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authorMaxim Sobolev <sobomax@FreeBSD.org>2001-08-27 18:58:46 +0000
committerMaxim Sobolev <sobomax@FreeBSD.org>2001-08-27 18:58:46 +0000
commit630b953d374d708a5a8329914d290159e79a7d1d (patch)
tree07e616bbe106588567fa6602219af6589ccc35e8 /java/jdk13/pkg-message
parentd2ca7a49df2b8a7c0ec9ba3c10b7c9a28394d06b (diff)
downloadports-630b953d374d708a5a8329914d290159e79a7d1d.tar.gz
ports-630b953d374d708a5a8329914d290159e79a7d1d.zip
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- Sun Microsystems, Inc.
- Binary Code License Agreement
-
-READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
-LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
-OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
-MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
-YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
-ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
-THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
-TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
-PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
-ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
-AGREEMENT.
-
-1. LICENSE TO USE. Sun grants you a non-exclusive and
-non-transferable license for the internal use only of the accompanying
-software and documentation and any error corrections provided by Sun
-(collectively "Software"), by the number of users and the class of
-computer hardware for which the corresponding fee has been paid.
-
-2. RESTRICTIONS Software is confidential and copyrighted. Title to
-Software and all associated intellectual property rights is retained
-by Sun and/or its licensors. Except as specifically authorized in any
-Supplemental License Terms, you may not make copies of Software, other
-than a single copy of Software for archival purposes. Unless
-enforcement is prohibited by applicable law, you may not modify,
-decompile, reverse engineer Software. Software is not designed or
-licensed for use in on-line control of aircraft, air traffic, aircraft
-navigation or aircraft communications; or in the design, construction,
-operation or maintenance of any nuclear facility. You warrant that
-you will not use Software for these purposes. No right, title or
-interest in or to any trademark, service mark, logo or trade name of
-Sun or its licensors is granted under this Agreement.
-
-3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
-(90) days from the date of purchase, as evidenced by a copy of the
-receipt, the media on which Software is furnished (if any) will be
-free of defects in materials and workmanship under normal use. Except
-for the foregoing, Software is provided "AS IS". Your exclusive
-remedy and Sun's entire liability under this limited warranty will be
-at Sun's option to replace Software media or refund the fee paid for
-Software.
-
-4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
-ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
-INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
-PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO
-THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
-
-5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW,
-IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
-PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL
-OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
-LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO
-USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
-DAMAGES. In no event will Sun's liability to you, whether in
-contract, tort (including negligence), or otherwise, exceed the amount
-paid by you for Software under this Agreement. The foregoing
-limitations will apply even if the above stated warranty fails of its
-essential purpose.
-
-6. Termination. This Agreement is effective until terminated. You
-may terminate this Agreement at any time by destroying all copies of
-Software. This Agreement will terminate immediately without notice
-from Sun if you fail to comply with any provision of this Agreement.
-Upon Termination, you must destroy all copies of Software.
-
-7. Export Regulations. All Software and technical data delivered
-under this Agreement are subject to US export control laws and may be
-subject to export or import regulations in other countries. You agree
-to comply strictly with all such laws and regulations and acknowledge
-that you have the responsibility to obtain such licenses to export,
-re-export, or import as may be required after delivery to you.
-
-8. U.S. Government Restricted Rights. Use, duplication, or
-disclosure by the U.S. Government is subject to restrictions set forth
-in this Agreement and as provided in DFARS 227.7202-1 (a) and
-227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR
-12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT
-III) (June 1987), as applicable.
-
-9. Governing Law. Any action related to this Agreement will be
-governed by California law and controlling U.S. federal law. No
-choice of law rules of any jurisdiction will apply.
-
-10. Severability. If any provision of this Agreement is held to be
-unenforceable, This Agreement will remain in effect with the provision
-omitted, unless omission would frustrate the intent of the parties, in
-which case this Agreement will immediately terminate.
-
-11. Integration. This Agreement is the entire agreement between you
-and Sun relating to its subject matter. It supersedes all prior or
-contemporaneous oral or written communications, proposals,
-representations and warranties and prevails over any conflicting or
-additional terms of any quote, order, acknowledgment, or other
-communication between the parties relating to its subject matter
-during the term of this Agreement. No modification of this Agreement
-will be binding, unless in writing and signed by an authorized
-representative of each party.
