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1 SUN MICROSYSTEMS, INC. IS WILLING TO LICENSE THIS
2 SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT
3 YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
4 LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE
5 TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. BY
6 DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE
7 TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF
8 YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS,
9 SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS
10 PAGE AND THE DOWNLOADING PROCESS WILL NOT
11 CONTINUE.
12
13 Java(TM) Architecture for XML Binding (JAXB)
14 Specification ("Specification")
15 Version: 1.0
16 Status: FCS
17 Release: January 8, 2003
18
19 Copyright 2003 Sun Microsystems, Inc.
20
21 4150 Network Circle, Santa Clara, California
22 95054, U.S.A
23 All rights reserved.
24
25 NOTICE; LIMITED LICENSE GRANTS
26
27 Sun Microsystems, Inc. ("Sun") hereby grants you a
28 fully-paid, non-exclusive, non-transferable,
29 worldwide, limited license (without the right to
30 sublicense), under the Sun's applicable
31 intellectual property rights to view, download,
32 use and reproduce the Specification only for the
33 purpose of internal evaluation, which shall be
34 understood to include developing applications
35 intended to run on an implementation of the
36 Specification provided that such applications do
37 not themselves implement any portion(s) of the
38 Specification.
39
40 Sun also grants you a perpetual, non-exclusive,
41 worldwide, fully paid-up, royalty free, limited
42 license (without the right to sublicense) under
43 any applicable copyrights or patent rights it may
44 have in the Specification to create and/or
45 distribute an Independent Implementation of the
46 Specification that: (i) fully implements the
47 Spec(s) including all its required interfaces and
48 functionality; (ii) does not modify, subset,
49 superset or otherwise extend the Licensor Name
50 Space, or include any public or protected
51 packages, classes, Java interfaces, fields or
52 methods within the Licensor Name Space other than
53 those required/authorized by the Specification or
54 Specifications being implemented; and (iii) passes
55 the TCK (including satisfying the requirements of
56 the applicable TCK Users Guide) for such
57 Specification. The foregoing license is expressly
58 conditioned on your not acting outside its scope.
59 No license is granted hereunder for any other
60 purpose.
61
62 You need not include limitations (i)-(iii) from
63 the previous paragraph or any other particular
64 "pass through" requirements in any license You
65 grant concerning the use of your Independent
66 Implementation or products derived from it.
67 However, except with respect to implementations of
68 the Specification (and products derived from them)
69 that satisfy limitations (i)-(iii) from the
70 previous paragraph, You may neither: (a) grant or
71 otherwise pass through to your licensees any
72 licenses under Sun's applicable intellectual
73 property rights; nor (b) authorize your licensees
74 to make any claims concerning their
75 implementation's compliance with the Spec in
76 question.
77
78 For the purposes of this Agreement: "Independent
79 Implementation" shall mean an implementation of
80 the Specification that neither derives from any of
81 Sun's source code or binary code materials nor,
82 except with an appropriate and separate license
83 from Sun, includes any of Sun's source code or
84 binary code materials; and "Licensor Name Space"
85 shall mean the public class or interface
86 declarations whose names begin with "java",
87 "javax", "com.sun" or their equivalents in any
88 subsequent naming convention adopted by Sun
89 through the Java Community Process, or any
90 recognized successors or replacements thereof.
91
92 This Agreement will terminate immediately without
93 notice from Sun if you fail to comply with any
94 material provision of or act outside the scope of
95 the licenses granted above.
96
97 TRADEMARKS
98
99 No right, title, or interest in or to any
100 trademarks, service marks, or trade names of Sun
101 or Sun's licensors is granted hereunder. Sun, Sun
102 Microsystems, the Sun logo, Java, the Java Coffee
103 Cup logo, and J2EE are trademarks or registered
104 trademarks of Sun Microsystems, Inc. in the U.S.
105 and other countries.
106
107 DISCLAIMER OF WARRANTIES
108
109 THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES
110 NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS
111 OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
112 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
113 PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THAT THE
114 CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY
115 PURPOSE OR THAT ANY PRACTICE OR IMPLEMENTATION OF
116 SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY
117 PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER
118 RIGHTS. This document does not represent any
119 commitment to release or implement any portion of
120 the Specification in any product.
121
122 THE SPECIFICATION COULD INCLUDE TECHNICAL
123 INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
124 PERIODICALLY ADDED TO THE INFORMATION THEREIN;
125 THESE CHANGES WILL BE INCORPORATED INTO NEW
126 VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY
127 MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S)
128 AND/OR THE PROGRAM(S) DESCRIBED IN THE
129 SPECIFICATION AT ANY TIME. Any use of such
130 changes in the Specification will be governed by
131 the then-current license for the applicable
132 version of the Specification.
133
134 LIMITATION OF LIABILITY
135
136 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
137 WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY
138 DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
139 REVENUE, PROFITS OR DATA, OR FOR SPECIAL,
140 INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
141 DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
142 THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO
143 ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE
144 OF THE SPECIFICATION, EVEN IF SUN AND/OR ITS
145 LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
146 SUCH DAMAGES.
147
148 You will indemnify, hold harmless, and defend Sun
149 and its licensors from any claims arising or
150 resulting from: (i) your use of the Specification;
151 (ii) the use or distribution of your Java
152 application, applet and/or clean room
153 implementation; and/or (iii) any claims that later
154 versions or releases of any Specification
155 furnished to you are incompatible with the
156 Specification provided to you under this license.
157
158 RESTRICTED RIGHTS LEGEND
159
160 U.S. Government: If this Specification is being
161 acquired by or on behalf of the U.S. Government or
162 by a U.S. Government prime contractor or
163 subcontractor (at any tier), then the Government's
164 rights in the Software and accompanying
165 documentation shall be only as set forth in this
166 license; this is in accordance with 48 C.F.R.
167 227.7201 through 227.7202-4 (for Department of
168 Defense (DoD) acquisitions) and with 48 C.F.R.
169 2.101 and 12.212 (for non-DoD acquisitions).
170
171 REPORT
172
173 You may wish to report any ambiguities,
174 inconsistencies or inaccuracies you may find in
175 connection with your use of the Specification
176 ("Feedback"). To the extent that you provide Sun
177 with any Feedback, you hereby: (i) agree that such
178 Feedback is provided on a non-proprietary and
179 non-confidential basis, and (ii) grant Sun a
180 perpetual, non-exclusive, worldwide, fully
181 paid-up, irrevocable license, with the right to
182 sublicense through multiple levels of
183 sublicensees, to incorporate, disclose, and use
184 without limitation the Feedback for any purpose
185 related to the Specification and future versions,
186 implementations, and test suites thereof.
187
188 (LFI#123847/Form ID#011801)

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