/[gentoo-x86]/licenses/sun-jdl
Gentoo

Contents of /licenses/sun-jdl

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Sun Jul 4 18:25:26 2004 UTC (10 years ago) by zx
Branch: MAIN
CVS Tags: HEAD
new license

1 JAVA DISTRIBUTION LICENSE (VER. 1.0)
2 Java 3D
3
4 I. LICENSE GRANTS, TERMS AND RESTRICTIONS
5
6 1.0 General License Terms. This Java Distribution License ("JDL") is
7 between Sun Microsystems, Inc. ("Sun") and You where "You" means the
8 individual or legal entity exercising rights under this
9 JDL. "Technology" means the following as provided under this JDL: (i)
10 the source code and binary code from the Reference Implementation
11 ("RI") of the Java 3DTM version 1.3 Specification (the
12 "Specification") and related documentation, all as revised or upgraded
13 and made available hereunder; and (ii) the associated technology
14 compatibility kit ("TCK"). The TCK contains the TCK documentation,
15 user's guide ("TCK User's Guide"), test tools and test suite
16 associated with the Specification, as revised or upgraded by Sun. The
17 TCK is provided so that You may determine if Your implementation is
18 compliant with the Specification. "Modifications" means any (i) change
19 or addition to or derivative of the Technology; or (ii) new source or
20 object code implementing the Specification for the
21 Technology. "Commercial Use" means: (i) Your use of the RI and/or
22 Modifications as part of a Compatible Implementation within Your
23 business or organization, but only by Your employees or agents; and/or
24 (ii) any use or distribution, directly or indirectly by You of the RI
25 and/or Modifications as part of a Compatible Implementation to any
26 third party, alone or bundled with any other software or hardware, for
27 direct or indirect commercial or strategic gain or advantage. By Your
28 use or distribution of the Technology and Modifications, You agree to
29 the terms of this JDL.
30
31 2.0 License Grants, Restrictions and Termination.
32
33 2.1 Commercial Use and Internal Deployment License Grants. Subject to
34 the terms of this JDL, Sun grants to You, to the extent of Sun's
35 licensable copyrights, patents and trade secrets in the RI, a limited,
36 non-exclusive, non-transferable, worldwide and royalty-free license to
37 modify, compile, reproduce, distribute, internally use and internally
38 deploy code and related documentation from the RI and/or Modifications
39 for Commercial Use, but only as part of Your own Compatible
40 Implementation (as defined below), and only if You make such
41 distributions as follows:
42
43 (i) Source Code. You can only distribute source code for the RI and
44 Modifications under all of the following conditions: (a) You make such
45 distribution under the terms of this JDL; (b) without offering or
46 imposing any different terms; (c) to a receipient who has accepted the
47 terms of this JDL; and (d) You provide a copy of this JDL to each such
48 receipient;
49
50 (ii) Binary Code. You can distribute binary code for the RI and
51 Modifications but only under license terms which (a) have been
52 accepted by the receipient; (b) are consistent, and not conflicting,
53 with the terms of the JDL; and (c) where such terms are no less
54 protective of Sun than the terms of this JDL.
55
56 2.2 TCK License Grant. Subject to the terms of this JDL, Sun grants to
57 You, to the extent of Sun's licensable copyrights, patents and trade
58 secrets in the TCK, a limited, non-exclusive, non-transferable,
59 worldwide and royalty-free license to internally use the TCK for the
60 sole purpose of developing and testing Your Compatible Implementations
61 (as defined below).
62
63 2.2.1 TCK Master Support Agreement. If you desire support for the TCK,
64 You may execute a separate TCK master support with Sun as described on
65 the Technology Site or on such other URL as Sun may designate from
66 time to time.