-
-For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
-Road, Palo Alto, California 94303
-
- JAVA(TM) 2 SDK, STANDARD EDITION, VERSION 1.2.2
- SUPPLEMENTAL LICENSE TERMS
-
-These supplemental terms ("Supplement") add to the terms of the Binary
-Code License Agreement ("Agreement"). Capitalized terms not defined
-herein shall have the same meanings ascribed to them in the Agreement.
-The Supplement terms shall supersede any inconsistent or conflicting
-terms in the Agreement.
-
-1. Limited License Grant. Sun grants to you a non-exclusive,
-non-transferable limited license to use the Software without fee for
-evaluation of the Software and for development of Java(TM) applets and
-applications provided that you: (i) may not re-distribute the Software
-in whole or in part, either separately or included with a
-product. (ii) may not create, or authorize your licensees to create
-additional classes, interfaces, or subpackages that are contained in
-the "java" or "sun" packages or similar as specified by Sun in any
-class file naming convention; and (iii) agree to the extent Programs
-are developed which utilize the Windows 95/98 style graphical user
-interface or components contained therein, such applets or
-applications may only be developed to run on a Windows 95/98 or
-Windows NT platform. Refer to the Java 2 Runtime Environment Version
-1.2.2 binary code license
-(http://java.sun.com/products/jdk/1.2/jre/LICENSE) for the availability
-of runtime code which may be distributed with Java applets and
-applications.
-
-2. Java Platform Interface. In the event that Licensee creates an
-additional API(s) which: (i) extends the functionality of a
-Java Environment; and, (ii) is exposed to third party software
-developers for the purpose of developing additional software which
-invokes such additional API, Licensee must promptly publish broadly an
-accurate specification for such API for free use by all developers.
-
-3. Trademarks and Logos. This Agreement does not authorize Licensee to
-use any Sun name, trademark or logo. Licensee acknowledges as between
-it and Sun that Sun owns the Java trademark and all Java-related
-trademarks, logos and icons including the Coffee Cup and Duke ("Java
-Marks") and agrees to comply with the Java Trademark Guidelines at
-http://java.sun.com/trademarks.html.
-
-4. High Risk Activities. Notwithstanding Section 2, with respect to
-high risk activities, the following language shall apply: the Software
-is not designed or intended for use in on-line control of aircraft,
-air traffic, aircraft navigation or aircraft communications; or in the
-design, construction, operation or maintenance of any nuclear
-facility. Sun disclaims any express or implied warranty of fitness for
-such uses.
-
-5. Source Code. Software may contain source code that is provided
-solely for reference purposes pursuant to the terms of this Agreement.
+SUN COMMUNITY SOURCE LICENSE
+Version 2.3
+(Rev. Date February 22, 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 limited 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.1.3.1 as described on the Technology Download Site.
+
+
+
+ATTACHMENT C
+
+INTERNAL DEPLOYMENT USE
+
+This Attachment C is only effective for the Technology specified in Attachment
+B, upon execution of Attachment D (Commercial Use License) including the
+requirement to pay royalties. In the event of a conflict between the terms of
+this Attachment C and Attachment D, the terms of Attachment D shall govern.
+
+1. Internal Deployment License Grant. Subject to Your compliance with
+Section 2 below, and Section 8.10 of the Research Use license; in addition to
+the Research Use license and the TCK license, Original Contributor grants to You
+a worldwide, non-exclusive license, to the extent of Original Contributor's
+Intellectual Property Rights covering the Original Code, Upgraded Code and
+Specifications, to do the following:
+
+a) reproduce and distribute internally, Original Code and Upgraded Code as
+part of Compliant Covered Code, and Specifications, for Internal Deployment Use,
+
+b) compile such Original Code and Upgraded Code, as part of Compliant
+Covered Code, and reproduce and distribute internally the same in Executable
+form for Internal Deployment Use, and
+
+c) reproduce and distribute internally, Reformatted Specifications for use
+in connection with Internal Deployment Use.
