contributor's Intellectual Property Rights covering
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the Original Code, Upgraded Code and Specifications, to do
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the following:
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a) Research Use License:
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(i) use, reproduce and modify the Original Code, Upgraded
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Code and Specifications to create Modifications and
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Reformatted Specifications for Research Use by You,
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(ii) publish and display Original Code, Upgraded Code and
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Specifications with, or as part of Modifications, as
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permitted under Section 3.1 b) below,
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(iii) reproduce and distribute copies of Original Code and
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Upgraded Code to Licensees and students for Research Use by
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You,
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(iv) compile, reproduce and distribute Original Code and
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Upgraded Code in Executable form, and Reformatted
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Specifications to anyone for Research Use by You.
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b) Other than the licenses expressly granted in this
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License, Original Contributor retains all right, title, and
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interest in Original Code and Upgraded Code and
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Specifications.
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2.2 Your Grants.
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a) To Other Licensees. You hereby grant to each Licensee a
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license to Your Error Corrections and Shared Modifications,
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of the same scope and extent as Original Contributor's
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licenses under Section 2.1 a) above relative to Research
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Use, Attachment C relative to Internal Deployment Use, and
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Attachment D relative to Commercial Use.
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b) To Original Contributor. You hereby grant to Original
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Contributor a worldwide, royalty-free, non-exclusive,
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perpetual and irrevocable license, to the extent of Your
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Intellectual Property Rights covering Your Error
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Corrections, Shared Modifications and Reformatted
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Specifications, to use, reproduce, modify, display and
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distribute Your Error Corrections, Shared Modifications and
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Reformatted Specifications, in any form, including the right
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to sublicense such rights through multiple tiers of
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distribution.
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c) Other than the licenses expressly granted in Sections 2.2
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a) and b) above, and the restriction set forth in Section
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3.1 d)(iv) below, You retain all right, title, and interest
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in Your Error Corrections, Shared Modifications and
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Reformatted Specifications.
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2.3 Contributor Modifications. You may use, reproduce,
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modify, display and distribute Contributor Error
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Corrections, Shared Modifications and Reformatted
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Specifications, obtained by You under this License, to the
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same scope and extent as with Original Code, Upgraded Code
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and Specifications.
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2.4 Subcontracting. You may deliver the Source Code of
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Covered Code to other Licensees having at least a Research
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Use license, for the sole purpose of furnishing development
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services to You in connection with Your rights granted in
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this License. All such Licensees must execute appropriate
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documents with respect to such work consistent with the
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terms of this License, and acknowledging their
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work-made-for-hire status or assigning exclusive right to
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the work product and associated Intellectual Property Rights
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to You.
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3.Requirements and Responsibilities.
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3.1 Research Use License. As a condition of exercising the rights
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granted under Section 2.1 a) above, You agree to comply with the following:
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a) Your Contribution to the Community. All Error
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Corrections and Shared Modifications which You create or
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contribute to are automatically subject to the licenses
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granted under Section 2.2 above. You are encouraged to
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license all of Your other Modifications under Section 2.2 as
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Shared Modifications, but are not required to do so. You
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agree to notify Original Contributor of any errors in the
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Specification.
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b) Source Code Availability. You agree to provide all Your
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Error Corrections to Original Contributor as soon as
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reasonably practicable and, in any event, prior to Internal
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Deployment Use or Commercial Use, if applicable. Original
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Contributor may, at its discretion, post Source Code for
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Your Error Corrections and Shared Modifications on the
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Community Webserver. You may also post Error Corrections
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and Shared Modifications on a web-server of Your choice;
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provided, that You must take reasonable precautions to
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ensure that only Licensees have access to such Error
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Corrections and Shared Modifications. Such precautions
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shall include, without limitation, a password protection
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scheme limited to Licensees and a click-on, download
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certification of Licensee status required of those
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attempting to download from the server. An example of an
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acceptable certification is attached as Attachment A-2.
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c) Notices. All Error Corrections and Shared Modifications
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You create or contribute to must include a file documenting
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the additions and changes You made and the date of such
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additions and changes. You must also include the notice set
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forth in Attachment A-1 in the file header. If it is not
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possible to put the notice in a particular Source Code file
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due to its structure, then You must include the notice in a
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location (such as a relevant directory file), where a
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recipient would be most likely to look for such a notice.