67
68 2.2.2 TCK Use Terms. Your TCK license grant hereunder is expressly
69 conditioned upon your continued adherance to the following
70 restrictions:
71
72 (i) You may not sublicense or distribute the TCK to any third party
73 except for any specific TCK code files identified as redistributables
74 in the TCK User's Guide ("Redistributables"), but only: (a) as part of
75 a TCK Adaptor accompanying a Compatible Implementation (where a "TCK
76 Adaptor" means a program that effects interoperability between the TCK
77 and the Compatible Implementation); and (b) pursuant to a license
78 agreement that protects Sun's interests consistent with the terms of
79 the JDL;
80
81 (ii) You may not create derivative works of the TCK nor of any of its
82 components except for the Redistributables in a TCK Adaptor;
83
84 (iii) You may not disassemble or decompile binary portions of the
85 TCK's test suites or test tools or otherwise attempt to derive the
86 source code from such binary portions;
87
88 (iv) You may not develop other test suites intended to validate
89 compatibility with the Specification to which the TCK licensed
90 hereunder corresponds;
91
92 (v) You may not use the TCK to test a third party's product;
93
94 (vi) You may not make Commercial Use of code which implements any
95 portion of the Specification unless such code is included in a
96 Compatible Implementation;
97
98 (vii) You may disclose Test Reports (where "Test Reports" means those
99 reports generated by the TCK which identify only configuration
100 information and the status of individual or aggregate test executions)
101 for an implementation which You are attempting to certified in
102 accordance with the terms of this JDL for the sole purpose of making
103 Your implementation a Compatible Implementation, but you may not make
104 any claims of comparative compatibility nor disclose any other TCK
105 testing information to any party. For example, You cannot claim that
106 Your implementation is "nearly compatible" or "98% compatible." When
107 You share Test Reports in any public forum, including mailing lists,
108 marketing material or press releases, and Your implementation is not a
109 Compatible Implementation, You must state that Your implementation is
110 "not compatible;" and
111
112 (viii) You will protect the TCK as confidential information of Sun
113 and, except as expressly authorized herein, You may not disclose the
114 TCK to any third party. This obligation of confidentiality with
115 respect to the TCK will survive any termination or expiration of this
116 JDL.
117
118 2.3 Term and Termination. This JDL shall have an initial term of two
119 (2) years after your acceptance of this JDL and shall thereafter
120 automatically renew for additional one year terms unless either party
121 provides notice to the other party sixty (60) days prior to an
122 anniversary date. The license grants of this JDL, are expressly
123 conditioned upon Your not acting outside their scope, and Your
124 continued compliance with the material provisions of this JDL. All
125 license grants under this JDL will automatically and immediately be
126 revoked without notice if You fail to so comply. Upon termination or
127 expiration of this JDL, You must discontinue all use and distribution
128 of the Technology and any Compatible Implementation licensed under
129 this JDL. All sublicenses You have properly granted hereunder shall
130 survive termination or expiration of Your rights under the
131 JDL. Provisions which should, by their nature, remain in effect after
132 termination or expiration shall survive, including, without
133 limitation, the provisions of Article II (General Terms) and the TCK
134 confidentiality obligations under this JDL.
135
136 2.4 General License Restrictions. Some portions of the Technology are
137 provided with notices and/or open source or other licenses from other
138 parties which govern the use of those portions. Your use or
139 distribution of encryption technology contained within the Technlogy
140 is subject to all applicable governmental regulations of the United
141 States of America and the country where the Technology is
142 deployed. You agree to comply with the U.S. export controls and trade
143 laws of other countries that apply to the Technology and Compatible
144 Implementations. You acknowledge that the Technology is not designed,
145 licensed or intended for use in the design, construction, operation or
146 maintenance of any nuclear facility. Other than the rights granted
147 herein, Sun retains all rights, title, and interest in the Technlogy.
148
149 3.0 Compatibility and Use of the TCK.
