SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Feb. | |
23, 1999) | |
RECITALS | |
Original Contributor has developed Specifications and Source | |
Code implementations of certain Technology; and | |
Original Contributor desires to license the Technology to a | |
large community to facilitate research, innovation and | |
product development while maintaining compatibility of such | |
products with the Technology as delivered by Original | |
Contributor; and | |
Original Contributor desires to license certain Sun | |
Trademarks for the purpose of branding products that are | |
compatible with the relevant Technology delivered by | |
Original Contributor; and | |
You desire to license the Technology and possibly certain | |
Sun Trademarks from Original Contributor on the terms and | |
conditions specified in this License. | |
In consideration for the mutual covenants contained herein, | |
You and Original Contributor agree as follows: | |
AGREEMENT | |
1. Introduction. The Sun Community Source License and | |
effective attachments ("License") may include five distinct | |
licenses: Research Use, TCK, Internal Deployment Use, | |
Commercial Use and Trademark License. The Research Use | |
license is effective when You click and accept this License. | |
The TCK and Internal Deployment Use licenses are effective | |
when You click and accept this License, unless otherwise | |
specified in the TCK and Internal Deployment Use | |
attachments. The Commercial Use and Trademark licenses must | |
be signed by You and Original Contributor in order to become | |
effective. Once effective, these licenses and the | |
associated requirements and responsibilities are cumulative. | |
Capitalized terms used in this License are defined in the | |
Glossary. | |
2. License Grants. | |
2.1 Original Contributor Grant. Subject to Your compliance | |
with Sections 3, 8.10 and Attachment A of this License, | |
Original Contributor grants to You a worldwide, | |
royalty-free, non-exclusive license, to the extent of | |
Original Contributor's Intellectual Property Rights covering | |
the Original Code, Upgraded Code and Specifications, to do | |
the following: | |
a) Research Use License: | |
(i) use, reproduce and modify the Original Code, Upgraded | |
Code and Specifications to create Modifications and | |
Reformatted Specifications for Research Use by You, | |
(ii) publish and display Original Code, Upgraded Code and | |
Specifications with, or as part of Modifications, as | |
permitted under Section 3.1 b) below, | |
(iii) reproduce and distribute copies of Original Code and | |
Upgraded Code to Licensees and students for Research Use by | |
You, | |
(iv) compile, reproduce and distribute Original Code and | |
Upgraded Code in Executable form, and Reformatted | |
Specifications to anyone for Research Use by You. | |
b) Other than the licenses expressly granted in this | |
License, Original Contributor retains all right, title, and | |
interest in Original Code and Upgraded Code and | |
Specifications. | |
2.2 Your Grants. | |
a) To Other Licensees. You hereby grant to each Licensee a | |
license to Your Error Corrections and Shared Modifications, | |
of the same scope and extent as Original Contributor's | |
licenses under Section 2.1 a) above relative to Research | |
Use, Attachment C relative to Internal Deployment Use, and | |
Attachment D relative to Commercial Use. | |
b) To Original Contributor. You hereby grant to Original | |
Contributor a worldwide, royalty-free, non-exclusive, | |
perpetual and irrevocable license, to the extent of Your | |
Intellectual Property Rights covering Your Error | |
Corrections, Shared Modifications and Reformatted | |
Specifications, to use, reproduce, modify, display and | |
distribute Your Error Corrections, Shared Modifications and | |
Reformatted Specifications, in any form, including the right | |
to sublicense such rights through multiple tiers of | |
distribution. | |
c) Other than the licenses expressly granted in Sections 2.2 | |
a) and b) above, and the restriction set forth in Section | |
3.1 d)(iv) below, You retain all right, title, and interest | |
in Your Error Corrections, Shared Modifications and | |
Reformatted Specifications. | |
2.3 Contributor Modifications. You may use, reproduce, | |
modify, display and distribute Contributor Error | |
Corrections, Shared Modifications and Reformatted | |
Specifications, obtained by You under this License, to the | |
same scope and extent as with Original Code, Upgraded Code | |
and Specifications. | |
2.4 Subcontracting. You may deliver the Source Code of | |
Covered Code to other Licensees having at least a Research | |
Use license, for the sole purpose of furnishing development | |
services to You in connection with Your rights granted in | |
this License. All such Licensees must execute appropriate | |
documents with respect to such work consistent with the | |
terms of this License, and acknowledging their | |
work-made-for-hire status or assigning exclusive right to | |
the work product and associated Intellectual Property Rights | |
to You. | |
3. Requirements and Responsibilities. 3.1 Research Use | |
License. As a condition of exercising the rights granted | |
under Section 2.1 a) above, You agree to comply with the | |
following: | |
a) Your Contribution to the Community. All Error | |
Corrections and Shared Modifications which You create or | |
contribute to are automatically subject to the licenses | |
granted under Section 2.2 above. You are encouraged to | |
license all of Your other Modifications under Section 2.2 as | |
Shared Modifications, but are not required to do so. You | |
agree to notify Original Contributor of any errors in the | |
Specification. | |
b) Source Code Availability. You agree to provide all Your | |
Error Corrections to Original Contributor as soon as | |
reasonably practicable and, in any event, prior to Internal | |
Deployment Use or Commercial Use, if applicable. Original | |
Contributor may, at its discretion, post Source Code for | |
Your Error Corrections and Shared Modifications on the | |
Community Webserver. You may also post Error Corrections | |
and Shared Modifications on a web-server of Your choice; | |
provided, that You must take reasonable precautions to | |
ensure that only Licensees have access to such Error | |
Corrections and Shared Modifications. Such precautions | |
shall include, without limitation, a password protection | |