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d) Redistribution.
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(i) Source. Covered Code may be distributed in Source Code
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form only to another Licensee (except for students as
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provided below). You may not offer or impose any terms on
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any Covered Code that alter the rights, requirements, or
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responsibilities of such Licensee. You may distribute
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Covered Code to students for use in connection with their
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course work and research projects undertaken at accredited
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educational institutions. Such students need not be
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Licensees, but must be given a copy of the notice set forth
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in Attachment A-3 and such notice must also be included in a
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file header or prominent location in the Source Code made
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available to such students.
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(ii) Executable. You may distribute Executable version(s)
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of Covered Code to Licensees and other third parties only
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for the purpose of evaluation and comment in connection with
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Research Use by You and under a license of Your choice, but
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which limits use of such Executable version(s) of Covered
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Code only to that purpose.
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(iii) Modified Class,Interface and Package Naming. In
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connection with Research Use by You only, You may use
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Original Contributor's class, interface and package names
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only to accurately reference or invoke the Source Code files
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You modify. Original Contributor grants to You a limited
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license to the extent necessary for such purposes.
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(iv) You expressly agree that any distribution, in whole or
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in part, of Modifications developed by You shall only be
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done pursuant to the term and conditions of this License.
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e) Extensions.
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(i) Covered Code. You may not include any Source Code of
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Community Code in any Extensions;
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(ii) Publication. No later than the date on which You first
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distribute such Extension for Commercial Use, You must
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publish to the industry, on a non-confidential basis and
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free of all copyright restrictions with respect to
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reproduction and use, an accurate and current specification
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for any Extension. In addition, You must make available an
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appropriate test suite, pursuant to the same rights as the
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specification, sufficiently detailed to allow any third
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party reasonably skilled in the technology to produce
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implementations of the Extension compatible with the
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specification. Such test suites must be made available as
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soon as reasonably practicable but, in no event, later than
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ninety (90) days after Your first Commercial Use of the
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Extension. You must use reasonable efforts to promptly
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clarify and correct the specification and the test suite
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upon written request by Original Contributor.
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(iii) Open. You agree to refrain from enforcing any
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Intellectual Property Rights You may have covering any
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interface(s) of Your Extension, which would prevent the
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implementation of such interface(s) by Original Contributor
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or any Licensee. This obligation does not prevent You from
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enforcing any Intellectual Property Right You have that
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would otherwise be infringed by an implementation of Your
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Extension.
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(iv) Class, Interface and Package Naming. You may not add
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any packages, or any public or protected classes or
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interfaces with names that originate or might appear to
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originate from Original Contributor including, without
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limitation, package or class names which begin with "sun",
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"java", "javax", "jini", "net.jini", "com.sun" or their
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equivalents in any subsequent class, interface and/ or
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package naming convention adopted by Original Contributor.
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It is specifically suggested that You name any new packages
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using the "Unique Package Naming Convention" as described in
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"The Java Language Specification" by James Gosling, Bill
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Joy, and Guy Steele, ISBN 0-201-63451-1, August 1996.
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Section 7.7 "Unique Package Names", on page 125 of this
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specification which states, in part:
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"You form a unique package name by first having (or
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belonging to an organization that has) an Internet domain
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name, such as "sun.com". You then reverse the name,
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component by component, to obtain, in this example,
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"Com.sun", and use this as a prefix for Your package names,
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using a convention developed within Your organization to
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further administer package names."
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3.2 Additional Requirements and Responsibilities. Any
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additional requirements and responsibilities relating to the
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Technology are listed in Attachment F (Additional
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Requirements and Responsibilities), if applicable, and are
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hereby incorporated into this Section 3.
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4. Versions of the License.
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4.1 License Versions. Original Contributor may publish
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revised versions of the License from time to time. Each
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version will be given a distinguishing version number.
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4.2 Effect. Once a particular version of Covered Code has
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been provided under a version of the License, You may always
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continue to use such Covered Code under the terms of that
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version of the License. You may also choose to use such
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Covered Code under the terms of any subsequent version of
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the License. No one other than Original Contributor has the
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right to promulgate License versions.
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5. Disclaimer of Warranty.
