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Revision 1.1 - (show annotations) (download)
Fri Aug 30 14:50:40 2002 UTC (11 years, 11 months ago) by prez
Branch: MAIN
CVS Tags: GENTOO_1_4_SNAP_2003010800, HEAD
Branch point for: RELEASE-1_4
Added the sun Community Source License.

1 SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Feb.
2 23, 1999)
3
4 RECITALS
5
6 Original Contributor has developed Specifications and Source
7 Code implementations of certain Technology; and
8
9 Original Contributor desires to license the Technology to a
10 large community to facilitate research, innovation and
11 product development while maintaining compatibility of such
12 products with the Technology as delivered by Original
13 Contributor; and
14
15 Original Contributor desires to license certain Sun
16 Trademarks for the purpose of branding products that are
17 compatible with the relevant Technology delivered by
18 Original Contributor; and
19
20 You desire to license the Technology and possibly certain
21 Sun Trademarks from Original Contributor on the terms and
22 conditions specified in this License.
23
24 In consideration for the mutual covenants contained herein,
25 You and Original Contributor agree as follows:
26
27 AGREEMENT
28
29 1. Introduction. The Sun Community Source License and
30 effective attachments ("License") may include five distinct
31 licenses: Research Use, TCK, Internal Deployment Use,
32 Commercial Use and Trademark License. The Research Use
33 license is effective when You click and accept this License.
34 The TCK and Internal Deployment Use licenses are effective
35 when You click and accept this License, unless otherwise
36 specified in the TCK and Internal Deployment Use
37 attachments. The Commercial Use and Trademark licenses must
38 be signed by You and Original Contributor in order to become
39 effective. Once effective, these licenses and the
40 associated requirements and responsibilities are cumulative.
41 Capitalized terms used in this License are defined in the
42 Glossary.
43
44 2. License Grants.
45
46 2.1 Original Contributor Grant. Subject to Your compliance
47 with Sections 3, 8.10 and Attachment A of this License,
48 Original Contributor grants to You a worldwide,
49 royalty-free, non-exclusive license, to the extent of
50 Original Contributor's Intellectual Property Rights covering
51 the Original Code, Upgraded Code and Specifications, to do
52 the following:
53
54 a) Research Use License:
55
56 (i) use, reproduce and modify the Original Code, Upgraded
57 Code and Specifications to create Modifications and
58 Reformatted Specifications for Research Use by You,
59
60 (ii) publish and display Original Code, Upgraded Code and
61 Specifications with, or as part of Modifications, as
62 permitted under Section 3.1 b) below,
63
64 (iii) reproduce and distribute copies of Original Code and
65 Upgraded Code to Licensees and students for Research Use by
66 You,
67
68 (iv) compile, reproduce and distribute Original Code and
69 Upgraded Code in Executable form, and Reformatted
70 Specifications to anyone for Research Use by You.
71
72 b) Other than the licenses expressly granted in this
73 License, Original Contributor retains all right, title, and
74 interest in Original Code and Upgraded Code and
75 Specifications.
76
77 2.2 Your Grants.
78
79 a) To Other Licensees. You hereby grant to each Licensee a
80 license to Your Error Corrections and Shared Modifications,
81 of the same scope and extent as Original Contributor's
82 licenses under Section 2.1 a) above relative to Research
83 Use, Attachment C relative to Internal Deployment Use, and
84 Attachment D relative to Commercial Use.
85
86 b) To Original Contributor. You hereby grant to Original
87 Contributor a worldwide, royalty-free, non-exclusive,
88 perpetual and irrevocable license, to the extent of Your
89 Intellectual Property Rights covering Your Error
90 Corrections, Shared Modifications and Reformatted
91 Specifications, to use, reproduce, modify, display and
92 distribute Your Error Corrections, Shared Modifications and
93 Reformatted Specifications, in any form, including the right
94 to sublicense such rights through multiple tiers of
95 distribution.
96
97 c) Other than the licenses expressly granted in Sections 2.2
98 a) and b) above, and the restriction set forth in Section
99 3.1 d)(iv) below, You retain all right, title, and interest
100 in Your Error Corrections, Shared Modifications and
101 Reformatted Specifications.
102
103 2.3 Contributor Modifications. You may use, reproduce,
104 modify, display and distribute Contributor Error
105 Corrections, Shared Modifications and Reformatted
106 Specifications, obtained by You under this License, to the
107 same scope and extent as with Original Code, Upgraded Code
108 and Specifications.