150
151 3.1 Compatible Implementation TCK Requirements. Your use of the RI
152 and/or Modifications as part of an implementation of the Specification
153 is a "Compatible Implementation" if the implementation meets the
154 following requirements:
155
156 3.1.1 A Compatible Implementation must comply with the full
157 Specification, including all its required interfaces and
158 functionality;
159
160 3.1.2 A Compatible Implementation must either: (i) pass the most
161 current compatibility requirements (as defined by the TCK User's
162 Guide) which were made available by Sun one hundred twenty (120) days
163 before first commercial shipment ("FCS") of each version of the
164 Compatible Implementation (eg. if Your FCS was December 31, 2003, You
165 must have passed the most current version of the TCK as of September
166 2, 2003); or (ii) at Your option, pass all the compatibility
167 requirements of a newer version of the TCK and its associated TCK
168 User's Guide;
169
170 3.1.3 A Compatible Implementation may not modify the functional
171 behavior of the "Java Classes" which means the specific class
172 libraries associated with the Technology; and
173
174 3.1.4 A Compatible Implementation may not modify, subset, superset or
175 otherwise extend the Licensor Name Space, nor include any public or
176 protected packages, classes, Java interfaces, fields or methods within
177 the Licensor Name Space other than those required and/or authorized by
178 the Specification. "Licensor Name Space" means the public class or
179 interface declarations whose names begin with "java", "javax",
180 "com.sun" or their equivalents in any subsequent naming convention
181 adopted by Sun through the Java Community Process, or any recognized
182 successors or replacements thereof.
183
184 3.2 Self-Certification for Compatibility. You shall self-certify that
185 Your Compatible Implementation passes the applicable TCK as set forth
186 above, if and when Your Compatible Implementation in fact does so,
187 provided that:
188
189 3.2.1 If Sun policy also requires verification of compatibility for
190 Your Compatible Implementation then You shall, prior to the FCS of the
191 Compatible Implementation, submit verification of compatibility to Sun
192 or to an independent test facility designated by Sun. If such
193 verification is by an independent test facility, then the reasonable
194 costs of such activity (including any applicable fees) shall be at
195 Your expense. Sun may publish or otherwise disclose Your test results.
196
197 3.2.2 Upon thirty (30) days written notice by Sun, and no more than
198 two (2) times per calendar year, You shall permit Sun or its
199 authorized representative to inspect and test any Compatible
200 Implementation which has been self-certified per this subsection 3.2
201 to ensure that such Compatible Implementation meets the compatibility
202 and other requirements for a Compatible Implementation as set forth
203 herein. The reasonable costs of such inspection shall be at Sun's
204 expense; provided, however, that You shall reimburse Sun for such
205 costs if the inspection reveals that the Compatible Implementation
206 does not meet such requirements and these deficiencies are not cured
207 within thirty (30) days.
208
209 4.0 Fees and Royalties. There are no fees or royalites associated with
210 the license grants for the Technology licensed under this JDL.
211
212 II. GENERAL TERMS
213
214 5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS
215 IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR
216 STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
217 TECHNOLOGY AND/OR MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT
218 FOR A PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU
219 AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND
220 DISTRIBUTION OF ANY AND ALL TECHNOLOGY AND/OR MODIFICATIONS ARE UNDER
221 THIS JDL. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED
222 WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
223
224 6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole
225 discretion, upon any action initiated by You alleging that the use or
226 distribution of the Technology and/or Modifications by Sun, or any
227 other licensee of the Technology and/or Modifications, infringes a
228 patent owned or controlled by You. In addition, if any portion of, or
229 functionality implemented by, the Technology becomes the subject of a
230 claim or threatened claim of infringement ("Affected Materials"), Sun
231 may, at its sole option, (i) attempt to procure the rights necessary
232 for You to continue using the Affected Materials, (ii) modify the
233 Affected Materials so that they are no longer infringing, or (iii)
234 immediately suspend Your rights to use and distribute the Affected
235 Materials under this JDL by posting of notice of suspension on the
236 Technology Site, and refund toYou the amount, if any, having then
237 actually been paid by You to Sun under this JDL, on a straight line,
238 five year basis .