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5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS,"
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
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CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE
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RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED
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CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO
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THIS DISCLAIMER.
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5.2 You acknowledge that Original Code, Upgraded Code and
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Specifications are not designed or intended for use in (i)
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on-line control of aircraft, air traffic, aircraft
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navigation or aircraft communications; or (ii) in the
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design, construction, operation or maintenance of any
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nuclear facility. Original Contributor disclaims any
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express or implied warranty of fitness for such uses.
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6. Termination.
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6.1 By You. You may terminate this Research Use license at
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anytime by providing written notice to Original Contributor.
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6.2 By Original Contributor. This License and the rights
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granted hereunder will terminate:
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(i) automatically if You fail to comply with the terms of
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this License and fail to cure such breach within 30 days of
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receipt of written notice of the breach;
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(ii) immediately in the event of circumstances specified in
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Sections 7.1 and 8.4; or
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(iii) at Original Contributor's discretion upon any action
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initiated in the first instance by You alleging that use or
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distribution by Original Contributor or any Licensee, of
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Original Code, Upgraded Code, Error Corrections or Shared
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Modifications contributed by You, or Specifications,
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infringe a patent owned or controlled by You.
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6.3 Effect of Termination. Upon termination, You agree
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to discontinue use and return or destroy all copies of
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Covered Code in your possession. All sublicenses to the
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Covered Code which you have properly granted shall survive
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any termination of this License. Provisions which, by their
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nature, should remain in effect beyond the termination of
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this License shall survive including, without limitation,
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Sections 2.2, 3, 5, 7 and 8.
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6.4 Each party waives and releases the other from any claim
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to compensation or indemnity for permitted or lawful
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termination of the business relationship established by this
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License.
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7. Liability.
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7.1 Infringement. Should any of the Original Code, Upgraded
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Code, TCK or Specifications ("Materials") become the subject
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of a claim of infringement, Original Contributor may, at its
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sole option, (i) attempt to procure the rights necessary for
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You to continue using the Materials, (ii) modify the
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Materials so that they are no longer infringing, or (iii)
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terminate Your right to use the Materials, immediately upon
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written notice, and refund to You the amount, if any, having
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then actually been paid by You to Original Contributor for
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the Original Code, Upgraded Code and TCK, depreciated on a
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straight line, five year basis.
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7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY
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APPLICABLE LAW, ORIGINAL CONTRIBUTOR's LIABILITY TO YOU FOR
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CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN
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TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE
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AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL
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CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE
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PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO
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EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR
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ERROR CORRECTIONS) OR SUN BE LIABLE FOR ANY INDIRECT,
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PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
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CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING,
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WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER
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ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF
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LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT
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LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
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WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
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FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
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8. Miscellaneous.
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8.1 Trademark. You agree to comply with the then current
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Sun Trademark & Logo Usage Requirements accessible through
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the SCSL Webpage. Except as expressly provided in the
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License, You are granted no right, title or license to, or
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interest in, any Sun Trademarks. You agree not to (i)
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challenge Original Contributor's ownership or use of Sun
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Trademarks; (ii) attempt to register any Sun Trademarks, or
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any mark or logo substantially similar thereto; or (iii)
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incorporate any Sun Trademarks into your own trademarks,
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product names, service marks, company names, or domain
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names.
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8.2 Integration. This License represents the complete
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agreement concerning the subject matter hereof.
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8.3 Assignment. Original Contributor may assign this
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License, and its rights and obligations hereunder, in its
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sole discretion. You may assign the Research Use portions
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of this License to a third party upon prior written notice
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to Original Contributor (which may be provided via the
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Community Web-Server). You may not assign the Commercial
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Use license or TCK license, including by way of merger
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(regardless of whether You are the surviving entity) or
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acquisition, without Original Contributor's prior written
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consent.
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8.4 Severability. If any provision of this License is held
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to be unenforceable, such provision shall be reformed only
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to the extent necessary to make it enforceable.
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Notwithstanding the foregoing, if You are prohibited by law
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from fully and specifically complying with Sections 2.2 or
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3, this License will immediately terminate and You must
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immediately discontinue any use of Covered Code.
