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SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Feb.
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23, 1999)
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RECITALS
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Original Contributor has developed Specifications and Source
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Code implementations of certain Technology; and
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Original Contributor desires to license the Technology to a
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large community to facilitate research, innovation and
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product development while maintaining compatibility of such
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products with the Technology as delivered by Original
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Contributor; and
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Original Contributor desires to license certain Sun
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Trademarks for the purpose of branding products that are
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compatible with the relevant Technology delivered by
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Original Contributor; and
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You desire to license the Technology and possibly certain
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Sun Trademarks from Original Contributor on the terms and
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conditions specified in this License.
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In consideration for the mutual covenants contained herein,
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You and Original Contributor agree as follows:
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AGREEMENT
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1. Introduction. The Sun Community Source License and
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effective attachments ("License") may include five distinct
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licenses: Research Use, TCK, Internal Deployment Use,
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Commercial Use and Trademark License. The Research Use
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license is effective when You click and accept this License.
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The TCK and Internal Deployment Use licenses are effective
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when You click and accept this License, unless otherwise
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specified in the TCK and Internal Deployment Use
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attachments. The Commercial Use and Trademark licenses must
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be signed by You and Original Contributor in order to become
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effective. Once effective, these licenses and the
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associated requirements and responsibilities are cumulative.
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Capitalized terms used in this License are defined in the
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Glossary.
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2. License Grants.
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2.1 Original Contributor Grant. Subject to Your compliance
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with Sections 3, 8.10 and Attachment A of this License,
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Original Contributor grants to You a worldwide,
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royalty-free, non-exclusive license, to the extent of
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Original Contributor's Intellectual Property Rights covering
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the Original Code, Upgraded Code and Specifications, to do
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the following:
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a) Research Use License:
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(i) use, reproduce and modify the Original Code, Upgraded
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Code and Specifications to create Modifications and
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Reformatted Specifications for Research Use by You,
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(ii) publish and display Original Code, Upgraded Code and
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Specifications with, or as part of Modifications, as
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permitted under Section 3.1 b) below,
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(iii) reproduce and distribute copies of Original Code and
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Upgraded Code to Licensees and students for Research Use by
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You,
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(iv) compile, reproduce and distribute Original Code and
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Upgraded Code in Executable form, and Reformatted
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Specifications to anyone for Research Use by You.
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b) Other than the licenses expressly granted in this
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License, Original Contributor retains all right, title, and
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interest in Original Code and Upgraded Code and
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Specifications.
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2.2 Your Grants.
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a) To Other Licensees. You hereby grant to each Licensee a
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license to Your Error Corrections and Shared Modifications,
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of the same scope and extent as Original Contributor's
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licenses under Section 2.1 a) above relative to Research
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Use, Attachment C relative to Internal Deployment Use, and
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Attachment D relative to Commercial Use.
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b) To Original Contributor. You hereby grant to Original
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Contributor a worldwide, royalty-free, non-exclusive,
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perpetual and irrevocable license, to the extent of Your
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Intellectual Property Rights covering Your Error
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Corrections, Shared Modifications and Reformatted
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Specifications, to use, reproduce, modify, display and
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distribute Your Error Corrections, Shared Modifications and
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Reformatted Specifications, in any form, including the right
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to sublicense such rights through multiple tiers of
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distribution.
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c) Other than the licenses expressly granted in Sections 2.2
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a) and b) above, and the restriction set forth in Section
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3.1 d)(iv) below, You retain all right, title, and interest
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in Your Error Corrections, Shared Modifications and
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Reformatted Specifications.
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2.3 Contributor Modifications. You may use, reproduce,
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modify, display and distribute Contributor Error
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Corrections, Shared Modifications and Reformatted
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Specifications, obtained by You under this License, to the
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same scope and extent as with Original Code, Upgraded Code
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and Specifications.
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2.4 Subcontracting. You may deliver the Source Code of
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Covered Code to other Licensees having at least a Research
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Use license, for the sole purpose of furnishing development
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services to You in connection with Your rights granted in
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this License. All such Licensees must execute appropriate
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documents with respect to such work consistent with the
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terms of this License, and acknowledging their
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work-made-for-hire status or assigning exclusive right to
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the work product and associated Intellectual Property Rights
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to You.
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3. Requirements and Responsibilities. 3.1 Research Use
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License. As a condition of exercising the rights granted
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under Section 2.1 a) above, You agree to comply with the
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following:
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a) Your Contribution to the Community. All Error
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Corrections and Shared Modifications which You create or
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contribute to are automatically subject to the licenses
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granted under Section 2.2 above. You are encouraged to
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license all of Your other Modifications under Section 2.2 as
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Shared Modifications, but are not required to do so. You
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agree to notify Original Contributor of any errors in the
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Specification.
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b) Source Code Availability. You agree to provide all Your
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Error Corrections to Original Contributor as soon as
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reasonably practicable and, in any event, prior to Internal
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Deployment Use or Commercial Use, if applicable. Original
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Contributor may, at its discretion, post Source Code for
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Your Error Corrections and Shared Modifications on the
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Community Webserver. You may also post Error Corrections
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and Shared Modifications on a web-server of Your choice;
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provided, that You must take reasonable precautions to
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ensure that only Licensees have access to such Error
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Corrections and Shared Modifications. Such precautions
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shall include, without limitation, a password protection
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scheme limited to Licensees and a click-on, download
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certification of Licensee status required of those
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attempting to download from the server. An example of an
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acceptable certification is attached as Attachment A-2.
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c) Notices. All Error Corrections and Shared Modifications
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You create or contribute to must include a file documenting
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the additions and changes You made and the date of such
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additions and changes. You must also include the notice set
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forth in Attachment A-1 in the file header. If it is not
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possible to put the notice in a particular Source Code file
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due to its structure, then You must include the notice in a
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location (such as a relevant directory file), where a
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recipient would be most likely to look for such a notice.
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d) Redistribution.
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(i) Source. Covered Code may be distributed in Source Code
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form only to another Licensee (except for students as
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provided below). You may not offer or impose any terms on
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any Covered Code that alter the rights, requirements, or
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responsibilities of such Licensee. You may distribute
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Covered Code to students for use in connection with their
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course work and research projects undertaken at accredited
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educational institutions. Such students need not be
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Licensees, but must be given a copy of the notice set forth
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in Attachment A-3 and such notice must also be included in a
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file header or prominent location in the Source Code made
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available to such students.
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(ii) Executable. You may distribute Executable version(s)
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of Covered Code to Licensees and other third parties only
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for the purpose of evaluation and comment in connection with
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Research Use by You and under a license of Your choice, but
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which limits use of such Executable version(s) of Covered
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Code only to that purpose.
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(iii) Modified Class,Interface and Package Naming. In
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connection with Research Use by You only, You may use
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Original Contributor's class, interface and package names
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only to accurately reference or invoke the Source Code files
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You modify. Original Contributor grants to You a litmited
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license to the extent necessary for such purposes.