scheme limited to Licensees and a click-on, download | |
certification of Licensee status required of those | |
attempting to download from the server. An example of an | |
acceptable certification is attached as Attachment A-2. | |
c) Notices. All Error Corrections and Shared Modifications | |
You create or contribute to must include a file documenting | |
the additions and changes You made and the date of such | |
additions and changes. You must also include the notice set | |
forth in Attachment A-1 in the file header. If it is not | |
possible to put the notice in a particular Source Code file | |
due to its structure, then You must include the notice in a | |
location (such as a relevant directory file), where a | |
recipient would be most likely to look for such a notice. | |
d) Redistribution. | |
(i) Source. Covered Code may be distributed in Source Code | |
form only to another Licensee (except for students as | |
provided below). You may not offer or impose any terms on | |
any Covered Code that alter the rights, requirements, or | |
responsibilities of such Licensee. You may distribute | |
Covered Code to students for use in connection with their | |
course work and research projects undertaken at accredited | |
educational institutions. Such students need not be | |
Licensees, but must be given a copy of the notice set forth | |
in Attachment A-3 and such notice must also be included in a | |
file header or prominent location in the Source Code made | |
available to such students. | |
(ii) Executable. You may distribute Executable version(s) | |
of Covered Code to Licensees and other third parties only | |
for the purpose of evaluation and comment in connection with | |
Research Use by You and under a license of Your choice, but | |
which limits use of such Executable version(s) of Covered | |
Code only to that purpose. | |
(iii) Modified Class,Interface and Package Naming. In | |
connection with Research Use by You only, You may use | |
Original Contributor's class, interface and package names | |
only to accurately reference or invoke the Source Code files | |
You modify. Original Contributor grants to You a litmited | |
license to the extent necessary for such purposes. | |
(iv) You expressly agree that any distribution, in whole or | |
in part, of Modifications developed by You shall only be | |
done pursuant to the term and conditions of this License. | |
e) Extensions. | |
(i) Covered Code. You may not include any Source Code of | |
Community Code in any Extensions; | |
(ii) Publication. No later than the date on which You first | |
distribute such Extension for Commercial Use, You must | |
publish to the industry, on a non-confidential basis and | |
free of all copyright restrictions with respect to | |
reproduction and use, an accurate and current specification | |
for any Extension. In addition, You must make available an | |
appropriate test suite, pursuant to the same rights as the | |
specification, sufficiently detailed to allow any third | |
party reasonably skilled in the technology to produce | |
implementations of the Extension compatible with the | |
specification. Such test suites must be made available as | |
soon as reasonably practicable but, in no event, later than | |
ninety (90) days after Your first Commercial Use of the | |
Extension. You must use reasonable efforts to promptly | |
clarify and correct the specification and the test suite | |
upon written request by Original Contributor. | |
(iii) Open. You agree to refrain from enforcing any | |
Intellectual Property Rights You may have covering any | |
interface(s) of Your Extension, which would prevent the | |
implementation of such interface(s) by Original Contributor | |
or any Licensee. This obligation does not prevent You from | |
enforcing any Intellectual Property Right You have that | |
would otherwise be infringed by an implementation of Your | |
Extension. | |
(iv) Class, Interface and Package Naming. You may not add | |
any packages, or any public or protected classes or | |
interfaces with names that originate or might appear to | |
originate from Original Contributor including, without | |
limitation, package or class names which begin with "sun", | |
"java", "javax", "jini", "net.jini", "com.sun" or their | |
equivalents in any subsequent class, interface and/ or | |
package naming convention adopted by Original Contributor. | |
It is specifically suggested that You name any new packages | |
using the "Unique Package Naming Convention" as described in | |
"The Java Language Specification" by James Gosling, Bill | |
Joy, and Guy Steele, ISBN 0-201-63451-1, August 1996. | |
Section 7.7 "Unique Package Names", on page 125 of this | |
specification which states, in part: | |
"You form a unique package name by first having (or | |
belonging to an organization that has) an Internet domain | |
name, such as "sun.com". You then reverse the name, | |
component by component, to obtain, in this example, | |
"Com.sun", and use this as a prefix for Your package names, | |
using a convention developed within Your organization to | |
further administer package names." | |
3.2 Additional Requirements and Responsibilities. Any | |
additional requirements and responsibilities relating to the | |
Technology are listed in Attachment F (Additional | |
Requirements and Responsibilities), if applicable, and are | |
hereby incorporated into this Section 3. | |
4. Versions of the License. | |
4.1 License Versions. Original Contributor may publish | |
revised versions of the License from time to time. Each | |
version will be given a distinguishing version number. | |
4.2 Effect. Once a particular version of Covered Code has | |
been provided under a version of the License, You may always | |
continue to use such Covered Code under the terms of that | |
version of the License. You may also choose to use such | |
Covered Code under the terms of any subsequent version of | |
the License. No one other than Original Contributor has the | |
right to promulgate License versions. | |
5. Disclaimer of Warranty. | |
5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," | |
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, | |
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED | |
CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR | |
PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE | |
RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED | |
CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY | |