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8.5 Governing Law. This License shall be governed by the
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laws of the United States and the State of California, as
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applied to contracts entered into and to be performed in
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California between California residents. The application of
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the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded.
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8.6 Dispute Resolution.
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a) Any dispute arising out of or relating to this License
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shall be finally settled by arbitration as set out herein,
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except that either party may bring any action, in a court of
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competent jurisdiction (which jurisdiction shall be
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exclusive), with respect to any dispute relating to such
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party's Intellectual Property Rights or with respect to Your
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compliance with the TCK license. Arbitration shall be
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administered: (i) by the American Arbitration Association
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(AAA), (ii) in accordance with the rules of the United
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Nations Commission on International Trade Law (UNCITRAL)
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(the "Rules") in effect at the time of arbitration as
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modified herein; and (iii) the arbitrator will apply the
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substantive laws of California and United States. Judgment
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upon the award rendered by the arbitrator may be entered in
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any court having jurisdiction to enforce such award.
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b) All arbitration proceedings shall be conducted in English
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by a single arbitrator selected in accordance with the
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Rules, who must be fluent in English and be either a
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retired judge or practicing attorney having at least ten
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(10) years litigation experience and be reasonably familiar
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with the technology matters relative to the dispute.
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Unless otherwise agreed, arbitration venue shall be in
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London, Tokyo, or San Francisco, whichever is closest to
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defendant's principal business office. The arbitrator may
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award monetary damages only and nothing shall preclude
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either party from seeking provisional or emergency relief
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from a court of competent jurisdiction. The arbitrator
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shall have no authority to award damages in excess of those
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permitted in this License and any such award in excess is
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void. All awards will be payable in U.S. dollars and may
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include, for the prevailing party (i) pre-judgment award
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interest, (ii) reasonable attorneys' fees incurred in
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connection with the arbitration, and (iii) reasonable costs
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and expenses incurred in enforcing the award. The
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arbitrator will order each party to produce identified
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documents and respond to no more than twenty-five single
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question interrogatories.
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8.7 Construction. Any law or regulation which provides that
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the language of a contract shall be construed against the
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drafter shall not apply to this License.
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8.8 U.S. Government End Users. The Covered Code is a
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"commercial item," as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of "commercial computer
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software" and "commercial computer software documentation,"
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as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
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Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
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through 227.7202-4 (June 1995), all U.S. Government End
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Users acquire Covered Code with only those rights set forth
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herein. You agree to pass this notice to Your licensees.
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8.9 Press Announcements. All press announcements relative
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to the execution of this License must be reviewed and
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approved by Original Contributor and You prior to release.
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8.10 International Use.
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a) Export/Import laws. Covered Code is subject to U.S.
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export control laws and may be subject to export or import
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regulations in other countries. Each party agrees to comply
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strictly with all such laws and regulations and acknowledges
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their responsibility to obtain such licenses to export,
|
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re-export, or import as may be required. You agree to pass
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these obligations to Your licensees.
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b) Intellectual Property Protection. Due to limited
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intellectual property protection and enforcement in certain
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countries, You agree not to redistribute the Original Code,
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Upgraded Code, TCK and Specifications to any country other
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than the list of restricted countries on the SCSL Webpage.
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8.11 Language. This License is in the English language
|
|
only, which language 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. 5.0 as described on the
|
|
Technology Download Site.
|
|
|
|
ATTACHMENT C
|
|
|
|
INTERNAL DEPLOYMENT USE
|
|
|
|
This Attachment C is only effective for the Technology
|
|
specified in Attachment B, upon execution of Attachment D
|
|
(Commercial Use License) including the requirement to pay
|
|
royalties. In the event of a conflict between the terms of
|
|
this Attachment C and Attachment D, the terms of Attachment
|
|
D shall govern.
|
|
|
|
1. Internal Deployment License Grant. Subject to Your
|
|
compliance with Section 2 below, and Section 8.10 of the
|
|
Research Use license; in addition to the Research Use
|
|
license and the TCK license, Original Contributor grants to
|
|
You a worldwide, non-exclusive license, to the extent of
|
|
Original Contributor's Intellectual Property Rights covering
|
|
the Original Code, Upgraded Code and Specifications, to do
|
|
the following:
|
|
|
|
a) reproduce and distribute internally, Original Code and
|
|
Upgraded Code as part of Compliant Covered Code, and
|
|
Specifications, for Internal Deployment Use,
|
|
|
|
b) compile such Original Code and Upgraded Code, as part of
|
|
Compliant Covered Code, and reproduce and distribute
|
|
internally the same in Executable form for Internal
|
|
Deployment Use, and
|
|
|
|
c) reproduce and distribute internally, Reformatted
|
|
Specifications for use in connection with Internal
|
|
Deployment Use.