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(iv) You expressly agree that any distribution, in whole or
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in part, of Modifications developed by You shall only be
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done pursuant to the term and conditions of this License.
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e) Extensions.
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(i) Covered Code. You may not include any Source Code of
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Community Code in any Extensions;
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(ii) Publication. No later than the date on which You first
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distribute such Extension for Commercial Use, You must
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publish to the industry, on a non-confidential basis and
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free of all copyright restrictions with respect to
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reproduction and use, an accurate and current specification
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for any Extension. In addition, You must make available an
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appropriate test suite, pursuant to the same rights as the
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specification, sufficiently detailed to allow any third
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party reasonably skilled in the technology to produce
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implementations of the Extension compatible with the
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specification. Such test suites must be made available as
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soon as reasonably practicable but, in no event, later than
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ninety (90) days after Your first Commercial Use of the
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Extension. You must use reasonable efforts to promptly
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clarify and correct the specification and the test suite
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upon written request by Original Contributor.
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(iii) Open. You agree to refrain from enforcing any
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Intellectual Property Rights You may have covering any
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interface(s) of Your Extension, which would prevent the
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implementation of such interface(s) by Original Contributor
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or any Licensee. This obligation does not prevent You from
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enforcing any Intellectual Property Right You have that
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would otherwise be infringed by an implementation of Your
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Extension.
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(iv) Class, Interface and Package Naming. You may not add
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any packages, or any public or protected classes or
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interfaces with names that originate or might appear to
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originate from Original Contributor including, without
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limitation, package or class names which begin with "sun",
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"java", "javax", "jini", "net.jini", "com.sun" or their
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equivalents in any subsequent class, interface and/ or
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package naming convention adopted by Original Contributor.
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It is specifically suggested that You name any new packages
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using the "Unique Package Naming Convention" as described in
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"The Java Language Specification" by James Gosling, Bill
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Joy, and Guy Steele, ISBN 0-201-63451-1, August 1996.
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Section 7.7 "Unique Package Names", on page 125 of this
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specification which states, in part:
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"You form a unique package name by first having (or
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belonging to an organization that has) an Internet domain
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name, such as "sun.com". You then reverse the name,
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component by component, to obtain, in this example,
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"Com.sun", and use this as a prefix for Your package names,
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using a convention developed within Your organization to
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further administer package names."
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3.2 Additional Requirements and Responsibilities. Any
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additional requirements and responsibilities relating to the
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Technology are listed in Attachment F (Additional
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Requirements and Responsibilities), if applicable, and are
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hereby incorporated into this Section 3.
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4. Versions of the License.
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4.1 License Versions. Original Contributor may publish
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revised versions of the License from time to time. Each
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version will be given a distinguishing version number.
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4.2 Effect. Once a particular version of Covered Code has
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been provided under a version of the License, You may always
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continue to use such Covered Code under the terms of that
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version of the License. You may also choose to use such
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Covered Code under the terms of any subsequent version of
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the License. No one other than Original Contributor has the
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right to promulgate License versions.
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5. Disclaimer of Warranty.
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5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS,"
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
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CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE
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RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED
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CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO
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THIS DISCLAIMER.
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5.2 You acknowledge that Original Code, Upgraded Code and
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Specifications are not designed or intended for use in (i)
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on-line control of aircraft, air traffic, aircraft
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navigation or aircraft communications; or (ii) in the
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design, construction, operation or maintenance of any
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nuclear facility. Original Contributor disclaims any
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express or implied warranty of fitness for such uses.
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6. Termination.
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6.1 By You. You may terminate this Research Use license at
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anytime by providing written notice to Original Contributor.
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6.2 By Original Contributor. This License and the rights
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granted hereunder will terminate:
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(i) automatically if You fail to comply with the terms of
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this License and fail to cure such breach within 30 days of
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receipt of written notice of the breach;
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(ii) immediately in the event of circumstances specified in
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Sections 7.1 and 8.4; or
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(iii) at Original Contributor's discretion upon any action
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initiated in the first instance by You alleging that use or
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distribution by Original Contributor or any Licensee, of
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Original Code, Upgraded Code, Error Corrections or Shared
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Modifications contributed by You, or Specifications,
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infringe a patent owned or controlled by You.
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6.3 Effective of Termination. Upon termination, You agree
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to discontinue use and return or destroy all copies of
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Covered Code in your possession. All sublicenses to the
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Covered Code which you have properly granted shall survive
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any termination of this License. Provisions which, by their
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nature, should remain in effect beyond the termination of
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this License shall survive including, without limitation,
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Sections 2.2, 3, 5, 7 and 8.
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6.4 Each party waives and releases the other from any claim
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to compensation or indemnity for permitted or lawful
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termination of the business relationship established by this
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License.
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7. Liability.
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7.1 Infringement. Should any of the Original Code, Upgraded
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Code, TCK or Specifications ("Materials") become the subject
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of a claim of infringement, Original Contributor may, at its
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sole option, (i) attempt to procure the rights necessary for
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You to continue using the Materials, (ii) modify the
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Materials so that they are no longer infringing, or (iii)
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terminate Your right to use the Materials, immediately upon
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written notice, and refund to You the amount, if any, having
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then actually been paid by You to Original Contributor for
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the Original Code, Upgraded Code and TCK, depreciated on a
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straight line, five year basis.
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7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY
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APPLICABLE LAW, ORIGINAL CONTRIBUTOR's LIABILITY TO YOU FOR
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CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN
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TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE
|
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AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL
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CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE
|
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PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO
|
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EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR
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ERROR CORRECTIONS) OR SUN BE LIABLE FOR ANY INDIRECT,
|
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PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
|
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CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING,
|
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WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER
|
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ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF
|
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LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT
|
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LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
|
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WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED
|
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OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
|
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FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
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|
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8. Miscellaneous.
|
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8.1 Trademark. You agree to comply with the then current
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Sun Trademark & Logo Usage Requirements accessible through
|
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the SCSL Webpage. Except as expressly provided in the
|
| 364 |
License, You are granted no right, title or license to, or
|
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interest in, any Sun Trademarks. You agree not to (i)
|
| 366 |
challenge Original Contributor's ownership or use of Sun
|
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Trademarks; (ii) attempt to register any Sun Trademarks, or
|
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any mark or logo substantially similar thereto; or (iii)
|
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incorporate any Sun Trademarks into your own trademarks,
|
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product names, service marks, company names, or domain
|
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names.
|
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|
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8.2 Integration. This License represents the complete
|
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agreement concerning the subject matter hereof.
|
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|
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8.3 Assignment. Original Contributor may assign this
|
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License, and its rights and obligations hereunder, in its
|
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sole discretion. You may assign the Research Use portions
|
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of this License to a third party upon prior written notice
|
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to Original Contributor (which may be provided via the
|
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Community Web-Server). You may not assign the Commercial
|
| 382 |
Use license or TCK license, including by way of merger
|
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(regardless of whether You are the surviving entity) or
|
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acquisition, without Original Contributor's prior written
|
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consent.