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF | |
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO | |
THIS DISCLAIMER. | |
5.2 You acknowledge that Original Code, Upgraded Code and | |
Specifications are not designed or intended for use in (i) | |
on-line control of aircraft, air traffic, aircraft | |
navigation or aircraft communications; or (ii) in the | |
design, construction, operation or maintenance of any | |
nuclear facility. Original Contributor disclaims any | |
express or implied warranty of fitness for such uses. | |
6. Termination. | |
6.1 By You. You may terminate this Research Use license at | |
anytime by providing written notice to Original Contributor. | |
6.2 By Original Contributor. This License and the rights | |
granted hereunder will terminate: | |
(i) automatically if You fail to comply with the terms of | |
this License and fail to cure such breach within 30 days of | |
receipt of written notice of the breach; | |
(ii) immediately in the event of circumstances specified in | |
Sections 7.1 and 8.4; or | |
(iii) at Original Contributor's discretion upon any action | |
initiated in the first instance by You alleging that use or | |
distribution by Original Contributor or any Licensee, of | |
Original Code, Upgraded Code, Error Corrections or Shared | |
Modifications contributed by You, or Specifications, | |
infringe a patent owned or controlled by You. | |
6.3 Effective of Termination. Upon termination, You agree | |
to discontinue use and return or destroy all copies of | |
Covered Code in your possession. All sublicenses to the | |
Covered Code which you have properly granted shall survive | |
any termination of this License. Provisions which, by their | |
nature, should remain in effect beyond the termination of | |
this License shall survive including, without limitation, | |
Sections 2.2, 3, 5, 7 and 8. | |
6.4 Each party waives and releases the other from any claim | |
to compensation or indemnity for permitted or lawful | |
termination of the business relationship established by this | |
License. | |
7. Liability. | |
7.1 Infringement. Should any of the Original Code, Upgraded | |
Code, TCK or Specifications ("Materials") become the subject | |
of a claim of infringement, Original Contributor may, at its | |
sole option, (i) attempt to procure the rights necessary for | |
You to continue using the Materials, (ii) modify the | |
Materials so that they are no longer infringing, or (iii) | |
terminate Your right to use the Materials, immediately upon | |
written notice, and refund to You the amount, if any, having | |
then actually been paid by You to Original Contributor for | |
the Original Code, Upgraded Code and TCK, depreciated on a | |
straight line, five year basis. | |
7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY | |
APPLICABLE LAW, ORIGINAL CONTRIBUTOR's LIABILITY TO YOU FOR | |
CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN | |
TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE | |
AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL | |
CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE | |
PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO | |
EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR | |
ERROR CORRECTIONS) OR SUN BE LIABLE FOR ANY INDIRECT, | |
PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN | |
CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, | |
WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER | |
ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF | |
LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT | |
LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, | |
WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED | |
OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE | |
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. | |
8. Miscellaneous. | |
8.1 Trademark. You agree to comply with the then current | |
Sun Trademark & Logo Usage Requirements accessible through | |
the SCSL Webpage. Except as expressly provided in the | |
License, You are granted no right, title or license to, or | |
interest in, any Sun Trademarks. You agree not to (i) | |
challenge Original Contributor's ownership or use of Sun | |
Trademarks; (ii) attempt to register any Sun Trademarks, or | |
any mark or logo substantially similar thereto; or (iii) | |
incorporate any Sun Trademarks into your own trademarks, | |
product names, service marks, company names, or domain | |
names. | |
8.2 Integration. This License represents the complete | |
agreement concerning the subject matter hereof. | |
8.3 Assignment. Original Contributor may assign this | |
License, and its rights and obligations hereunder, in its | |
sole discretion. You may assign the Research Use portions | |
of this License to a third party upon prior written notice | |
to Original Contributor (which may be provided via the | |
Community Web-Server). You may not assign the Commercial | |
Use license or TCK license, including by way of merger | |
(regardless of whether You are the surviving entity) or | |
acquisition, without Original Contributor's prior written | |
consent. | |
8.4 Severability. If any provision of this License is held | |
to be unenforceable, such provision shall be reformed only | |
to the extent necessary to make it enforceable. | |
Notwithstanding the foregoing, if You are prohibited by law | |
from fully and specifically complying with Sections 2.2 or | |
3, this License will immediately terminate and You must | |
immediately discontinue any use of Covered Code. | |
8.5 Governing Law. This License shall be governed by the | |
laws of the United States and the State of California, as | |
applied to contracts entered into and to be performed in | |
California between California residents. The application of | |
the United Nations Convention on Contracts for the | |
International Sale of Goods is expressly excluded. | |
8.6 Dispute Resolution. | |
a) Any dispute arising out of or relating to this License | |
shall be finally settled by arbitration as set out herein, | |
except that either party may bring any action, in a court of | |
competent jurisdiction (which jurisdiction shall be | |
exclusive), with respect to any dispute relating to such | |
party's Intellectual Property Rights or with respect to Your | |
compliance with the TCK license. Arbitration shall be | |
administered: (i) by the American Arbitration Association | |
(AAA), (ii) in accordance with the rules of the United | |
