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authorGreg Lewis <glewis@FreeBSD.org>2007-06-17 03:30:34 +0000
committerGreg Lewis <glewis@FreeBSD.org>2007-06-17 03:30:34 +0000
commit2b5c2cd81fa5a7698a5fa3a13c6ec5a63c4304e7 (patch)
treeed500b8d9b573b2f415f12a48d3015f39230f8cc /java
parente75ed8639da5711e5d2c78ee2ebc8a3d5cdd01ea (diff)
downloadports-2b5c2cd81fa5a7698a5fa3a13c6ec5a63c4304e7.tar.gz
ports-2b5c2cd81fa5a7698a5fa3a13c6ec5a63c4304e7.zip
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-SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Sept.
-29, 2004)
-
-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 Effect 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. Judgment
-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. 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.
diff --git a/java/jdk16/pkg-message b/java/jdk16/pkg-message
deleted file mode 100644
index 4a7be65b47d2..000000000000
--- a/java/jdk16/pkg-message
+++ /dev/null
@@ -1,1139 +0,0 @@
-SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Sept.
-29, 2004)
-
-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 Effect 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. Judgment
-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. 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.