|
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|
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8.4 Severability. If any provision of this License is held
|
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to be unenforceable, such provision shall be reformed only
|
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to the extent necessary to make it enforceable.
|
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Notwithstanding the foregoing, if You are prohibited by law
|
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from fully and specifically complying with Sections 2.2 or
|
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3, this License will immediately terminate and You must
|
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immediately discontinue any use of Covered Code.
|
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|
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8.5 Governing Law. This License shall be governed by the
|
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laws of the United States and the State of California, as
|
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applied to contracts entered into and to be performed in
|
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California between California residents. The application of
|
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the United Nations Convention on Contracts for the
|
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International Sale of Goods is expressly excluded.
|
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|
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8.6 Dispute Resolution.
|
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|
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a) Any dispute arising out of or relating to this License
|
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shall be finally settled by arbitration as set out herein,
|
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except that either party may bring any action, in a court of
|
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competent jurisdiction (which jurisdiction shall be
|
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exclusive), with respect to any dispute relating to such
|
| 409 |
party's Intellectual Property Rights or with respect to Your
|
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compliance with the TCK license. Arbitration shall be
|
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administered: (i) by the American Arbitration Association
|
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(AAA), (ii) in accordance with the rules of the United
|
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Nations Commission on International Trade Law (UNCITRAL)
|
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(the "Rules") in effect at the time of arbitration as
|
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modified herein; and (iii) the arbitrator will apply the
|
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substantive laws of California and United States. Judgement
|
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upon the award rendered by the arbitrator may be entered in
|
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any court having jurisdiction to enforce such award.
|
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|
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b) All arbitration proceedings shall be conducted in English
|
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by a single arbitrator selected in accordance with the
|
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Rules, who must be fluent in English and be either a
|
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retired judge or practicing attorney having at least ten
|
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(10) years litigation experience and be reasonably familiar
|
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with the technology matters relative to the dispute.
|
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Unless otherwise agreed, arbitration venue shall be in
|
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London, Tokyo, or San Francisco, whichever is closest to
|
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defendant's principal business office. The arbitrator may
|
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award monetary damages only and nothing shall preclude
|
| 430 |
either party from seeking provisional or emergency relief
|
| 431 |
from a court of competent jurisdiction. The arbitrator
|
| 432 |
shall have no authority to award damages in excess of those
|
| 433 |
permitted in this License and any such award in excess is
|
| 434 |
void. All awards will be payable in U.S. dollars and may
|
| 435 |
include, for the prevailing party (i) pre-judgment award
|
| 436 |
interest, (ii) reasonable attorneys' fees incurred in
|
| 437 |
connection with the arbitration, and (iii) reasonable costs
|
| 438 |
and expenses incurred in enforcing the award. The
|
| 439 |
arbitrator will order each party to produce identified
|
| 440 |
documents and respond to no more than twenty-five single
|
| 441 |
question interrogatories.
|
| 442 |
|
| 443 |
8.7 Construction. Any law or regulation which provides that
|
| 444 |
the language of a contract shall be construed against the
|
| 445 |
drafter shall not apply to this License.
|
| 446 |
|
| 447 |
8.8 U.S. Government End Users. The Covered Code is a
|
| 448 |
"commercial item," as that term is defined in 48 C.F.R.
|
| 449 |
2.101 (Oct. 1995), consisting of "commercial computer
|
| 450 |
software" and "commercial computer software documentation,"
|
| 451 |
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
|
| 452 |
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
|
| 453 |
through 227.7202-4 (June 1995), all U.S. Government End
|
| 454 |
Users acquire Covered Code with only those rights set forth
|
| 455 |
herein. You agree to pass this notice to Your licensees.
|
| 456 |
|
| 457 |
8.9 Press Announcements. All press announcements relative
|
| 458 |
to the execution of this License must be reviewed and
|
| 459 |
approved by Original Contributor and You prior to release.
|
| 460 |
|
| 461 |
8.10 International Use.
|
| 462 |
|
| 463 |
a) Export/Import laws. Covered Code is subject to U.S.
|
| 464 |
export control laws and may be subject to export or import
|
| 465 |
regulations in other countries. Each party agrees to comply
|
| 466 |
strictly with all such laws and regulations and acknowledges
|
| 467 |
their responsibility to obtain such licenses to export,
|
| 468 |
re-export, or import as may be required. You agree to pass
|
| 469 |
these obligations to Your licensees.
|
| 470 |
|
| 471 |
b) Intellectual Property Protection. Due to limited
|
| 472 |
intellectual property protection and enforcement in certain
|
| 473 |
countries, You agree not to redistribute the Original Code,
|
| 474 |
Upgraded Code, TCK and Specifications to any country other
|
| 475 |
than the list of restricted countries on the SCSL Webpage.
|
| 476 |
|
| 477 |
8.11 Language. This License is in the English language
|
| 478 |
only, which language shall be controlling in all respects,
|
| 479 |
and all versions of this License in any other language shall
|
| 480 |
be for accommodation only and shall not be binding on the
|
| 481 |
parties to this License. All communications and notices
|
| 482 |
made or given pursuant to this License, and all
|
| 483 |
documentation and support to be provided, unless otherwise
|
| 484 |
noted, shall be in the English language.
|
| 485 |
|
| 486 |
PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY
|
| 487 |
CLICKING ON THE "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND
|
| 488 |
AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE WITH
|
| 489 |
SUN MICROSYSTEMS, INC. IF YOU ARE AGREEING TO THIS LICENSE
|
| 490 |
ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE
|
| 491 |
AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER
|
| 492 |
YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A
|
| 493 |
COMPANY, YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE
|
| 494 |
COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT MEET THIS
|
| 495 |
CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND
|
| 496 |
CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO
|
| 497 |
EXIT.
|
| 498 |
|
| 499 |
ACCEPT REJECT
|
| 500 |
|
| 501 |
|
| 502 |
|
| 503 |
|
| 504 |
|
| 505 |
|
| 506 |
|
| 507 |
|
| 508 |
|
| 509 |
|
| 510 |
GLOSSARY
|
| 511 |
|
| 512 |
1. "Commercial Use" means any use (excluding Internal
|
| 513 |
Deployment Use) or distribution, directly or indirectly of
|
| 514 |
Compliant Covered Code by You to any third party, alone or
|
| 515 |
bundled with any other software or hardware, for direct or
|
| 516 |
indirect commercial or strategic gain or advantage, subject
|
| 517 |
to execution of Attachment D by You and Original
|
| 518 |
Contributor.
|
| 519 |
|
| 520 |
2. "Community Code" means the Original Code, Upgraded Code,
|
| 521 |
Error Corrections, Shared Modifications, or any combination
|
| 522 |
thereof.