Nations Commission on International Trade Law (UNCITRAL) | |
(the "Rules") in effect at the time of arbitration as | |
modified herein; and (iii) the arbitrator will apply the | |
substantive laws of California and United States. Judgement | |
upon the award rendered by the arbitrator may be entered in | |
any court having jurisdiction to enforce such award. | |
b) All arbitration proceedings shall be conducted in English | |
by a single arbitrator selected in accordance with the | |
Rules, who must be fluent in English and be either a | |
retired judge or practicing attorney having at least ten | |
(10) years litigation experience and be reasonably familiar | |
with the technology matters relative to the dispute. | |
Unless otherwise agreed, arbitration venue shall be in | |
London, Tokyo, or San Francisco, whichever is closest to | |
defendant's principal business office. The arbitrator may | |
award monetary damages only and nothing shall preclude | |
either party from seeking provisional or emergency relief | |
from a court of competent jurisdiction. The arbitrator | |
shall have no authority to award damages in excess of those | |
permitted in this License and any such award in excess is | |
void. All awards will be payable in U.S. dollars and may | |
include, for the prevailing party (i) pre-judgment award | |
interest, (ii) reasonable attorneys' fees incurred in | |
connection with the arbitration, and (iii) reasonable costs | |
and expenses incurred in enforcing the award. The | |
arbitrator will order each party to produce identified | |
documents and respond to no more than twenty-five single | |
question interrogatories. | |
8.7 Construction. Any law or regulation which provides that | |
the language of a contract shall be construed against the | |
drafter shall not apply to this License. | |
8.8 U.S. Government End Users. The Covered Code is a | |
"commercial item," as that term is defined in 48 C.F.R. | |
2.101 (Oct. 1995), consisting of "commercial computer | |
software" and "commercial computer software documentation," | |
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). | |
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 | |
through 227.7202-4 (June 1995), all U.S. Government End | |
Users acquire Covered Code with only those rights set forth | |
herein. You agree to pass this notice to Your licensees. | |
8.9 Press Announcements. All press announcements relative | |
to the execution of this License must be reviewed and | |
approved by Original Contributor and You prior to release. | |
8.10 International Use. | |
a) Export/Import laws. Covered Code is subject to U.S. | |
export control laws and may be subject to export or import | |
regulations in other countries. Each party agrees to comply | |
strictly with all such laws and regulations and acknowledges | |
their responsibility to obtain such licenses to export, | |
re-export, or import as may be required. You agree to pass | |
these obligations to Your licensees. | |
b) Intellectual Property Protection. Due to limited | |
intellectual property protection and enforcement in certain | |
countries, You agree not to redistribute the Original Code, | |
Upgraded Code, TCK and Specifications to any country other | |
than the list of restricted countries on the SCSL Webpage. | |
8.11 Language. This License is in the English language | |
only, which language shall be controlling in all respects, | |
and all versions of this License in any other language shall | |
be for accommodation only and shall not be binding on the | |
parties to this License. All communications and notices | |
made or given pursuant to this License, and all | |
documentation and support to be provided, unless otherwise | |
noted, shall be in the English language. | |
PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY | |
CLICKING ON THE "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND | |
AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE WITH | |
SUN MICROSYSTEMS, INC. IF YOU ARE AGREEING TO THIS LICENSE | |
ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE | |
AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER | |
YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A | |
COMPANY, YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE | |
COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT MEET THIS | |
CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND | |
CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO | |
EXIT. | |
ACCEPT REJECT | |
GLOSSARY | |
1. "Commercial Use" means any use (excluding Internal | |
Deployment Use) or distribution, directly or indirectly of | |
Compliant Covered Code by You to any third party, alone or | |
bundled with any other software or hardware, for direct or | |
indirect commercial or strategic gain or advantage, subject | |
to execution of Attachment D by You and Original | |
Contributor. | |
2. "Community Code" means the Original Code, Upgraded Code, | |
Error Corrections, Shared Modifications, or any combination | |
thereof. | |
3. "Community Webserver(s)" means the webservers designated | |
by Original Contributor for posting Error Corrections and | |
Shared Modifications. | |
4. "Compliant Covered Code" means Covered Code that | |
complies with the requirements of the TCK. | |
5. "Contributor" means each Licensee that creates or | |
contributes to the creation of any Error Correction or | |
Shared Modification. | |
6. "Covered Code" means the Original Code, Upgraded Code, | |
Modifications, or any combination thereof. | |
7. "Error Correction" means any change made to Community | |
Code which conforms to the Specification and corrects the | |
adverse effect of a failure of Community Code to perform any | |
function set forth in or required by the Specifications. | |
7. "Executable" means Covered Code that has been converted | |
to a form other than Source Code. | |
9. "Extension(s)" means any additional classes or other | |
programming code and/or interfaces developed by or for You | |
which: (i) are designed for use with the Technology; (ii) | |
constitute an API for a library of computing functions or | |
services; and (iii) are disclosed to third party software | |
developers for the purpose of developing software which | |
invokes such additional classes or other programming code | |
and/or interfaces. The foregoing shall not apply to | |
software development by Your subcontractors to be | |
exclusively used by You. | |