109
110 2.4 Subcontracting. You may deliver the Source Code of
111 Covered Code to other Licensees having at least a Research
112 Use license, for the sole purpose of furnishing development
113 services to You in connection with Your rights granted in
114 this License. All such Licensees must execute appropriate
115 documents with respect to such work consistent with the
116 terms of this License, and acknowledging their
117 work-made-for-hire status or assigning exclusive right to
118 the work product and associated Intellectual Property Rights
119 to You.
120
121 3. Requirements and Responsibilities. 3.1 Research Use
122 License. As a condition of exercising the rights granted
123 under Section 2.1 a) above, You agree to comply with the
124 following:
125
126 a) Your Contribution to the Community. All Error
127 Corrections and Shared Modifications which You create or
128 contribute to are automatically subject to the licenses
129 granted under Section 2.2 above. You are encouraged to
130 license all of Your other Modifications under Section 2.2 as
131 Shared Modifications, but are not required to do so. You
132 agree to notify Original Contributor of any errors in the
133 Specification.
134
135 b) Source Code Availability. You agree to provide all Your
136 Error Corrections to Original Contributor as soon as
137 reasonably practicable and, in any event, prior to Internal
138 Deployment Use or Commercial Use, if applicable. Original
139 Contributor may, at its discretion, post Source Code for
140 Your Error Corrections and Shared Modifications on the
141 Community Webserver. You may also post Error Corrections
142 and Shared Modifications on a web-server of Your choice;
143 provided, that You must take reasonable precautions to
144 ensure that only Licensees have access to such Error
145 Corrections and Shared Modifications. Such precautions
146 shall include, without limitation, a password protection
147 scheme limited to Licensees and a click-on, download
148 certification of Licensee status required of those
149 attempting to download from the server. An example of an
150 acceptable certification is attached as Attachment A-2.
151
152 c) Notices. All Error Corrections and Shared Modifications
153 You create or contribute to must include a file documenting
154 the additions and changes You made and the date of such
155 additions and changes. You must also include the notice set
156 forth in Attachment A-1 in the file header. If it is not
157 possible to put the notice in a particular Source Code file
158 due to its structure, then You must include the notice in a
159 location (such as a relevant directory file), where a
160 recipient would be most likely to look for such a notice.
161
162 d) Redistribution.
163
164 (i) Source. Covered Code may be distributed in Source Code
165 form only to another Licensee (except for students as
166 provided below). You may not offer or impose any terms on
167 any Covered Code that alter the rights, requirements, or
168 responsibilities of such Licensee. You may distribute
169 Covered Code to students for use in connection with their
170 course work and research projects undertaken at accredited
171 educational institutions. Such students need not be
172 Licensees, but must be given a copy of the notice set forth
173 in Attachment A-3 and such notice must also be included in a
174 file header or prominent location in the Source Code made
175 available to such students.
176
177 (ii) Executable. You may distribute Executable version(s)
178 of Covered Code to Licensees and other third parties only
179 for the purpose of evaluation and comment in connection with
180 Research Use by You and under a license of Your choice, but
181 which limits use of such Executable version(s) of Covered
182 Code only to that purpose.
183
184 (iii) Modified Class,Interface and Package Naming. In
185 connection with Research Use by You only, You may use
186 Original Contributor's class, interface and package names
187 only to accurately reference or invoke the Source Code files
188 You modify. Original Contributor grants to You a litmited
189 license to the extent necessary for such purposes.
190
191 (iv) You expressly agree that any distribution, in whole or
192 in part, of Modifications developed by You shall only be
193 done pursuant to the term and conditions of this License.
194
195 e) Extensions.
196
197 (i) Covered Code. You may not include any Source Code of
198 Community Code in any Extensions;
199
200 (ii) Publication. No later than the date on which You first
201 distribute such Extension for Commercial Use, You must
202 publish to the industry, on a non-confidential basis and
203 free of all copyright restrictions with respect to
204 reproduction and use, an accurate and current specification
205 for any Extension. In addition, You must make available an
206 appropriate test suite, pursuant to the same rights as the
207 specification, sufficiently detailed to allow any third
208 party reasonably skilled in the technology to produce
209 implementations of the Extension compatible with the
210 specification. Such test suites must be made available as
211 soon as reasonably practicable but, in no event, later than
212 ninety (90) days after Your first Commercial Use of the
213 Extension. You must use reasonable efforts to promptly
214 clarify and correct the specification and the test suite
215 upon written request by Original Contributor.