|
| 523 |
|
| 524 |
3. "Community Webserver(s)" means the webservers designated
|
| 525 |
by Original Contributor for posting Error Corrections and
|
| 526 |
Shared Modifications.
|
| 527 |
|
| 528 |
4. "Compliant Covered Code" means Covered Code that
|
| 529 |
complies with the requirements of the TCK.
|
| 530 |
|
| 531 |
5. "Contributor" means each Licensee that creates or
|
| 532 |
contributes to the creation of any Error Correction or
|
| 533 |
Shared Modification.
|
| 534 |
|
| 535 |
6. "Covered Code" means the Original Code, Upgraded Code,
|
| 536 |
Modifications, or any combination thereof.
|
| 537 |
|
| 538 |
7. "Error Correction" means any change made to Community
|
| 539 |
Code which conforms to the Specification and corrects the
|
| 540 |
adverse effect of a failure of Community Code to perform any
|
| 541 |
function set forth in or required by the Specifications.
|
| 542 |
|
| 543 |
7. "Executable" means Covered Code that has been converted
|
| 544 |
to a form other than Source Code.
|
| 545 |
|
| 546 |
9. "Extension(s)" means any additional classes or other
|
| 547 |
programming code and/or interfaces developed by or for You
|
| 548 |
which: (i) are designed for use with the Technology; (ii)
|
| 549 |
constitute an API for a library of computing functions or
|
| 550 |
services; and (iii) are disclosed to third party software
|
| 551 |
developers for the purpose of developing software which
|
| 552 |
invokes such additional classes or other programming code
|
| 553 |
and/or interfaces. The foregoing shall not apply to
|
| 554 |
software development by Your subcontractors to be
|
| 555 |
exclusively used by You.
|
| 556 |
|
| 557 |
10. "Intellectual Property Rights" means worldwide
|
| 558 |
statutory and common law rights associated solely with (i)
|
| 559 |
patents and patent applications; (ii) works of authorship
|
| 560 |
including copyrights, copyright applications, copyright
|
| 561 |
registrations and "moral rights"; (iii) the protection of
|
| 562 |
trade and industrial secrets and confidential information;
|
| 563 |
and (iv) divisions, continuations, renewals, and
|
| 564 |
re-issuances of the foregoing now existing or acquired in
|
| 565 |
the future.
|
| 566 |
|
| 567 |
11. "Internal Deployment Use" means use of Compliant
|
| 568 |
Covered Code (excluding Research Use) within Your business
|
| 569 |
or organization only by Your employees and/or agents,
|
| 570 |
subject to execution of Attachment C by You and Original
|
| 571 |
Contributor, if required.
|
| 572 |
|
| 573 |
12. "Licensee" means any party that has entered into and
|
| 574 |
has in effect a version of this License with Original
|
| 575 |
Contributor.
|
| 576 |
|
| 577 |
13. "Modification(s)" means (i) any change to Covered Code;
|
| 578 |
(ii) any new file or other representation of computer
|
| 579 |
program statements that contains any portion of Covered
|
| 580 |
Code; and/or (iii) any new Source Code implementing any
|
| 581 |
portion of the Specifications.
|
| 582 |
|
| 583 |
14. "Original Code" means the initial Source Code for the
|
| 584 |
Technology as described on the Technology Download Site.
|
| 585 |
|
| 586 |
15. "Original Contributor" means Sun Microsystems, Inc.,
|
| 587 |
its affiliates and its successors and assigns.
|
| 588 |
|
| 589 |
16. "Reformatted Specifications" means any revision to the
|
| 590 |
Specifications which translates or reformats the
|
| 591 |
Specifications (as for example in connection with Your
|
| 592 |
documentation) but which does not alter, subset or superset
|
| 593 |
the functional or operational aspects of the Specifications.
|
| 594 |
|
| 595 |
17. "Research Use" means use and distribution of Covered
|
| 596 |
Code only for Your research, development, educational or
|
| 597 |
personal and individual use, and expressly excludes Internal
|
| 598 |
Deployment Use and Commercial Use.
|
| 599 |
|
| 600 |
18. "SCSL Webpage" means the Sun Community Source license
|
| 601 |
webpage located at http://sun.com/software/communitysource,
|
| 602 |
or such other url that Sun may designate from time to time.
|
| 603 |
|
| 604 |
19. "Shared Modifications" means Modifications provided by
|
| 605 |
You, at Your option, pursuant to Section 2.2, or received by
|
| 606 |
You from a Contributor pursuant to Section 2.3.
|
| 607 |
|
| 608 |
20. "Source Code" means computer program statements written
|
| 609 |
in any high-level, readable form suitable for modification
|
| 610 |
and development.
|
| 611 |
|
| 612 |
21. "Specifications" means the specifications for the
|
| 613 |
Technology and other documentation, as designated on the
|
| 614 |
Technology Download Site, as may be revised by Original
|
| 615 |
Contributor from time to time.
|
| 616 |
|
| 617 |
22. "Sun Trademarks" means Original Contributor's SUN,
|
| 618 |
JAVA, and JINI trademarks and logos, whether now used or
|
| 619 |
adopted in the future. 23. "Technology" means the
|
| 620 |
technology described in Attachment B, and Upgrades.
|
| 621 |
|
| 622 |
24. "Technology Compatibility Kit" or "TCK" means the test
|
| 623 |
programs, procedures and/or other requirements, designated
|
| 624 |
by Original Contributor for use in verifying compliance of
|
| 625 |
Covered Code with the Specifications, in conjunction with
|
| 626 |
the Original Code and Upgraded Code. Original Contributor
|
| 627 |
may, in its sole discretion and from time to time, revise a
|
| 628 |
TCK to correct errors and/or omissions and in connection
|
| 629 |
with Upgrades.
|
| 630 |
|
| 631 |
25. "Technology Download Site" means the site(s) designated
|
| 632 |
by Original Contributor for access to the Original Code,
|
| 633 |
Upgraded Code, TCK and Specifications.
|
| 634 |
|
| 635 |
26. "Upgrade(s)" means new versions of Technology
|
| 636 |
designated exclusively by Original Contributor as an
|
| 637 |
"Upgrade" and released by Original Contributor from time to
|
| 638 |
time.
|
| 639 |
|
| 640 |
27. "Upgraded Code" means the Source Code for Upgrades,
|
| 641 |
possibly including Modifications made by Contributors.
|
| 642 |
|
| 643 |
28. "You(r)" means an individual, or a legal entity acting
|
| 644 |
by and through an individual or individuals, exercising
|
| 645 |
rights either under this License or under a future version
|
| 646 |
of this License issued pursuant to Section 4.1. For legal
|
| 647 |
entities, "You(r)" includes any entity that by majority
|
| 648 |
voting interest controls, is controlled by, or is under
|
| 649 |
common control with You.