10. "Intellectual Property Rights" means worldwide | |
statutory and common law rights associated solely with (i) | |
patents and patent applications; (ii) works of authorship | |
including copyrights, copyright applications, copyright | |
registrations and "moral rights"; (iii) the protection of | |
trade and industrial secrets and confidential information; | |
and (iv) divisions, continuations, renewals, and | |
re-issuances of the foregoing now existing or acquired in | |
the future. | |
11. "Internal Deployment Use" means use of Compliant | |
Covered Code (excluding Research Use) within Your business | |
or organization only by Your employees and/or agents, | |
subject to execution of Attachment C by You and Original | |
Contributor, if required. | |
12. "Licensee" means any party that has entered into and | |
has in effect a version of this License with Original | |
Contributor. | |
13. "Modification(s)" means (i) any change to Covered Code; | |
(ii) any new file or other representation of computer | |
program statements that contains any portion of Covered | |
Code; and/or (iii) any new Source Code implementing any | |
portion of the Specifications. | |
14. "Original Code" means the initial Source Code for the | |
Technology as described on the Technology Download Site. | |
15. "Original Contributor" means Sun Microsystems, Inc., | |
its affiliates and its successors and assigns. | |
16. "Reformatted Specifications" means any revision to the | |
Specifications which translates or reformats the | |
Specifications (as for example in connection with Your | |
documentation) but which does not alter, subset or superset | |
the functional or operational aspects of the Specifications. | |
17. "Research Use" means use and distribution of Covered | |
Code only for Your research, development, educational or | |
personal and individual use, and expressly excludes Internal | |
Deployment Use and Commercial Use. | |
18. "SCSL Webpage" means the Sun Community Source license | |
webpage located at http://sun.com/software/communitysource, | |
or such other url that Sun may designate from time to time. | |
19. "Shared Modifications" means Modifications provided by | |
You, at Your option, pursuant to Section 2.2, or received by | |
You from a Contributor pursuant to Section 2.3. | |
20. "Source Code" means computer program statements written | |
in any high-level, readable form suitable for modification | |
and development. | |
21. "Specifications" means the specifications for the | |
Technology and other documentation, as designated on the | |
Technology Download Site, as may be revised by Original | |
Contributor from time to time. | |
22. "Sun Trademarks" means Original Contributor's SUN, | |
JAVA, and JINI trademarks and logos, whether now used or | |
adopted in the future. 23. "Technology" means the | |
technology described in Attachment B, and Upgrades. | |
24. "Technology Compatibility Kit" or "TCK" means the test | |
programs, procedures and/or other requirements, designated | |
by Original Contributor for use in verifying compliance of | |
Covered Code with the Specifications, in conjunction with | |
the Original Code and Upgraded Code. Original Contributor | |
may, in its sole discretion and from time to time, revise a | |
TCK to correct errors and/or omissions and in connection | |
with Upgrades. | |
25. "Technology Download Site" means the site(s) designated | |
by Original Contributor for access to the Original Code, | |
Upgraded Code, TCK and Specifications. | |
26. "Upgrade(s)" means new versions of Technology | |
designated exclusively by Original Contributor as an | |
"Upgrade" and released by Original Contributor from time to | |
time. | |
27. "Upgraded Code" means the Source Code for Upgrades, | |
possibly including Modifications made by Contributors. | |
28. "You(r)" means an individual, or a legal entity acting | |
by and through an individual or individuals, exercising | |
rights either under this License or under a future version | |
of this License issued pursuant to Section 4.1. For legal | |
entities, "You(r)" includes any entity that by majority | |
voting interest controls, is controlled by, or is under | |
common control with You. | |
ATTACHMENT A | |
REQUIRED NOTICES | |
ATTACHMENT A-1 | |
REQUIRED IN ALL CASES | |
"The contents of this file, or the files included with this | |
file, are subject to the current version of Sun Community | |
Source License for [fill in name of applicable Technology] | |
(the "License"); You may not use this file except in | |
compliance with the License. You may obtain a copy of the | |
License at http://sun.com/software/communitysource. See the | |
License for the rights, obligations and limitations | |
governing use of the contents of the file. | |
The Original and Upgraded Code is [fill in name and version | |
of applicable Technology]. The developer of the Original | |
and Upgraded Code is Sun Microsystems, Inc. Sun | |
Microsystems, Inc. owns the copyrights in the portions it | |
created. All Rights Reserved. | |
Contributor(s): | |
_______________________________________________ | |
Associated Test Suite(s) Location: | |
________________________________ | |
ATTACHMENT A-2 | |
SAMPLE LICENSEE CERTIFICATION | |
"By clicking the `Agree' button below, You certify that You | |
are a Licensee in good standing under the Sun Community | |
Source License, [fill in applicable Technology and Version] | |
("License") and that Your access, use and distribution of | |
code and information You may obtain at this site is subject | |
to the License." | |
ATTACHMENT A-3 | |
REQUIRED STUDENT NOTIFICATION | |
"This software and related documentation has been obtained | |
by your educational institution subject to the Sun Community | |
Source License, [fill in applicable Technology]. You have | |
been provided access to the software and related | |
documentation for use only in connection with your course | |
work and research activities as a matriculated student of | |
your educational institution. Any other use is expressly | |
prohibited. | |
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY | |
MATERIAL OF SUN MICROSYSTEMS, INC, WHICH ARE PROTECTED BY | |
VARIOUS INTELLECTUAL PROPERTY RIGHTS. | |
You may not use this file except in compliance with the | |
License. You may obtain a copy of the License on the web at | |
http://sun.com/software/communitysource." | |
ATTACHMENT B | |
Java(tm) 2 SDK Technology | |
Description of "Technology" | |