216
217 (iii) Open. You agree to refrain from enforcing any
218 Intellectual Property Rights You may have covering any
219 interface(s) of Your Extension, which would prevent the
220 implementation of such interface(s) by Original Contributor
221 or any Licensee. This obligation does not prevent You from
222 enforcing any Intellectual Property Right You have that
223 would otherwise be infringed by an implementation of Your
224 Extension.
225
226 (iv) Class, Interface and Package Naming. You may not add
227 any packages, or any public or protected classes or
228 interfaces with names that originate or might appear to
229 originate from Original Contributor including, without
230 limitation, package or class names which begin with "sun",
231 "java", "javax", "jini", "net.jini", "com.sun" or their
232 equivalents in any subsequent class, interface and/ or
233 package naming convention adopted by Original Contributor.
234 It is specifically suggested that You name any new packages
235 using the "Unique Package Naming Convention" as described in
236 "The Java Language Specification" by James Gosling, Bill
237 Joy, and Guy Steele, ISBN 0-201-63451-1, August 1996.
238 Section 7.7 "Unique Package Names", on page 125 of this
239 specification which states, in part:
240
241 "You form a unique package name by first having (or
242 belonging to an organization that has) an Internet domain
243 name, such as "sun.com". You then reverse the name,
244 component by component, to obtain, in this example,
245 "Com.sun", and use this as a prefix for Your package names,
246 using a convention developed within Your organization to
247 further administer package names."
248
249 3.2 Additional Requirements and Responsibilities. Any
250 additional requirements and responsibilities relating to the
251 Technology are listed in Attachment F (Additional
252 Requirements and Responsibilities), if applicable, and are
253 hereby incorporated into this Section 3.
254
255 4. Versions of the License.
256
257 4.1 License Versions. Original Contributor may publish
258 revised versions of the License from time to time. Each
259 version will be given a distinguishing version number.
260
261 4.2 Effect. Once a particular version of Covered Code has
262 been provided under a version of the License, You may always
263 continue to use such Covered Code under the terms of that
264 version of the License. You may also choose to use such
265 Covered Code under the terms of any subsequent version of
266 the License. No one other than Original Contributor has the
267 right to promulgate License versions.
268
269 5. Disclaimer of Warranty.
270
271 5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS,"
272 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
273 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
274 CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
275 PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE
276 RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED
277 CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY
278 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
279 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO
280 THIS DISCLAIMER.
281
282 5.2 You acknowledge that Original Code, Upgraded Code and
283 Specifications are not designed or intended for use in (i)
284 on-line control of aircraft, air traffic, aircraft
285 navigation or aircraft communications; or (ii) in the
286 design, construction, operation or maintenance of any
287 nuclear facility. Original Contributor disclaims any
288 express or implied warranty of fitness for such uses.
289
290 6. Termination.
291
292 6.1 By You. You may terminate this Research Use license at
293 anytime by providing written notice to Original Contributor.
294
295 6.2 By Original Contributor. This License and the rights
296 granted hereunder will terminate:
297
298 (i) automatically if You fail to comply with the terms of
299 this License and fail to cure such breach within 30 days of
300 receipt of written notice of the breach;
301
302 (ii) immediately in the event of circumstances specified in
303 Sections 7.1 and 8.4; or
304
305 (iii) at Original Contributor's discretion upon any action
306 initiated in the first instance by You alleging that use or
307 distribution by Original Contributor or any Licensee, of
308 Original Code, Upgraded Code, Error Corrections or Shared
309 Modifications contributed by You, or Specifications,
310 infringe a patent owned or controlled by You.
311
312 6.3 Effective of Termination. Upon termination, You agree
313 to discontinue use and return or destroy all copies of
314 Covered Code in your possession. All sublicenses to the
315 Covered Code which you have properly granted shall survive
316 any termination of this License. Provisions which, by their
317 nature, should remain in effect beyond the termination of
318 this License shall survive including, without limitation,
319 Sections 2.2, 3, 5, 7 and 8.
320
321 6.4 Each party waives and releases the other from any claim
322 to compensation or indemnity for permitted or lawful
323 termination of the business relationship established by this
324 License.
325
326 7. Liability.