239
240 7.0 Limitation of Liability. Sun will be not be liable for any claims
241 relating to, or arising out of, this JDL, whether in tort, contract or
242 otherwise, in an amount in excess of any annual license fees You paid
243 to Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY
244 INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN
245 CONNECTION WITH OR ARISING OUT OF THIS JDL (INCLUDING, WITHOUT
246 LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY
247 SORT), HOWEVER IT ARISES AND UNDER ANY THEORY OF LIABILITY (including
248 negligence), REGARDLESS OF WHETHER OR NOT SUN HAS BEEN ADVISED OF THE
249 POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL
250 SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE
251 ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY INDIRECT, PUNITIVE,
252 SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON
253 WHATSOEVER CANNOT BE DISCLAIMED THEN THE ENTIRE LIABILITY OF SUN UNDER
254 ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH
255 DAMAGES, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTALLY PAID BY
256 YOU FOR THE TECHNOLOGY OR FIVE HUNDRED US DOLLARS, WHICHEVER IS
257 GREATER. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION
258 OF INCIDENTALS OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION AND
259 LIMITATION MAY NOT APPLY TO YOU.
260
261 8.0 Support. Sun does not provide any support for the Technology or
262 the TCK to either You or Your customers under this JDL. Support for
263 the TCK is provided under a separate TCK master support agreement. If
264 You desire support for the RI, You may contact Sun. You are solely
265 reponsible for providing all support to Your customers with respect to
266 the Technology, TCK, Modifications and/or Compatible Implementation.
267
268 9.0 Marketing and Press Announcements. Your initial press announcement
269 concerning execution of this JDL must be reviewed and approved by Sun
270 prior to its release. You hereby authorizes Sun to include You in a
271 published list of licensees of the Technology. Sun shall also be
272 authorized to use Your name in advertising, marketing collateral, and
273 customer success stories prepared by or on behalf of Sun for the
274 Technology subject to Your prior approval, such approval not to be
275 unreasonably withheld or delayed.
276
277 10.0 Notices. All notices required by this JDL must be in writing. Sun
278 shall deliver notice to You via either e-mail or by physical mail
279 based on the information You provided to Sun when you accepted this
280 JDL. Notices by You to Sun will be effective only upon receipt by Sun
281 at the following physical addresses: Sun Microsystems, Inc., 4150
282 Network Circle, Santa Clara, California 95054, Attn.: Sun Software VP
283 of Sales, cc: General Counsel, cc: Product Law Legal Department or to
284 such different address as Sun provides on the Technology Site for such
285 purpose.
286
287 11.0 Proprietary Rights Notices and Branding Requirements. There are
288 no specific branding requirements associated with the Technology under
289 this JDL. You may not remove any copyright notices, trademark notices
290 or other proprietary legends of Sun or its suppliers contained on or
291 in the Technology, including any notices of licenses for open source
292 components. You agree to comply with the Sun Trademark and Logo Usage
293 Requirements currently located at
294 http://www.sun.com/policies/trademarks. Except as provided in this
295 JDL, no right, title or interest to Sun's trademarks, brands or logos
296 is granted herein.
297
298 12.0 U.S. Government End Users. The Technology and Modifications are a
299 "commercial item," as that term is defined in 48 C.F.R. 2.101
300 (Oct. 1995), consisting of "commercial computer software" and
301 "commercial computer software documentation," as such terms are used
302 in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
303 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
304 U.S. Government End Users acquire Technology and/or Modifications with
305 only those rights set forth herein. You agree to pass this notice to
306 Your licensees.
307
308 13.0 Miscellaneous. This JDL is governed by the laws of the United
309 States and the State of California, as applied to contracts entered
310 into and performed in California between California residents. The
311 relationship created under this JDL is that of licensor and licensee
312 and does not create any other relationship such as a partnership,
313 franchise, joint venture, agency or employment relationship between
314 the parties. This JDL may not be assigned or transferred by either
315 party without the prior written consent of the other party, which
316 consent shall not be unreasonably withheld or delayed, except that Sun
317 may assign: (i) to an affiliated company, or (ii) in the event of a
318 merger, acquisition or sale of all or substantially all of the assets
319 of Sun. Any express waiver or failure to exercise promptly any right
320 under this Agreement will not create a continuing waiver nor any
321 expectation of non-enforcement. The disclaimer of warranties and
322 limitations of liability constitute an essential basis of the bargain
323 in this JDL. This JDL represents the complete agreement of the parties
324 concerning the subject matter hereof and may not be modified or
325 amended in whole or part, except by a written instrument signed by the
326 parties' authorized representatives. Nothing herein shall supersede or
327 modify the terms of any separate signed written license agreement You
328 may have executed with Sun regarding the Technology.
329
330 YOU: By: ___________________________________ Name: ___________________________________
331
332 Title: __________________________________ Date: _____________________________________

  ViewVC Help
Powered by ViewVC 1.1.20