Java(tm) 2 SDK Technology v.1.2 as described on the | |
Technology Download Site. | |
ATTACHMENT C | |
INTERNAL DEPLOYMENT USE | |
This Attachment C is only effective for the Technology | |
specified in Attachment B, upon execution of Attachment D | |
(Commercial Use License) including the requirement to pay | |
royalties. In the event of a conflict between the terms of | |
this Attachment C and Attachment D, the terms of Attachment | |
D shall govern. | |
1. Internal Deployment License Grant. Subject to Your | |
compliance with Section 2 below, and Section 8.10 of the | |
Research Use license; in addition to the Research Use | |
license and the TCK license, Original Contributor grants to | |
You a worldwide, non-exclusive license, to the extent of | |
Original Contributor's Intellectual Property Rights covering | |
the Original Code, Upgraded Code and Specifications, to do | |
the following: | |
a) reproduce and distribute internally, Original Code and | |
Upgraded Code as part of Compliant Covered Code, and | |
Specifications, for Internal Deployment Use, | |
b) compile such Original Code and Upgraded Code, as part of | |
Compliant Covered Code, and reproduce and distribute | |
internally the same in Executable form for Internal | |
Deployment Use, and | |
c) reproduce and distribute internally, Reformatted | |
Specifications for use in connection with Internal | |
Deployment Use. | |
2. Additional Requirements and Responsibilities. In | |
addition to the requirements and responsibilities described | |
under Section 3.1 of the Research Use license, and as a | |
condition to exercising the rights granted under Section 3 | |
above, You agree to the following additional requirements | |
and responsibilities: | |
2.1 Compatibility. All Covered Code must be Compliant | |
Covered Code prior to any Internal Deployment Use or | |
Commercial Use, whether originating with You or acquired | |
from a third party. Successful compatibility testing must | |
be completed in accordance with the TCK License. If You | |
make any further Modifications to any Covered Code | |
previously determined to be Compliant Covered Code, you must | |
ensure that it continues to be Compliant Covered Code. | |
ATTACHMENT D COMMERCIAL USE LICENSE | |
1. Effect. This Attachment D is effective only if signed | |
below by You and Original Contributor, and applies to Your | |
Commercial Use of Original Code and Upgraded Code. | |
2. Term. Upon execution of this Attachment D by You and | |
Original Contributor, this Commercial Use license shall have | |
an initial term of 3 years and shall automatically renew for | |
additional one year terms unless either party provides | |
notice to the other no less than 60 days prior to an | |
anniversary date. | |
3. Commercial Use License Grant. Subject to Your | |
compliance with Section 4 below, Section 8.10 of the | |
Research Use license, and the TCK license; in addition to | |
the Research Use license, the TCK license, and the Internal | |
Deployment Use license, Original Contributor grants to You a | |
worldwide, non-exclusive, non-transferable license, to the | |
extent of Original Contributor's Intellectual Property | |
Rights covering the Original Code, Upgraded Code and | |
Specifications, to do the following: | |
a) reproduce and distribute Compliant Covered Code; | |
b) compile Compliant Covered Code and reproduce and | |
distribute the same in Executable form through multiple | |
tiers of distribution; and | |
c) reproduce and distribute Reformatted Specifications in | |
association with Compliant Covered Code. | |
4. Additional Requirements and Responsibilities. In | |
addition to the requirements and responsibilities specified | |
in the Research Use license, the TCK license and the | |
Internal Deployment license, and as a condition to | |
exercising the rights granted in Section 3 above, You agree | |
to the following additional requirements and | |
responsibilities: | |
a) Distribution of Source Code. Source Code of Compliant | |
Covered Code may be distributed only to another Licensee of | |
the same Technology. | |
b) Distribution of Executable Code. You may distribute the | |
Executable version(s) of Compliant Covered Code under a | |
license of Your choice, which may contain terms different | |
from this License, provided (i) that You are in compliance | |
with the terms of this License, and (ii) You must make it | |
absolutely clear that any terms which differ from this | |
License are offered by You alone, not by Original | |
Contributor or any other Contributor. | |
c) Branding. Products integrating Compliant Covered Code | |
used for Commercial Use must be branded with the Technology | |
compliance logo under a separate trademark license required | |
to be executed by You and Original Contributor concurrent | |
with execution of this Attachment D. | |
5. Indemnity/Limitation of Liability. The provisions of | |
Section 7.1 of the Research Use license are superseded by | |
the following: | |
a) Your Indemnity Obligation. You hereby agree to defend, | |
at Your expense, any legal proceeding brought against | |
Original Contributor or any Licensee to the extent it is | |
based on a claim: (i) that the use, reproduction or | |
distribution of any of Your Error Corrections or Shared | |
Modifications is an infringement of a third party trade | |
secret or a copyright in a country that is a signatory to | |
the Berne Convention; (ii) arising in connection with any | |
representation, warranty, support, indemnity, liability or | |
other license terms You may offer in connection with any | |
Covered Code; or (iii) arising from Your Commercial Use of | |
Covered Code, other than a claim covered by Section 5.b) | |
below, or a patent claim based solely on Covered Code not | |
provided by You. You will pay all damages costs and fees | |
awarded by a court of competent jurisdiction, or such | |
settlement amount negotiated by You, attributable to such | |
claim. | |
b) Original Contributor's Indemnity Obligation. Original | |
Contributor will defend, at its expense, any legal | |
proceeding brought against You, to the extent it is based on | |
a claim that Your authorized Commercial Use of Original Code | |
and Upgraded Code is an infringement of a third party trade | |
secret or a copyright in a country that is a signatory to | |
the Berne Convention, and will pay all damages costs and | |
fees awarded by a court of competent jurisdiction, or such | |