327
328 7.1 Infringement. Should any of the Original Code, Upgraded
329 Code, TCK or Specifications ("Materials") become the subject
330 of a claim of infringement, Original Contributor may, at its
331 sole option, (i) attempt to procure the rights necessary for
332 You to continue using the Materials, (ii) modify the
333 Materials so that they are no longer infringing, or (iii)
334 terminate Your right to use the Materials, immediately upon
335 written notice, and refund to You the amount, if any, having
336 then actually been paid by You to Original Contributor for
337 the Original Code, Upgraded Code and TCK, depreciated on a
338 straight line, five year basis.
339
340 7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY
341 APPLICABLE LAW, ORIGINAL CONTRIBUTOR's LIABILITY TO YOU FOR
342 CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN
343 TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE
344 AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL
345 CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE
346 PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO
347 EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR
348 ERROR CORRECTIONS) OR SUN BE LIABLE FOR ANY INDIRECT,
349 PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
350 CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING,
351 WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER
352 ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF
353 LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT
354 LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
355 WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED
356 OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
357 FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
358
359 8. Miscellaneous.
360
361 8.1 Trademark. You agree to comply with the then current
362 Sun Trademark & Logo Usage Requirements accessible through
363 the SCSL Webpage. Except as expressly provided in the
364 License, You are granted no right, title or license to, or
365 interest in, any Sun Trademarks. You agree not to (i)
366 challenge Original Contributor's ownership or use of Sun
367 Trademarks; (ii) attempt to register any Sun Trademarks, or
368 any mark or logo substantially similar thereto; or (iii)
369 incorporate any Sun Trademarks into your own trademarks,
370 product names, service marks, company names, or domain
371 names.
372
373 8.2 Integration. This License represents the complete
374 agreement concerning the subject matter hereof.
375
376 8.3 Assignment. Original Contributor may assign this
377 License, and its rights and obligations hereunder, in its
378 sole discretion. You may assign the Research Use portions
379 of this License to a third party upon prior written notice
380 to Original Contributor (which may be provided via the
381 Community Web-Server). You may not assign the Commercial
382 Use license or TCK license, including by way of merger
383 (regardless of whether You are the surviving entity) or
384 acquisition, without Original Contributor's prior written
385 consent.
386
387 8.4 Severability. If any provision of this License is held
388 to be unenforceable, such provision shall be reformed only
389 to the extent necessary to make it enforceable.
390 Notwithstanding the foregoing, if You are prohibited by law
391 from fully and specifically complying with Sections 2.2 or
392 3, this License will immediately terminate and You must
393 immediately discontinue any use of Covered Code.
394
395 8.5 Governing Law. This License shall be governed by the
396 laws of the United States and the State of California, as
397 applied to contracts entered into and to be performed in
398 California between California residents. The application of
399 the United Nations Convention on Contracts for the
400 International Sale of Goods is expressly excluded.
401
402 8.6 Dispute Resolution.
403
404 a) Any dispute arising out of or relating to this License
405 shall be finally settled by arbitration as set out herein,
406 except that either party may bring any action, in a court of
407 competent jurisdiction (which jurisdiction shall be
408 exclusive), with respect to any dispute relating to such
409 party's Intellectual Property Rights or with respect to Your
410 compliance with the TCK license. Arbitration shall be
411 administered: (i) by the American Arbitration Association
412 (AAA), (ii) in accordance with the rules of the United
413 Nations Commission on International Trade Law (UNCITRAL)
414 (the "Rules") in effect at the time of arbitration as
415 modified herein; and (iii) the arbitrator will apply the
416 substantive laws of California and United States. Judgement
417 upon the award rendered by the arbitrator may be entered in
418 any court having jurisdiction to enforce such award.
419
420 b) All arbitration proceedings shall be conducted in English
421 by a single arbitrator selected in accordance with the
422 Rules, who must be fluent in English and be either a
423 retired judge or practicing attorney having at least ten
424 (10) years litigation experience and be reasonably familiar
425 with the technology matters relative to the dispute.
426 Unless otherwise agreed, arbitration venue shall be in
427 London, Tokyo, or San Francisco, whichever is closest to
428 defendant's principal business office. The arbitrator may
429 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

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