+
+ 2. Additional Requirements and Responsibilities. In addition to the
+requirements and responsibilities described under Section 3.1 of the Research
+Use license, and as a condition to exercising the rights granted under Section 3
+above, You agree to the following additional requirements and responsibilities:
+
+2.1 Compatibility. All Covered Code must be Compliant Covered Code prior to
+any Internal Deployment Use or Commercial Use, whether originating with You or
+acquired from a third party. Successful compatibility testing must be completed
+in accordance with the TCK License. If You make any further Modifications to any
+Covered Code previously determined to be Compliant Covered Code, You must ensure
+that it continues to be Compliant Covered Code.
+
+
+
+ATTACHMENT D
+COMMERCIAL USE LICENSE
+
+1. Effect. This Attachment D is effective only if signed below by You and
+Original Contributor, and applies to Your Commercial Use of Original Code and
+Upgraded Code.
+
+2. Term. Upon execution of this Attachment D by You and Original
+Contributor, this Commercial Use license shall have an initial term of 3 years
+and shall automatically renew for additional one year terms unless either party
+provides notice to the other no less than 60 days prior to an anniversary date.
+
+3. Commercial Use License Grant. Subject to Your compliance with Section 4
+below, Section 8.10 of the Research Use license, and the TCK license; in
+addition to the Research Use license, the TCK license, and the Internal
+Deployment Use license, Original Contributor grants to You a worldwide,
+non-exclusive, non-transferable license, to the extent of Original Contributor's
+Intellectual Property Rights covering the Original Code, Upgraded Code and
+Specifications, to do the following:
+
+a) reproduce and distribute Compliant Covered Code;
+
+b) compile Compliant Covered Code and reproduce and distribute the same in
+Executable form through multiple tiers of distribution; and
+
+c) reproduce and distribute Reformatted Specifications in association with
+Compliant Covered Code.
+
+4. Additional Requirements and Responsibilities. In addition to the
+requirements and responsibilities specified in the Research Use license, the TCK
+license and the Internal Deployment license, and as a condition to exercising
+the rights granted in Section 3 above, You agree to the following additional
+requirements and responsibilities:
+
+a) Distribution of Source Code. Source Code of Compliant Covered Code may
+be distributed only to another Licensee of the same Technology.
+
+b) Distribution of Executable Code. You may distribute the Executable
+version(s) of Compliant Covered Code under a license of Your choice, which may
+contain terms different from this License, provided (i) that You are in
+compliance with the terms of this License, and (ii) You must make it absolutely
+clear that any terms which differ from this License are offered by You alone,
+not by Original Contributor or any other Contributor.
+
+c) Branding. Products integrating Compliant Covered Code used for
+Commercial Use must be branded with the Technology compliance logo under a
+separate trademark license required to be executed by You and Original
+Contributor concurrent with execution of this Attachment D.
+
+5. Indemnity/Limitation of Liability. The provisions of Section 7.1 of the
+Research Use license are superseded by the following:
+
+a) Your Indemnity Obligation. You hereby agree to defend, at Your expense,
+any legal proceeding brought against Original Contributor or any Licensee to the
+extent it is based on a claim: (i) that the use, reproduction or distribution of
+any of Your Error Corrections or Shared Modifications is an infringement of a
+third party trade secret or a copyright in a country that is a signatory to the
+Berne Convention; (ii) arising in connection with any representation, warranty,
+support, indemnity, liability or other license terms You may offer in connection
+with any Covered Code; or (iii) arising from Your Commercial Use of Covered
+Code, other than a claim covered by Section 5.b) below, or a patent claim based
+solely on Covered Code not provided by You. You will pay all damages costs and
+fees awarded by a court of competent jurisdiction, or such settlement amount
+negotiated by You, attributable to such claim.
+
+b) Original Contributor's Indemnity Obligation. Original Contributor will
+defend, at its expense, any legal proceeding brought against You, to the extent
+it is based on a claim that Your authorized Commercial Use of Original Code and
+Upgraded Code is an infringement of a third party trade secret or a copyright in
+a country that is a signatory to the Berne Convention, and will pay all damages
+costs and fees awarded by a court of competent jurisdiction, or such settlement
+amount negotiated by Original Contributor, attributable to such claim. The
+foregoing shall not apply to any claims of intellectual property infringement
+based upon the combination of code or documentation supplied by Original
+Contributor with code, technology or documentation from other sources.
