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Tue May 1 18:21:13 2007 UTC (7 years, 4 months ago) by nelchael
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Add licenses for WSDP ebuilds.

1 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU
2 ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
3 AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY
4 DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THE
5 AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON
6 AT THE BOTTOM OF THIS PAGE.
7
8
9 Specification: JSR 67 Java APIs for XML Messaging 1.0 ("Specification")
10
11
12 Version: 1.3
13
14
15 Status: Final Release
16
17
18 Release: 7 April 2006
19
20
21 Copyright 2006 SUN MICROSYSTEMS, INC.
22
23 4150 Network Circle, Santa Clara, California 95054, U.S.A
24
25 All rights reserved.
26
27
28 LIMITED LICENSE GRANTS
29
30
31 1. License for Evaluation Purposes. Sun hereby grants you a fully-paid,
32 non-exclusive, non-transferable, worldwide, limited license (without the right
33 to sublicense), under Sun's applicable intellectual property rights to view,
34 download, use and reproduce the Specification only for the purpose of internal
35 evaluation. This includes (i) developing applications intended to run on an
36 implementation of the Specification, provided that such applications do not
37 themselves implement any portion(s) of the Specification, and (ii) discussing
38 the Specification with any third party; and (iii) excerpting brief portions of
39 the Specification in oral or written communications which discuss the
40 Specification provided that such excerpts do not in the aggregate constitute a
41 significant portion of the Specification.
42
43
44 2. License for the Distribution of Compliant Implementations. Sun also grants
45 you a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up,
46 royalty free, limited license (without the right to sublicense) under any
47 applicable copyrights or, subject to the provisions of subsection 4 below,
48 patent rights it may have covering the Specification to create and/or distribute
49 an Independent Implementation of the Specification that: (a) fully implements
50 the Specification including all its required interfaces and functionality; (b)
51 does not modify, subset, superset or otherwise extend the Licensor Name Space,
52 or include any public or protected packages, classes, Java interfaces, fields or
53 methods within the Licensor Name Space other than those required/authorized by
54 the Specification or Specifications being implemented; and (c) passes the
55 Technology Compatibility Kit (including satisfying the requirements of the
56 applicable TCK Users Guide) for such Specification ("Compliant Implementation").
57 In addition, the foregoing license is expressly conditioned on your not acting
58 outside its scope. No license is granted hereunder for any other purpose
59 (including, for example, modifying the Specification, other than to the extent
60 of your fair use rights, or distributing the Specification to third parties).
61 Also, no right, title, or interest in or to any trademarks, service marks, or
62 trade names of Sun or Sun's licensors, Sun or the Sun's licensors is granted
63 hereunder. Java, and Java-related logos, marks and names are trademarks or
64 registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
65
66
67 3. Pass-through Conditions. You need not include limitations (a)-(c) from the
68 previous paragraph or any other particular "pass through" requirements in any
69 license You grant concerning the use of your Independent Implementation or
70 products derived from it. However, except with respect to Independent
71 Implementations (and products derived from them) that satisfy limitations
72 (a)-(c) from the previous paragraph, You may neither: (a) grant or otherwise
73 pass through to your licensees any licenses under Sun's applicable intellectual
74 property rights; nor (b) authorize your licensees to make any claims concerning
75 their implementation's compliance with the Spec in question.
76
77
78 4. Reciprocity Concerning Patent Licenses.
79
80
81 a. With respect to any patent claims covered by the license granted under
82 subparagraph 2 above that would be infringed by all technically feasible
83 implementations of the Specification, such license is conditioned upon your
84 offering on fair, reasonable and non-discriminatory terms, to any party seeking
85 it from You, a perpetual, non-exclusive, non-transferable, worldwide license
86 under Your patent rights which are or would be infringed by all technically
87 feasible implementations of the Specification to develop, distribute and use a
88 Compliant Implementation.
89
90
91 b With respect to any patent claims owned by Sun and covered by the license
92 granted under subparagraph 2, whether or not their infringement can be avoided
93 in a technically feasible manner when implementing the Specification, such
94 license shall terminate with respect to such claims if You initiate a claim
95 against Sun that it has, in the course of performing its responsibilities as the
96 Specification Lead, induced any other entity to infringe Your patent rights.
97
98
99 c Also with respect to any patent claims owned by Sun and covered by the license
100 granted under subparagraph, where the infringement of such claims can be avoided
101 in a technically feasible manner when implementing the Specification such
102 license, with respect to such claims, shall terminate if You initiate a claim
103 against Sun that its making, having made, using, offering to sell, selling or
104 importing a Compliant Implementation infringes Your patent rights.