|
| 650 |
|
| 651 |
ATTACHMENT A
|
| 652 |
|
| 653 |
REQUIRED NOTICES
|
| 654 |
|
| 655 |
|
| 656 |
ATTACHMENT A-1
|
| 657 |
|
| 658 |
REQUIRED IN ALL CASES
|
| 659 |
|
| 660 |
"The contents of this file, or the files included with this
|
| 661 |
file, are subject to the current version of Sun Community
|
| 662 |
Source License for [fill in name of applicable Technology]
|
| 663 |
(the "License"); You may not use this file except in
|
| 664 |
compliance with the License. You may obtain a copy of the
|
| 665 |
License at http://sun.com/software/communitysource. See the
|
| 666 |
License for the rights, obligations and limitations
|
| 667 |
governing use of the contents of the file.
|
| 668 |
|
| 669 |
|
| 670 |
The Original and Upgraded Code is [fill in name and version
|
| 671 |
of applicable Technology]. The developer of the Original
|
| 672 |
and Upgraded Code is Sun Microsystems, Inc. Sun
|
| 673 |
Microsystems, Inc. owns the copyrights in the portions it
|
| 674 |
created. All Rights Reserved.
|
| 675 |
|
| 676 |
|
| 677 |
Contributor(s):
|
| 678 |
_______________________________________________
|
| 679 |
|
| 680 |
Associated Test Suite(s) Location:
|
| 681 |
________________________________
|
| 682 |
|
| 683 |
|
| 684 |
|
| 685 |
ATTACHMENT A-2
|
| 686 |
|
| 687 |
SAMPLE LICENSEE CERTIFICATION
|
| 688 |
|
| 689 |
"By clicking the `Agree' button below, You certify that You
|
| 690 |
are a Licensee in good standing under the Sun Community
|
| 691 |
Source License, [fill in applicable Technology and Version]
|
| 692 |
("License") and that Your access, use and distribution of
|
| 693 |
code and information You may obtain at this site is subject
|
| 694 |
to the License."
|
| 695 |
|
| 696 |
|
| 697 |
|
| 698 |
ATTACHMENT A-3
|
| 699 |
|
| 700 |
REQUIRED STUDENT NOTIFICATION
|
| 701 |
|
| 702 |
"This software and related documentation has been obtained
|
| 703 |
by your educational institution subject to the Sun Community
|
| 704 |
Source License, [fill in applicable Technology]. You have
|
| 705 |
been provided access to the software and related
|
| 706 |
documentation for use only in connection with your course
|
| 707 |
work and research activities as a matriculated student of
|
| 708 |
your educational institution. Any other use is expressly
|
| 709 |
prohibited.
|
| 710 |
|
| 711 |
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY
|
| 712 |
MATERIAL OF SUN MICROSYSTEMS, INC, WHICH ARE PROTECTED BY
|
| 713 |
VARIOUS INTELLECTUAL PROPERTY RIGHTS.
|
| 714 |
|
| 715 |
You may not use this file except in compliance with the
|
| 716 |
License. You may obtain a copy of the License on the web at
|
| 717 |
http://sun.com/software/communitysource."
|
| 718 |
|
| 719 |
|
| 720 |
|
| 721 |
ATTACHMENT B
|
| 722 |
|
| 723 |
Java(tm) 2 SDK Technology
|
| 724 |
|
| 725 |
Description of "Technology"
|
| 726 |
|
| 727 |
Java(tm) 2 SDK Technology v.1.2 as described on the
|
| 728 |
Technology Download Site.
|
| 729 |
|
| 730 |
|
| 731 |
|
| 732 |
ATTACHMENT C
|
| 733 |
|
| 734 |
INTERNAL DEPLOYMENT USE
|
| 735 |
|
| 736 |
This Attachment C is only effective for the Technology
|
| 737 |
specified in Attachment B, upon execution of Attachment D
|
| 738 |
(Commercial Use License) including the requirement to pay
|
| 739 |
royalties. In the event of a conflict between the terms of
|
| 740 |
this Attachment C and Attachment D, the terms of Attachment
|
| 741 |
D shall govern.
|
| 742 |
|
| 743 |
1. Internal Deployment License Grant. Subject to Your
|
| 744 |
compliance with Section 2 below, and Section 8.10 of the
|
| 745 |
Research Use license; in addition to the Research Use
|
| 746 |
license and the TCK license, Original Contributor grants to
|
| 747 |
You a worldwide, non-exclusive license, to the extent of
|
| 748 |
Original Contributor's Intellectual Property Rights covering
|
| 749 |
the Original Code, Upgraded Code and Specifications, to do
|
| 750 |
the following:
|
| 751 |
|
| 752 |
a) reproduce and distribute internally, Original Code and
|
| 753 |
Upgraded Code as part of Compliant Covered Code, and
|
| 754 |
Specifications, for Internal Deployment Use,
|
| 755 |
|
| 756 |
b) compile such Original Code and Upgraded Code, as part of
|
| 757 |
Compliant Covered Code, and reproduce and distribute
|
| 758 |
internally the same in Executable form for Internal
|
| 759 |
Deployment Use, and
|
| 760 |
|
| 761 |
c) reproduce and distribute internally, Reformatted
|
| 762 |
Specifications for use in connection with Internal
|
| 763 |
Deployment Use.
|
| 764 |
|
| 765 |
2. Additional Requirements and Responsibilities. In
|
| 766 |
addition to the requirements and responsibilities described
|
| 767 |
under Section 3.1 of the Research Use license, and as a
|
| 768 |
condition to exercising the rights granted under Section 3
|
| 769 |
above, You agree to the following additional requirements
|
| 770 |
and responsibilities:
|
| 771 |
|
| 772 |
2.1 Compatibility. All Covered Code must be Compliant
|
| 773 |
Covered Code prior to any Internal Deployment Use or
|
| 774 |
Commercial Use, whether originating with You or acquired
|
| 775 |
from a third party. Successful compatibility testing must
|
| 776 |
be completed in accordance with the TCK License. If You
|
| 777 |
make any further Modifications to any Covered Code
|
| 778 |
previously determined to be Compliant Covered Code, you must
|
| 779 |
ensure that it continues to be Compliant Covered Code.
|
| 780 |
|
| 781 |
|
| 782 |
|
| 783 |
ATTACHMENT D COMMERCIAL USE LICENSE
|
| 784 |
|
| 785 |
1. Effect. This Attachment D is effective only if signed
|
| 786 |
below by You and Original Contributor, and applies to Your
|
| 787 |
Commercial Use of Original Code and Upgraded Code.
|
| 788 |
|
| 789 |
2. Term. Upon execution of this Attachment D by You and
|
| 790 |
Original Contributor, this Commercial Use license shall have
|
| 791 |
an initial term of 3 years and shall automatically renew for
|
| 792 |
additional one year terms unless either party provides
|
| 793 |
notice to the other no less than 60 days prior to an
|
| 794 |
anniversary date.