+
+c) Right of Intervention. Original Contributor will have the right, but not
+the obligation, to defend You, at Original Contributor's expense, in connection
+with a claim that Your Commercial Use of Original Code and Upgraded Code is an
+infringement of a third party patent and will, if Original Contributor chooses
+to defend You, pay all damages costs and fees awarded by a court of competent
+jurisdiction, or such settlement amount negotiated by Original Contributor,
+attributable to such claim.
+
+d) Prerequisites. Under Sections 5.b) and c) above, You must, and under
+Section 5.a) above, Original Contributor or any Licensee must: (i) provide
+notice of the claim promptly to the party providing an indemnity; (ii) give the
+indemnifying party sole control of the defense and settlement of the claim;
+(iii) provide the indemnifying party, at indemnifying party's expense, all
+available information, assistance and authority to defend; and (iv) not have
+compromised or settled such claim or proceeding without the indemnifying party's
+prior written consent.
+
+e) Additional Remedies. Should any Original Code, Upgraded Code, TCK,
+Specifications, or Modifications become, or in the indemnifying party's opinion
+be likely to become, the subject of a claim of infringement for which indemnity
+is provided above, the indemnifying party may, at its sole option, attempt to
+procure on reasonable terms the rights necessary for the indemnified party to
+exercise its license rights under this License with respect to the infringing
+items, or to modify the infringing items so that they are no longer infringing
+without substantially impairing their function or performance. If the
+indemnifying party is unable to do the foregoing after reasonable efforts, then
+the indemnifying party may send a notice of such inability to the indemnified
+party together with a refund of any license fees received by the indemnifying
+party from the indemnified party for the infringing items applicable to the
+indemnified party's future use or distribution of such infringing items, in
+which case the indemnifying party will not be liable for any damages resulting
+from infringing activity with respect to the infringing items occurring after
+such notice and refund.
+
+6. Support Programs.
+
+Support to You. Technical support is not provided to You by Original Contributor
+under this License. You may contract for one or more support programs from
+Original Contributor relating to the Technology which are described on the SCSL
+Webpage.
+
+Customer Support. You are responsible for providing technical and maintenance
+support services to Your customers for Your products and services incorporating
+the Compliant Covered code.
+
+7. Royalties and Payments.
+
+Technology specified in Attachment B.
+
+
+Field of Use:____________________
+
+Royalty per Unit $_______________
+
+
+b) Royalty Payments. Payment of royalties shall be made quarterly, shall be
+due thirty (30) days following the end of the calendar quarter to which they
+relate and shall be submitted with a written statement documenting the basis for
+the royalty calculation.
+
+c) Taxes. All payments required by this License shall be made in United
+States dollars, are exclusive of taxes, and Licensee agrees to bear and be
+responsible for the payment of all such taxes, including, but not limited to,
+all sales, use, rental receipt, personal property or other taxes and their
+equivalents which may be levied or assessed in connection with this License
+(excluding only taxes based on Original Contributor's net income). To the extent
+Licensee is required to withhold taxes based upon Original Contributor's income
+in any country, You agree to provide Original Contributor with written evidence
+of such withholding, suitable for Original Contributor to obtain a tax credit in
+the United States.
+
+d) Records. You agree to maintain account books and records consistent with
+Generally Accepted Accounting Principles appropriate to Your domicile, as may be
+in effect from time to time, sufficient to allow the correctness of the
+royalties required to be paid pursuant to this License to be determined.
+
+e) Audit Rights. Original Contributor shall have the right to audit such
+accounts upon reasonable prior notice using an independent auditor of Original
+Contributor's choice (the "Auditor"). The Auditor shall be bound to keep
+confidential the details of Your business affairs and to limit disclosure of the
+results of any audit to the sufficiency of the accounts and the amount, if any,
+of a payment adjustment that should be made. Such audits shall not occur more
+than once each year (unless discrepancies are discovered in excess of the five
+percent (5%) threshold set forth in Section 7.f) below, in which case two
+consecutive quarters per year may be audited). Except as set forth in Section
+7.f) below, Original Contributor shall bear all costs and expenses associated
+with the exercise of its rights to audit.