|
|
|
|
2. Additional Requirements and Responsibilities. In
|
|
addition to the requirements and responsibilities described
|
|
under Section 3.1 of the Research Use license, and as a
|
|
condition to exercising the rights granted under Section 3
|
|
above, You agree to the following additional requirements
|
|
and responsibilities:
|
|
|
|
2.1 Compatibility. All Covered Code must be Compliant
|
|
Covered Code prior to any Internal Deployment Use or
|
|
Commercial Use, whether originating with You or acquired
|
|
from a third party. Successful compatibility testing must
|
|
be completed in accordance with the TCK License. If You
|
|
make any further Modifications to any Covered Code
|
|
previously determined to be Compliant Covered Code, you must
|
|
ensure that it continues to be Compliant Covered Code.
|
|
|
|
ATTACHMENT D COMMERCIAL USE LICENSE
|
|
|
|
1. Effect. This Attachment D is effective only if signed
|
|
below by You and Original Contributor, and applies to Your
|
|
Commercial Use of Original Code and Upgraded Code.
|
|
|
|
2. Term. Upon execution of this Attachment D by You and
|
|
Original Contributor, this Commercial Use license shall have
|
|
an initial term of 3 years and shall automatically renew for
|
|
additional one year terms unless either party provides
|
|
notice to the other no less than 60 days prior to an
|
|
anniversary date.
|
|
|
|
3. Commercial Use License Grant. Subject to Your
|
|
compliance with Section 4 below, Section 8.10 of the
|
|
Research Use license, and the TCK license; in addition to
|
|
the Research Use license, the TCK license, and the Internal
|
|
Deployment Use license, Original Contributor grants to You a
|
|
worldwide, non-exclusive, non-transferable license, to the
|
|
extent of Original Contributor's Intellectual Property
|
|
Rights covering the Original Code, Upgraded Code and
|
|
Specifications, to do the following:
|
|
|
|
a) reproduce and distribute Compliant Covered Code;
|
|
|
|
b) compile Compliant Covered Code and reproduce and
|
|
distribute the same in Executable form through multiple
|
|
tiers of distribution; and
|
|
|
|
c) reproduce and distribute Reformatted Specifications in
|
|
association with Compliant Covered Code.
|
|
|
|
4. Additional Requirements and Responsibilities. In
|
|
addition to the requirements and responsibilities specified
|
|
in the Research Use license, the TCK license and the
|
|
Internal Deployment license, and as a condition to
|
|
exercising the rights granted in Section 3 above, You agree
|
|
to the following additional requirements and
|
|
responsibilities:
|
|
|
|
a) Distribution of Source Code. Source Code of Compliant
|
|
Covered Code may be distributed only to another Licensee of
|
|
the same Technology.
|
|
|
|
b) Distribution of Executable Code. You may distribute the
|
|
Executable version(s) of Compliant Covered Code under a
|
|
license of Your choice, which may contain terms different
|
|
from this License, provided (i) that You are in compliance
|
|
with the terms of this License, and (ii) You must make it
|
|
absolutely clear that any terms which differ from this
|
|
License are offered by You alone, not by Original
|
|
Contributor or any other Contributor.
|
|
|
|
c) Branding. Products integrating Compliant Covered Code
|
|
used for Commercial Use must be branded with the Technology
|
|
compliance logo under a separate trademark license required
|
|
to be executed by You and Original Contributor concurrent
|
|
with execution of this Attachment D.