|
| 795 |
|
| 796 |
3. Commercial Use License Grant. Subject to Your
|
| 797 |
compliance with Section 4 below, Section 8.10 of the
|
| 798 |
Research Use license, and the TCK license; in addition to
|
| 799 |
the Research Use license, the TCK license, and the Internal
|
| 800 |
Deployment Use license, Original Contributor grants to You a
|
| 801 |
worldwide, non-exclusive, non-transferable license, to the
|
| 802 |
extent of Original Contributor's Intellectual Property
|
| 803 |
Rights covering the Original Code, Upgraded Code and
|
| 804 |
Specifications, to do the following:
|
| 805 |
|
| 806 |
a) reproduce and distribute Compliant Covered Code;
|
| 807 |
|
| 808 |
b) compile Compliant Covered Code and reproduce and
|
| 809 |
distribute the same in Executable form through multiple
|
| 810 |
tiers of distribution; and
|
| 811 |
|
| 812 |
c) reproduce and distribute Reformatted Specifications in
|
| 813 |
association with Compliant Covered Code.
|
| 814 |
|
| 815 |
4. Additional Requirements and Responsibilities. In
|
| 816 |
addition to the requirements and responsibilities specified
|
| 817 |
in the Research Use license, the TCK license and the
|
| 818 |
Internal Deployment license, and as a condition to
|
| 819 |
exercising the rights granted in Section 3 above, You agree
|
| 820 |
to the following additional requirements and
|
| 821 |
responsibilities:
|
| 822 |
|
| 823 |
a) Distribution of Source Code. Source Code of Compliant
|
| 824 |
Covered Code may be distributed only to another Licensee of
|
| 825 |
the same Technology.
|
| 826 |
|
| 827 |
b) Distribution of Executable Code. You may distribute the
|
| 828 |
Executable version(s) of Compliant Covered Code under a
|
| 829 |
license of Your choice, which may contain terms different
|
| 830 |
from this License, provided (i) that You are in compliance
|
| 831 |
with the terms of this License, and (ii) You must make it
|
| 832 |
absolutely clear that any terms which differ from this
|
| 833 |
License are offered by You alone, not by Original
|
| 834 |
Contributor or any other Contributor.
|
| 835 |
|
| 836 |
c) Branding. Products integrating Compliant Covered Code
|
| 837 |
used for Commercial Use must be branded with the Technology
|
| 838 |
compliance logo under a separate trademark license required
|
| 839 |
to be executed by You and Original Contributor concurrent
|
| 840 |
with execution of this Attachment D.
|
| 841 |
|
| 842 |
5. Indemnity/Limitation of Liability. The provisions of
|
| 843 |
Section 7.1 of the Research Use license are superseded by
|
| 844 |
the following:
|
| 845 |
|
| 846 |
a) Your Indemnity Obligation. You hereby agree to defend,
|
| 847 |
at Your expense, any legal proceeding brought against
|
| 848 |
Original Contributor or any Licensee to the extent it is
|
| 849 |
based on a claim: (i) that the use, reproduction or
|
| 850 |
distribution of any of Your Error Corrections or Shared
|
| 851 |
Modifications is an infringement of a third party trade
|
| 852 |
secret or a copyright in a country that is a signatory to
|
| 853 |
the Berne Convention; (ii) arising in connection with any
|
| 854 |
representation, warranty, support, indemnity, liability or
|
| 855 |
other license terms You may offer in connection with any
|
| 856 |
Covered Code; or (iii) arising from Your Commercial Use of
|
| 857 |
Covered Code, other than a claim covered by Section 5.b)
|
| 858 |
below, or a patent claim based solely on Covered Code not
|
| 859 |
provided by You. You will pay all damages costs and fees
|
| 860 |
awarded by a court of competent jurisdiction, or such
|
| 861 |
settlement amount negotiated by You, attributable to such
|
| 862 |
claim.
|
| 863 |
|
| 864 |
b) Original Contributor's Indemnity Obligation. Original
|
| 865 |
Contributor will defend, at its expense, any legal
|
| 866 |
proceeding brought against You, to the extent it is based on
|
| 867 |
a claim that Your authorized Commercial Use of Original Code
|
| 868 |
and Upgraded Code is an infringement of a third party trade
|
| 869 |
secret or a copyright in a country that is a signatory to
|
| 870 |
the Berne Convention, and will pay all damages costs and
|
| 871 |
fees awarded by a court of competent jurisdiction, or such
|
| 872 |
settlement amount negotiated by Original Contributor,
|
| 873 |
attributable to such claim. The foregoing shall not apply
|
| 874 |
to any claims of intellectual property infringement based
|
| 875 |
upon the combination of code or documentation supplied by
|
| 876 |
Original Contributor with code, technology or documentation
|
| 877 |
from other sources.
|
| 878 |
|
| 879 |
c) Right of Intervention. Original Contributor will have
|
| 880 |
the right, but not the obligation, to defend You, at
|
| 881 |
Original Contributor's expense, in connection with a claim
|
| 882 |
that Your Commercial Use of Original Code and Upgraded Code
|
| 883 |
is an infringement of a third party patent and will, if
|
| 884 |
Original Contributor chooses to defend You, pay all damages
|
| 885 |
costs and fees awarded by a court of competent jurisdiction,
|
| 886 |
or such settlement amount negotiated by Original
|
| 887 |
Contributor, attributable to such claim.
|
| 888 |
|
| 889 |
d) Prerequisites. Under Sections 5.b) and c) above, You
|
| 890 |
must, and under Section 5.a) above, Original Contributor or
|
| 891 |
any Licensee must: (i) provide notice of the claim promptly
|
| 892 |
to the party providing an indemnity; (ii) give the
|
| 893 |
indemnifying party sole control of the defense and
|
| 894 |
settlement of the claim; (iii) provide the indemnifying
|
| 895 |
party, at indemnifying party's expense, all available
|
| 896 |
information, assistance and authority to defend; and (iv)
|
| 897 |
not have compromised or settled such claim or proceeding
|
| 898 |
without the indemnifying party's prior written consent.
|
| 899 |
|
| 900 |
e) Additional Remedies. Should any Original Code, Upgraded
|
| 901 |
Code, TCK, Specifications, or Modifications become, or in
|
| 902 |
the indemnifying party's opinion be likely to become, the
|
| 903 |
subject of a claim of infringement for which indemnity is
|
| 904 |
provided above, the indemnifying party may, at its sole
|
| 905 |
option, attempt to procure on reasonable terms the rights
|
| 906 |
necessary for the indemnified party to exercise its license
|
| 907 |
rights under this License with respect to the infringing
|
| 908 |
items, or to modify the infringing items so that they are no
|
| 909 |
longer infringing without substantially impairing their
|
| 910 |
function or performance. If the indemnifying party is
|
| 911 |
unable to do the foregoing after reasonable efforts, then
|
| 912 |
the indemnifying party may send a notice of such inability
|
| 913 |
to the indemnified party together with a refund of any
|
| 914 |
license fees received by the indemnifying party from the
|
| 915 |
indemnified party for the infringing items applicable to the
|
| 916 |
indemnified party's future use or distribution of such
|
| 917 |
infringing items, in which case the indemnif ying party will
|
| 918 |
not be liable for any damages resulting from infringing
|
| 919 |
activity with respect to the infringing items occurring
|
| 920 |
after such notice and refund.