settlement amount negotiated by Original Contributor, | |
attributable to such claim. The foregoing shall not apply | |
to any claims of intellectual property infringement based | |
upon the combination of code or documentation supplied by | |
Original Contributor with code, technology or documentation | |
from other sources. | |
c) Right of Intervention. Original Contributor will have | |
the right, but not the obligation, to defend You, at | |
Original Contributor's expense, in connection with a claim | |
that Your Commercial Use of Original Code and Upgraded Code | |
is an infringement of a third party patent and will, if | |
Original Contributor chooses to defend You, pay all damages | |
costs and fees awarded by a court of competent jurisdiction, | |
or such settlement amount negotiated by Original | |
Contributor, attributable to such claim. | |
d) Prerequisites. Under Sections 5.b) and c) above, You | |
must, and under Section 5.a) above, Original Contributor or | |
any Licensee must: (i) provide notice of the claim promptly | |
to the party providing an indemnity; (ii) give the | |
indemnifying party sole control of the defense and | |
settlement of the claim; (iii) provide the indemnifying | |
party, at indemnifying party's expense, all available | |
information, assistance and authority to defend; and (iv) | |
not have compromised or settled such claim or proceeding | |
without the indemnifying party's prior written consent. | |
e) Additional Remedies. Should any Original Code, Upgraded | |
Code, TCK, Specifications, or Modifications become, or in | |
the indemnifying party's opinion be likely to become, the | |
subject of a claim of infringement for which indemnity is | |
provided above, the indemnifying party may, at its sole | |
option, attempt to procure on reasonable terms the rights | |
necessary for the indemnified party to exercise its license | |
rights under this License with respect to the infringing | |
items, or to modify the infringing items so that they are no | |
longer infringing without substantially impairing their | |
function or performance. If the indemnifying party is | |
unable to do the foregoing after reasonable efforts, then | |
the indemnifying party may send a notice of such inability | |
to the indemnified party together with a refund of any | |
license fees received by the indemnifying party from the | |
indemnified party for the infringing items applicable to the | |
indemnified party's future use or distribution of such | |
infringing items, in which case the indemnif ying party will | |
not be liable for any damages resulting from infringing | |
activity with respect to the infringing items occurring | |
after such notice and refund. | |
6. Support Programs. | |
Support to You. Technical support is not provided to You by | |
Original Contributor under this License. You may contract | |
for one or more support programs from Original Contributor | |
relating to the Technology which are described on the SCSL | |
Webpage. | |
Customer Support. You are responsible for providing | |
technical and maintenance support services to Your customers | |
for Your products and services incorporating the Compliant | |
Covered code. | |
7. Royalties and Payments. | |
Technology specified in Attachment B. | |
Field of Use:____________________ | |
Royalty per Unit $_____________ | |
b) Royalty Payments. Payment of royalties shall be made | |
quarterly, shall be due thirty (30) days following the end | |
of the calendar quarter to which they relate and shall be | |
submitted with a written statement documenting the basis for | |
the royalty calculation. | |
c) Taxes. All payments required by this License shall be | |
made in United States dollars, are exclusive of taxes, and | |
Licensee agrees to bear and be responsible for the payment | |
of all such taxes, including, but not limited to, all sales, | |
use, rental receipt, personal property or other taxes and | |
their equivalents which may be levied or assessed in | |
connection with this License (excluding only taxes based on | |
Original Contributor's net income). To the extent Licensee | |
is required to withhold taxes based upon Original | |
Contributor's income in any country, You agree to provide | |
Original Contributor with written evidence of such | |
withholding, suitable for Original Contributor to obtain a | |
tax credit in the United States. | |
d) Records. You agree to maintain account books and records | |
consistent with Generally Accepted Accounting Principles | |
appropriate to Your domicile, as may be in effect from time | |
to time, sufficient to allow the correctness of the | |
royalties required to be paid pursuant to this License to be | |
determined. | |
e) Audit Rights. Original Contributor shall have the right | |
to audit such accounts upon reasonable prior notice using an | |
independent auditor of Original Contributor's choice (the | |
"Auditor"). The Auditor shall be bound to keep confidential | |
the details of Your business affairs and to limit disclosure | |
of the results of any audit to the sufficiency of the | |
accounts and the amount, if any, of a payment adjustment | |
that should be made. Such audits shall not occur more than | |
once each year (unless discrepancies are discovered in | |
excess of the five percent (5%) threshold set forth in | |
Section 7.f) below, in which case two consecutive quarters | |
per year may be audited). Except as set forth in Section | |
7.f) below, Original Contributor shall bear all costs and | |
expenses associated with the exercise of its rights to | |
audit. | |
f) Payment Errors. In the event that any errors in payments | |
shall be determined, such errors shall be corrected by | |
appropriate adjustment in payment for the quarterly period | |
during which the error is discovered. In the event of an | |
underpayment of more than five percent (5%) of the proper | |
amount owed, upon such underpayment being properly | |
determined by the Auditor, You agree to reimburse Original | |
Contributor the amount of the underpayment and all | |
reasonable costs and expenses associated with the exercise | |
of its rights to audit, and interest on the overdue amount | |
at the maximum allowable interest rate from the date of | |
accrual of such obligation. | |
8. Notice of Breach or Infringement. Each party shall | |
notify the other immediately in writing when it becomes | |
aware of any breach or violation of the terms of this | |
