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1 prez 1.1 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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