|
| 921 |
|
| 922 |
6. Support Programs.
|
| 923 |
|
| 924 |
Support to You. Technical support is not provided to You by
|
| 925 |
Original Contributor under this License. You may contract
|
| 926 |
for one or more support programs from Original Contributor
|
| 927 |
relating to the Technology which are described on the SCSL
|
| 928 |
Webpage.
|
| 929 |
|
| 930 |
Customer Support. You are responsible for providing
|
| 931 |
technical and maintenance support services to Your customers
|
| 932 |
for Your products and services incorporating the Compliant
|
| 933 |
Covered code.
|
| 934 |
|
| 935 |
7. Royalties and Payments.
|
| 936 |
|
| 937 |
Technology specified in Attachment B.
|
| 938 |
|
| 939 |
|
| 940 |
Field of Use:____________________
|
| 941 |
|
| 942 |
Royalty per Unit $_____________
|
| 943 |
|
| 944 |
|
| 945 |
b) Royalty Payments. Payment of royalties shall be made
|
| 946 |
quarterly, shall be due thirty (30) days following the end
|
| 947 |
of the calendar quarter to which they relate and shall be
|
| 948 |
submitted with a written statement documenting the basis for
|
| 949 |
the royalty calculation.
|
| 950 |
|
| 951 |
|
| 952 |
c) Taxes. All payments required by this License shall be
|
| 953 |
made in United States dollars, are exclusive of taxes, and
|
| 954 |
Licensee agrees to bear and be responsible for the payment
|
| 955 |
of all such taxes, including, but not limited to, all sales,
|
| 956 |
use, rental receipt, personal property or other taxes and
|
| 957 |
their equivalents which may be levied or assessed in
|
| 958 |
connection with this License (excluding only taxes based on
|
| 959 |
Original Contributor's net income). To the extent Licensee
|
| 960 |
is required to withhold taxes based upon Original
|
| 961 |
Contributor's income in any country, You agree to provide
|
| 962 |
Original Contributor with written evidence of such
|
| 963 |
withholding, suitable for Original Contributor to obtain a
|
| 964 |
tax credit in the United States.
|
| 965 |
|
| 966 |
d) Records. You agree to maintain account books and records
|
| 967 |
consistent with Generally Accepted Accounting Principles
|
| 968 |
appropriate to Your domicile, as may be in effect from time
|
| 969 |
to time, sufficient to allow the correctness of the
|
| 970 |
royalties required to be paid pursuant to this License to be
|
| 971 |
determined.
|
| 972 |
|
| 973 |
e) Audit Rights. Original Contributor shall have the right
|
| 974 |
to audit such accounts upon reasonable prior notice using an
|
| 975 |
independent auditor of Original Contributor's choice (the
|
| 976 |
"Auditor"). The Auditor shall be bound to keep confidential
|
| 977 |
the details of Your business affairs and to limit disclosure
|
| 978 |
of the results of any audit to the sufficiency of the
|
| 979 |
accounts and the amount, if any, of a payment adjustment
|
| 980 |
that should be made. Such audits shall not occur more than
|
| 981 |
once each year (unless discrepancies are discovered in
|
| 982 |
excess of the five percent (5%) threshold set forth in
|
| 983 |
Section 7.f) below, in which case two consecutive quarters
|
| 984 |
per year may be audited). Except as set forth in Section
|
| 985 |
7.f) below, Original Contributor shall bear all costs and
|
| 986 |
expenses associated with the exercise of its rights to
|
| 987 |
audit.
|
| 988 |
|
| 989 |
f) Payment Errors. In the event that any errors in payments
|
| 990 |
shall be determined, such errors shall be corrected by
|
| 991 |
appropriate adjustment in payment for the quarterly period
|
| 992 |
during which the error is discovered. In the event of an
|
| 993 |
underpayment of more than five percent (5%) of the proper
|
| 994 |
amount owed, upon such underpayment being properly
|
| 995 |
determined by the Auditor, You agree to reimburse Original
|
| 996 |
Contributor the amount of the underpayment and all
|
| 997 |
reasonable costs and expenses associated with the exercise
|
| 998 |
of its rights to audit, and interest on the overdue amount
|
| 999 |
at the maximum allowable interest rate from the date of
|
| 1000 |
accrual of such obligation.
|
| 1001 |
|
| 1002 |
8. Notice of Breach or Infringement. Each party shall
|
| 1003 |
notify the other immediately in writing when it becomes
|
| 1004 |
aware of any breach or violation of the terms of this
|
| 1005 |
License, or when You become aware of any potential or actual
|
| 1006 |
infringement by a third party of the Technology or Sun's
|
| 1007 |
Intellectual Property Rights therein.
|
| 1008 |
|
| 1009 |
9. Proprietary Rights Notices. You may not remove any
|
| 1010 |
copyright notices, trademark notices or other proprietary
|
| 1011 |
legends of Original Contributor or its suppliers contained
|
| 1012 |
on or in the Original Code, Upgraded Code and
|
| 1013 |
Specifications.
|
| 1014 |
|
| 1015 |
10. Notices. All written notices required by this License
|
| 1016 |
must be delivered in person or by means evidenced by a
|
| 1017 |
delivery receipt and will be effective upon receipt by the
|
| 1018 |
persons at the addresses specified below.
|
| 1019 |
|
| 1020 |
|
| 1021 |
Original Contributor: You:
|
| 1022 |
|
| 1023 |
Sun Microsystems, Inc. _____________________________
|
| 1024 |
|
| 1025 |
901 San Antonio Road ______________________________
|
| 1026 |
|
| 1027 |
Palo Alto, California 94303 ______________________________
|
| 1028 |
|
| 1029 |
Attn.: VP, Sun Software and Technology Sales
|
| 1030 |
______________________________
|
| 1031 |
|
| 1032 |
cc: Sun Software and Technology, General Counsel
|
| 1033 |
|
| 1034 |
11. Disclaimer of Agency. The relationship created hereby
|
| 1035 |
is that of licensor and licensee and the parties hereby
|
| 1036 |
acknowledge and agree that nothing herein shall be deemed to
|
| 1037 |
constitute You as a franchisee of Original Contributor. You
|
| 1038 |
hereby waive the benefit of any state or federal statutes
|
| 1039 |
dealing with the establishment and regulation of franchises.