|
|
|
|
5. Indemnity/Limitation of Liability. The provisions of
|
|
Section 7.1 of the Research Use license are superseded by
|
|
the following:
|
|
|
|
a) Your Indemnity Obligation. You hereby agree to defend,
|
|
at Your expense, any legal proceeding brought against
|
|
Original Contributor or any Licensee to the extent it is
|
|
based on a claim: (i) that the use, reproduction or
|
|
distribution of any of Your Error Corrections or Shared
|
|
Modifications is an infringement of a third party trade
|
|
secret or a copyright in a country that is a signatory to
|
|
the Berne Convention; (ii) arising in connection with any
|
|
representation, warranty, support, indemnity, liability or
|
|
other license terms You may offer in connection with any
|
|
Covered Code; or (iii) arising from Your Commercial Use of
|
|
Covered Code, other than a claim covered by Section 5.b)
|
|
below, or a patent claim based solely on Covered Code not
|
|
provided by You. You will pay all damages costs and fees
|
|
awarded by a court of competent jurisdiction, or such
|
|
settlement amount negotiated by You, attributable to such
|
|
claim.
|
|
|
|
b) Original Contributor's Indemnity Obligation. Original
|
|
Contributor will defend, at its expense, any legal
|
|
proceeding brought against You, to the extent it is based on
|
|
a claim that Your authorized Commercial Use of Original Code
|
|
and Upgraded Code is an infringement of a third party trade
|
|
secret or a copyright in a country that is a signatory to
|
|
the Berne Convention, and will pay all damages costs and
|
|
fees awarded by a court of competent jurisdiction, or such
|
|
settlement amount negotiated by Original Contributor,
|
|
attributable to such claim. The foregoing shall not apply
|
|
to any claims of intellectual property infringement based
|
|
upon the combination of code or documentation supplied by
|
|
Original Contributor with code, technology or documentation
|
|
from other sources.
|
|
|
|
c) Right of Intervention. Original Contributor will have
|
|
the right, but not the obligation, to defend You, at
|
|
Original Contributor's expense, in connection with a claim
|
|
that Your Commercial Use of Original Code and Upgraded Code
|
|
is an infringement of a third party patent and will, if
|
|
Original Contributor chooses to defend You, pay all damages
|
|
costs and fees awarded by a court of competent jurisdiction,
|
|
or such settlement amount negotiated by Original
|
|
Contributor, attributable to such claim.
|
|
|
|
d) Prerequisites. Under Sections 5.b) and c) above, You
|
|
must, and under Section 5.a) above, Original Contributor or
|
|
any Licensee must: (i) provide notice of the claim promptly
|
|
to the party providing an indemnity; (ii) give the
|
|
indemnifying party sole control of the defense and
|
|
settlement of the claim; (iii) provide the indemnifying
|
|
party, at indemnifying party's expense, all available
|
|
information, assistance and authority to defend; and (iv)
|
|
not have compromised or settled such claim or proceeding
|
|
without the indemnifying party's prior written consent.
|
|
|
|
e) Additional Remedies. Should any Original Code, Upgraded
|
|
Code, TCK, Specifications, or Modifications become, or in
|
|
the indemnifying party's opinion be likely to become, the
|
|
subject of a claim of infringement for which indemnity is
|
|
provided above, the indemnifying party may, at its sole
|
|
option, attempt to procure on reasonable terms the rights
|
|
necessary for the indemnified party to exercise its license
|
|
rights under this License with respect to the infringing
|
|
items, or to modify the infringing items so that they are no
|
|
longer infringing without substantially impairing their
|
|
function or performance. If the indemnifying party is
|
|
unable to do the foregoing after reasonable efforts, then
|
|
the indemnifying party may send a notice of such inability
|
|
to the indemnified party together with a refund of any
|
|
license fees received by the indemnifying party from the
|
|
indemnified party for the infringing items applicable to the
|
|
indemnified party's future use or distribution of such
|
|
infringing items, in which case the indemnifying party will
|
|
not be liable for any damages resulting from infringing
|
|
activity with respect to the infringing items occurring
|
|
after such notice and refund.
|
|
|
|
6. Support Programs.
|
|
|
|
Support to You. Technical support is not provided to You by
|
|
Original Contributor under this License. You may contract
|
|
for one or more support programs from Original Contributor
|
|
relating to the Technology which are described on the SCSL
|
|
Webpage.
|
|
|
|
Customer Support. You are responsible for providing
|
|
technical and maintenance support services to Your customers
|
|
for Your products and services incorporating the Compliant
|
|
Covered code.