License, or when You become aware of any potential or actual | |
infringement by a third party of the Technology or Sun's | |
Intellectual Property Rights therein. | |
9. Proprietary Rights Notices. You may not remove any | |
copyright notices, trademark notices or other proprietary | |
legends of Original Contributor or its suppliers contained | |
on or in the Original Code, Upgraded Code and | |
Specifications. | |
10. Notices. All written notices required by this License | |
must be delivered in person or by means evidenced by a | |
delivery receipt and will be effective upon receipt by the | |
persons at the addresses specified below. | |
Original Contributor: You: | |
Sun Microsystems, Inc. _____________________________ | |
901 San Antonio Road ______________________________ | |
Palo Alto, California 94303 ______________________________ | |
Attn.: VP, Sun Software and Technology Sales | |
______________________________ | |
cc: Sun Software and Technology, General Counsel | |
11. Disclaimer of Agency. The relationship created hereby | |
is that of licensor and licensee and the parties hereby | |
acknowledge and agree that nothing herein shall be deemed to | |
constitute You as a franchisee of Original Contributor. You | |
hereby waive the benefit of any state or federal statutes | |
dealing with the establishment and regulation of franchises. | |
Agreed: | |
You: Original Contributor: | |
_____________________________ Sun Microsystems, Inc. | |
(Your Name) By:________________________ | |
By:________________________ | |
Title_________________________ Title:_____________________ | |
Date:_________________________ Date:______________________ | |
ATTACHMENT E TECHNOLOGY COMPATIBILITY KIT | |
The following license is effective for the Java(tm)2 SDK | |
Version 1.2 Technology Compatibility Kit only upon execution | |
of a separate support agreement between You and Original | |
Contributor (subject to an annual fee) as described on the | |
SCSL Webpage. The Technology Compatibility Kit for the | |
Technology specified in Attachment B may be accessed at the | |
Technology Download Site only upon execution of the support | |
agreement. | |
1. TCK License. | |
a) Subject to the restrictions set forth in Section 1.b | |
below and Section 8.10 of the Research Use license, in | |
addition to the Research Use license, Original Contributor | |
grants to You a worldwide, non-exclusive, non-transferable | |
license, to the extent of Original Contributor's | |
Intellectual Property Rights in the TCK (without the right | |
to sublicense), to use the TCK to develop and test Covered | |
Code. | |
b) TCK Use Restrictions. You are not authorized to create | |
derivative works of the TCK or use the TCK to test any | |
implementation of the Specification that is not Covered | |
Code. You may not publish your test results or make claims | |
of comparative compatibility with respect to other | |
implementations of the Specification. In consideration for | |
the license grant in Section 1.a above you agree not to | |
develop your own tests which are intended to validate | |
conformation with the Specification. | |
2. Requirements for Determining Compliance. | |
2.1 Definitions. | |
a) "Added Value" means code which: | |
(i) has a principal purpose which is substantially different | |
from that of the stand-alone Technology; | |
(ii) represents a significant functional and value | |
enhancement to the Technology; | |
(iii) operates in conjunction with the Technology; and | |
(iv) is not marketed as a technology which replaces or | |
substitutes for the Technology. | |
b) "Java Classes" means the specific class libraries | |
associated with each Technology defined in Attachment B. | |
c) "Java Runtime Interpreter" means the program(s) which | |
implement the Java virtual machine for the Technology as | |
defined in the Specification. | |
d) "Platform Dependent Part" means those Original Code and | |
Upgraded Code files of the Technology which are not in a | |
"share" directory or subdirectory thereof. | |
e) "Shared Part" means those Original Code and Upgraded Code | |
files of the Technology which are identified as "shared" (or | |
words of similar meaning) or which are in any "share" | |
directory or subdirectory thereof, except those files | |
specifically designated by Original Contributor as | |
modifiable. | |
f) "User's Guide" means the users guide for the TCK which | |
Sun makes available to You to provide direction in how to | |
run the TCK and properly interpret the results, as may be | |
revised by Sun from time to time. | |
2.2 Development Restrictions. Compliant Covered Code: | |
a) must include Added Value; | |
b) must fully comply with the Specifications for the | |
Technology specified in Attachment B; | |
c) must include the Shared Part, complete and unmodified; | |
d) may not modify the functional behavior of the Java | |
Runtime Interpreter or the Java Classes; | |
e) may not modify, subset or superset the interfaces of the | |
Java Runtime Interpreter or the Java Classes; | |
f) may not subset or superset the Java Classes; and | |
g) may not modify or extend the required public class or | |
public interface declarations whose names begin with "java", | |
"javax", "jini", "net.jini", "sun.hotjava", "COM.sun" or | |
their equivalents in any subsequent naming convention. | |
2.3 Compatibility Testing. Successful compatibility testing | |
must be completed by You, or at Original Contributor's | |
option, a third party designated by Original Contributor, to | |
conduct such tests, in accordance with the User's Guide, and | |
using the most current version of the applicable TCK | |
available from Original Contributor one hundred twenty (120) | |
days (two hundred forty [240] days in the case of silicon | |
implementations) prior to: (i) Your Internal Deployment | |
Use; and (ii) each release of Compliant Covered Code by You | |
for Commercial Use. In the event that You elect to use a | |
version of Upgraded Code that is newer than that which is | |
required under this Section 2.3, then You agree to pass the | |
version of the TCK that corresponds to such newer version of | |
Upgraded Code. | |
2.4 Test Results. You agree to provide to Original | |
Contributor or the third party test facility if applicable, | |
Your test results that demonstrate that Covered Code is | |
Compliant Covered Code and that Original Contributor may | |
publish or otherwise distribute such test results. | |