|
| 1040 |
|
| 1041 |
Agreed:
|
| 1042 |
|
| 1043 |
You: Original Contributor:
|
| 1044 |
|
| 1045 |
_____________________________ Sun Microsystems, Inc.
|
| 1046 |
|
| 1047 |
(Your Name) By:________________________
|
| 1048 |
By:________________________
|
| 1049 |
|
| 1050 |
Title_________________________ Title:_____________________
|
| 1051 |
|
| 1052 |
Date:_________________________ Date:______________________
|
| 1053 |
|
| 1054 |
|
| 1055 |
|
| 1056 |
|
| 1057 |
ATTACHMENT E TECHNOLOGY COMPATIBILITY KIT
|
| 1058 |
|
| 1059 |
The following license is effective for the Java(tm)2 SDK
|
| 1060 |
Version 1.2 Technology Compatibility Kit only upon execution
|
| 1061 |
of a separate support agreement between You and Original
|
| 1062 |
Contributor (subject to an annual fee) as described on the
|
| 1063 |
SCSL Webpage. The Technology Compatibility Kit for the
|
| 1064 |
Technology specified in Attachment B may be accessed at the
|
| 1065 |
Technology Download Site only upon execution of the support
|
| 1066 |
agreement.
|
| 1067 |
|
| 1068 |
1. TCK License.
|
| 1069 |
|
| 1070 |
a) Subject to the restrictions set forth in Section 1.b
|
| 1071 |
below and Section 8.10 of the Research Use license, in
|
| 1072 |
addition to the Research Use license, Original Contributor
|
| 1073 |
grants to You a worldwide, non-exclusive, non-transferable
|
| 1074 |
license, to the extent of Original Contributor's
|
| 1075 |
Intellectual Property Rights in the TCK (without the right
|
| 1076 |
to sublicense), to use the TCK to develop and test Covered
|
| 1077 |
Code.
|
| 1078 |
|
| 1079 |
b) TCK Use Restrictions. You are not authorized to create
|
| 1080 |
derivative works of the TCK or use the TCK to test any
|
| 1081 |
implementation of the Specification that is not Covered
|
| 1082 |
Code. You may not publish your test results or make claims
|
| 1083 |
of comparative compatibility with respect to other
|
| 1084 |
implementations of the Specification. In consideration for
|
| 1085 |
the license grant in Section 1.a above you agree not to
|
| 1086 |
develop your own tests which are intended to validate
|
| 1087 |
conformation with the Specification.
|
| 1088 |
|
| 1089 |
2. Requirements for Determining Compliance.
|
| 1090 |
|
| 1091 |
2.1 Definitions.
|
| 1092 |
|
| 1093 |
a) "Added Value" means code which:
|
| 1094 |
|
| 1095 |
(i) has a principal purpose which is substantially different
|
| 1096 |
from that of the stand-alone Technology;
|
| 1097 |
|
| 1098 |
(ii) represents a significant functional and value
|
| 1099 |
enhancement to the Technology;
|
| 1100 |
|
| 1101 |
(iii) operates in conjunction with the Technology; and
|
| 1102 |
|
| 1103 |
(iv) is not marketed as a technology which replaces or
|
| 1104 |
substitutes for the Technology.
|
| 1105 |
|
| 1106 |
b) "Java Classes" means the specific class libraries
|
| 1107 |
associated with each Technology defined in Attachment B.
|
| 1108 |
|
| 1109 |
c) "Java Runtime Interpreter" means the program(s) which
|
| 1110 |
implement the Java virtual machine for the Technology as
|
| 1111 |
defined in the Specification.
|
| 1112 |
|
| 1113 |
d) "Platform Dependent Part" means those Original Code and
|
| 1114 |
Upgraded Code files of the Technology which are not in a
|
| 1115 |
"share" directory or subdirectory thereof.
|
| 1116 |
|
| 1117 |
e) "Shared Part" means those Original Code and Upgraded Code
|
| 1118 |
files of the Technology which are identified as "shared" (or
|
| 1119 |
words of similar meaning) or which are in any "share"
|
| 1120 |
directory or subdirectory thereof, except those files
|
| 1121 |
specifically designated by Original Contributor as
|
| 1122 |
modifiable.
|
| 1123 |
|
| 1124 |
f) "User's Guide" means the users guide for the TCK which
|
| 1125 |
Sun makes available to You to provide direction in how to
|
| 1126 |
run the TCK and properly interpret the results, as may be
|
| 1127 |
revised by Sun from time to time.
|
| 1128 |
|
| 1129 |
2.2 Development Restrictions. Compliant Covered Code:
|
| 1130 |
|
| 1131 |
a) must include Added Value;
|
| 1132 |
|
| 1133 |
b) must fully comply with the Specifications for the
|
| 1134 |
Technology specified in Attachment B;
|
| 1135 |
|
| 1136 |
c) must include the Shared Part, complete and unmodified;
|
| 1137 |
|
| 1138 |
d) may not modify the functional behavior of the Java
|
| 1139 |
Runtime Interpreter or the Java Classes;
|
| 1140 |
|
| 1141 |
e) may not modify, subset or superset the interfaces of the
|
| 1142 |
Java Runtime Interpreter or the Java Classes;
|
| 1143 |
|
| 1144 |
f) may not subset or superset the Java Classes; and
|
| 1145 |
|
| 1146 |
g) may not modify or extend the required public class or
|
| 1147 |
public interface declarations whose names begin with "java",
|
| 1148 |
"javax", "jini", "net.jini", "sun.hotjava", "COM.sun" or
|
| 1149 |
their equivalents in any subsequent naming convention.
|
| 1150 |
|
| 1151 |
2.3 Compatibility Testing. Successful compatibility testing
|
| 1152 |
must be completed by You, or at Original Contributor's
|
| 1153 |
option, a third party designated by Original Contributor, to
|
| 1154 |
conduct such tests, in accordance with the User's Guide, and
|
| 1155 |
using the most current version of the applicable TCK
|
| 1156 |
available from Original Contributor one hundred twenty (120)
|
| 1157 |
days (two hundred forty [240] days in the case of silicon
|
| 1158 |
implementations) prior to: (i) Your Internal Deployment
|
| 1159 |
Use; and (ii) each release of Compliant Covered Code by You
|
| 1160 |
for Commercial Use. In the event that You elect to use a
|
| 1161 |
version of Upgraded Code that is newer than that which is
|
| 1162 |
required under this Section 2.3, then You agree to pass the
|
| 1163 |
version of the TCK that corresponds to such newer version of
|
| 1164 |
Upgraded Code.
|
| 1165 |
|
| 1166 |
2.4 Test Results. You agree to provide to Original
|
| 1167 |
Contributor or the third party test facility if applicable,
|
| 1168 |
Your test results that demonstrate that Covered Code is
|
| 1169 |
Compliant Covered Code and that Original Contributor may
|
| 1170 |
publish or otherwise distribute such test results.
|
| 1171 |
|