|
|
|
|
7. Royalties and Payments.
|
|
|
|
Technology specified in Attachment B.
|
|
|
|
Field of Use:____________________
|
|
|
|
Royalty per Unit $_____________
|
|
|
|
b) Royalty Payments. Payment of royalties shall be made
|
|
quarterly, shall be due thirty (30) days following the end
|
|
of the calendar quarter to which they relate and shall be
|
|
submitted with a written statement documenting the basis for
|
|
the royalty calculation.
|
|
|
|
c) Taxes. All payments required by this License shall be
|
|
made in United States dollars, are exclusive of taxes, and
|
|
Licensee agrees to bear and be responsible for the payment
|
|
of all such taxes, including, but not limited to, all sales,
|
|
use, rental receipt, personal property or other taxes and
|
|
their equivalents which may be levied or assessed in
|
|
connection with this License (excluding only taxes based on
|
|
Original Contributor's net income). To the extent Licensee
|
|
is required to withhold taxes based upon Original
|
|
Contributor's income in any country, You agree to provide
|
|
Original Contributor with written evidence of such
|
|
withholding, suitable for Original Contributor to obtain a
|
|
tax credit in the United States.
|
|
|
|
d) Records. You agree to maintain account books and records
|
|
consistent with Generally Accepted Accounting Principles
|
|
appropriate to Your domicile, as may be in effect from time
|
|
to time, sufficient to allow the correctness of the
|
|
royalties required to be paid pursuant to this License to be
|
|
determined.
|
|
|
|
e) Audit Rights. Original Contributor shall have the right
|
|
to audit such accounts upon reasonable prior notice using an
|
|
independent auditor of Original Contributor's choice (the
|
|
"Auditor"). The Auditor shall be bound to keep confidential
|
|
the details of Your business affairs and to limit disclosure
|
|
of the results of any audit to the sufficiency of the
|
|
accounts and the amount, if any, of a payment adjustment
|
|
that should be made. Such audits shall not occur more than
|
|
once each year (unless discrepancies are discovered in
|
|
excess of the five percent (5%) threshold set forth in
|
|
Section 7.f) below, in which case two consecutive quarters
|
|
per year may be audited). Except as set forth in Section
|
|
7.f) below, Original Contributor shall bear all costs and
|
|
expenses associated with the exercise of its rights to
|
|
audit.
|
|
|
|
f) Payment Errors. In the event that any errors in payments
|
|
shall be determined, such errors shall be corrected by
|
|
appropriate adjustment in payment for the quarterly period
|
|
during which the error is discovered. In the event of an
|
|
underpayment of more than five percent (5%) of the proper
|
|
amount owed, upon such underpayment being properly
|
|
determined by the Auditor, You agree to reimburse Original
|
|
Contributor the amount of the underpayment and all
|
|
reasonable costs and expenses associated with the exercise
|
|
of its rights to audit, and interest on the overdue amount
|
|
at the maximum allowable interest rate from the date of
|
|
accrual of such obligation.
|
|
|
|
8. Notice of Breach or Infringement. Each party shall
|
|
notify the other immediately in writing when it becomes
|
|
aware of any breach or violation of the terms of this
|
|
License, or when You become aware of any potential or actual
|
|
infringement by a third party of the Technology or Sun's
|
|
Intellectual Property Rights therein.
|
|
|
|
9. Proprietary Rights Notices. You may not remove any
|
|
copyright notices, trademark notices or other proprietary
|
|
legends of Original Contributor or its suppliers contained
|
|
on or in the Original Code, Upgraded Code and
|
|
Specifications.
|
|
|
|
10. Notices. All written notices required by this License
|
|
must be delivered in person or by means evidenced by a
|
|
delivery receipt and will be effective upon receipt by the
|
|
persons at the addresses specified below.
|
|
|
|
Original Contributor: You:
|
|
|
|
Sun Microsystems, Inc. _____________________________
|
|
|
|
4150 Network Circle ______________________________
|
|
|
|
Santa Clara, California 95054 ______________________________
|
|
|
|
Attn.: VP, Sun Software and
|
|
Technology Sales ______________________________
|
|
cc: Legal (Software Sales)
|
|
|
|
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
|
|
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.
|