105
106
107 5. Definitions. For the purposes of this Agreement: "Independent Implementation"
108 shall mean an implementation of the Specification that neither derives from any
109 of Sun's source code or binary code materials nor, except with an appropriate
110 and separate license from Sun, includes any of Sun's source code or binary code
111 materials; "Licensor Name Space" shall mean the public class or interface
112 declarations whose names begin with "java", "javax", "com.sun" or their
113 equivalents in any subsequent naming convention adopted by Sun through the Java
114 Community Process, or any recognized successors or replacements thereof; and
115 "Technology Compatibility Kit" or "TCK" shall mean the test suite and
116 accompanying TCK User's Guide provided by Sun which corresponds to the
117 Specification and that was available either (i) from Sun 120 days before the
118 first release of Your Independent Implementation that allows its use for
119 commercial purposes, or (ii) more recently than 120 days from such release but
120 against which You elect to test Your implementation of the Specification.
121
122
123 This Agreement will terminate immediately without notice from Sun if you breach
124 the Agreement or act outside the scope of the licenses granted above.
125
126
127 DISCLAIMER OF WARRANTIES
128
129
130 THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
131 WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES
132 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
133 (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE
134 SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY
135 PURPOSE. This document does not represent any commitment to release or implement
136 any portion of the Specification in any product. In addition, the Specification
137 could include technical inaccuracies or typographical errors.
138
139
140 LIMITATION OF LIABILITY
141
142
143 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
144 LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR
145 DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
146 HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
147 RELATED IN ANY WAY TO YOUR HAVING, IMPLEMENTING OR OTHERWISE USING THE
148 SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
149 POSSIBILITY OF SUCH DAMAGES.
150
151 You will indemnify, hold harmless, and defend Sun and its licensors from any
152 claims arising or resulting from: (i) your use of the Specification; (ii) the
153 use or distribution of your Java application, applet and/or implementation;
154 and/or (iii) any claims that later versions or releases of any Specification
155 furnished to you are incompatible with the Specification provided to you under
156 this license.
157
158
159 RESTRICTED RIGHTS LEGEND
160
161
162 U.S. Government: If this Specification is being acquired by or on behalf of the
163 U.S. Government or by a U.S. Government prime contractor or subcontractor (at
164 any tier), then the Government's rights in the Software and accompanying
165 documentation shall be only as set forth in this license; this is in accordance
166 with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
167 acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
168
169
170 REPORT
171
172
173 If you provide Sun with any comments or suggestions concerning the Specification
174 ("Feedback"), you hereby: (i) agree that such Feedback is provided on a
175 non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual,
176 non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to
177 sublicense through multiple levels of sublicensees, to incorporate, disclose,
178 and use without limitation the Feedback for any purpose.
179
180
181 GENERAL TERMS
182
183
184 Any action related to this Agreement will be governed by California law and
185 controlling U.S. federal law. The U.N. Convention for the International Sale of
186 Goods and the choice of law rules of any jurisdiction will not apply.
187
188
189 The Specification is subject to U.S. export control laws and may be subject to
190 export or import regulations in other countries. Licensee agrees to comply
191 strictly with all such laws and regulations and acknowledges that it has the
192 responsibility to obtain such licenses to export, re-export or import as may be
193 required after delivery to Licensee.
194
195
196 This Agreement is the parties' entire agreement relating to its subject matter.
197 It supersedes all prior or contemporaneous oral or written communications,
198 proposals, conditions, representations and warranties and prevails over any
199 conflicting or additional terms of any quote, order, acknowledgment, or other
200 communication between the parties relating to its subject matter during the term
201 of this Agreement. No modification to this Agreement will be binding, unless in
202 writing and signed by an authorized representative of each party.
203
204
205
206
207 Rev. January, 2006
208
209 Sun/Final/Full

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