+
+f) Payment Errors. In the event that any errors in payments shall be
+determined, such errors shall be corrected by appropriate adjustment in payment
+for the quarterly period during which the error is discovered. In the event of
+an underpayment of more than five percent (5%) of the proper amount owed, upon
+such underpayment being properly determined by the Auditor, You agree to
+reimburse Original Contributor the amount of the underpayment and all reasonable
+costs and expenses associated with the exercise of its rights to audit, and
+interest on the overdue amount at the maximum allowable interest rate from the
+date of accrual of such obligation.
+
+8. Notice of Breach or Infringement. Each party shall notify the other
+immediately in writing when it becomes aware of any breach or violation of the
+terms of this License, or when You become aware of any potential or actual
+infringement by a third party of the Technology or Sun's Intellectual Property
+Rights therein.
+
+9. Proprietary Rights Notices. You may not remove any copyright notices,
+trademark notices or other proprietary legends of Original Contributor or its
+suppliers contained on or in the Original Code, Upgraded Code and
+Specifications.
+
+10. Notices. All written notices required by this License must be delivered
+in person or by means evidenced by a delivery receipt and will be effective upon
+receipt by the persons at the addresses specified below.
+
+
+Original Contributor: You:
+
+Sun Microsystems, Inc. _____________________________
+
+901 San Antonio Road ______________________________
+
+Palo Alto, California 94303 ______________________________
+
+Attn.: VP, Sun Software and
+Technology Sales ______________________________
+
+cc: Sun Software and Technology,
+General Counsel
+
+11. Disclaimer of Agency. The relationship created hereby is that of
+licensor and licensee and the parties hereby acknowledge and agree that nothing
+herein shall be deemed to constitute You as a franchisee of Original
+Contributor. You hereby waive the benefit of any state or federal statutes
+dealing with the establishment and regulation of franchises.
+
+ Agreed:
+
+You: Original Contributor:
+
+_____________________________ Sun Microsystems, Inc.
+(Your Name)
+
+By:__________________________ By:________________________
+
+Name:________________________ Name:______________________
+
+Title_________________________ Title:_____________________
+
+Date:_________________________ Date:______________________
+
+
+
+
+ATTACHMENT E
+TECHNOLOGY COMPATIBILITY KIT
+
+The following license is effective for the Java(tm)2 SDK Version 1.3.1
+Technology Compatibility Kit only upon execution of a separate support agreement
+between You and Original Contributor (subject to an annual fee) as described on
+the SCSL Webpage. The Technology Compatibility Kit for the Technology specified
+in Attachment B may be accessed at the Technology Download Site only upon
+execution of the support agreement.
+
+1. TCK License.
+
+a) Subject to the restrictions set forth in Section 1.b below and Section
+8.10 of the Research Use license, in addition to the Research Use license,
+Original Contributor grants to You a worldwide, non-exclusive, non-transferable
+license, to the extent of Original Contributor's Intellectual Property Rights in
+the TCK (without the right to sublicense), to use the TCK to develop and test
+Covered Code.
+
+b) TCK Use Restrictions. You are not authorized to create derivative works
+of the TCK or use the TCK to test any implementation of the Specification that
+is not Covered Code. You may not publish Your test results or make claims of
+comparative compatibility with respect to other implementations of the
+Specification. In consideration for the license grant in Section 1.a above You
+agree not to develop Your own tests which are intended to validate conformation
+with the Specification.
+
+2. Requirements for Determining Compliance.
+
+2.1 Definitions.
+
+a) "Added Value" means code which:
+
+ (i) has a principal purpose which is substantially different from
+that of the stand-alone Technology;
+
+ (ii) represents a significant functional and value enhancement to the
+Technology;
+
+ (iii) operates in conjunction with the Technology; and
+
+ (iv) is not marketed as a technology which replaces or substitutes
+for the Technology.
+
+b) “"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.
+