| SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE |
| THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT |
| YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS |
| AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF |
| THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS |
| SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF |
| THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY |
| IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS |
| PAGE. |
| |
| Specification: JAVA PLATFORM, STANDARD EDITION |
| ("Specification") |
| |
| Version: 6 |
| |
| Status: Final Release |
| |
| Release: December 7, 2006 |
| |
| Copyright 2006 SUN MICROSYSTEMS, INC. |
| 4150 Network Circle, Santa Clara, California 95054, |
| U.S.A |
| All rights reserved. |
| |
| LIMITED LICENSE GRANTS |
| |
| 1. License for Evaluation Purposes. Sun hereby grants |
| you a fully-paid, non-exclusive, non-transferable, |
| worldwide, limited license (without the right to |
| sublicense), under Sun's applicable intellectual |
| property rights to view, download, use and reproduce |
| the Specification only for the purpose of internal |
| evaluation. This includes (i) developing applications |
| intended to run on an implementation of the |
| Specification, provided that such applications do not |
| themselves implement any portion(s) of the |
| Specification, and (ii) discussing the Specification |
| with any third party; and (iii) excerpting brief |
| portions of the Specification in oral or written |
| communications which discuss the Specification |
| provided that such excerpts do not in the aggregate |
| constitute a significant portion of the Specification. |
| |
| 2. License for the Distribution of Compliant |
| Implementations. Sun also grants you a perpetual, |
| non-exclusive, non-transferable, worldwide, fully |
| paid-up, royalty free, limited license (without the |
| right to sublicense) under any applicable copyrights |
| or, subject to the provisions of subsection 4 below, |
| patent rights it may have covering the Specification |
| to create and/or distribute an Independent |
| Implementation of the Specification that: (a) fully |
| implements the Specification including all its |
| required interfaces and functionality; (b) does not |
| modify, subset, superset or otherwise extend the |
| Licensor Name Space, or include any public or |
| protected packages, classes, Java interfaces, fields |
| or methods within the Licensor Name Space other than |
| those required/authorized by the Specification or |
| Specifications being implemented; and (c) passes the |
| Technology Compatibility Kit (including satisfying the |
| requirements of the applicable TCK Users Guide) for |
| such Specification ("Compliant Implementation"). In |
| addition, the foregoing license is expressly |
| conditioned on your not acting outside its scope. No |
| license is granted hereunder for any other purpose |
| (including, for example, modifying the Specification, |
| other than to the extent of your fair use rights, or |
| distributing the Specification to third parties). |
| Also, no right, title, or interest in or to any |
| trademarks, service marks, or trade names of Sun or |
| Sun's licensors is granted hereunder. Java, and |
| Java-related logos, marks and names are trademarks or |
| registered trademarks of Sun Microsystems, Inc. in the |
| U.S. and other countries. |
| |
| 3. Pass-through Conditions. You need not include |
| limitations (a)-(c) from the previous paragraph or any |
| other particular "pass through" requirements in any |
| license You grant concerning the use of your |
| Independent Implementation or products derived from |
| it. However, except with respect to Independent |
| Implementations (and products derived from them) that |
| satisfy limitations (a)-(c) from the previous |
| paragraph, You may neither: (a) grant or otherwise |
| pass through to your licensees any licenses under |
| Sun's applicable intellectual property rights; nor |
| (b) authorize your licensees to make any claims |
| concerning their implementation's compliance with the |
| Specification in question. |
| |
| 4. Reciprocity Concerning Patent Licenses. |
| |
| a. With respect to any patent claims covered |
| by the license granted under subparagraph 2 above that |
| would be infringed by all technically feasible |
| implementations of the Specification, such license is |
| conditioned upon your offering on fair, reasonable and |
| non-discriminatory terms, to any party seeking it from |
| You, a perpetual, non-exclusive, non-transferable, |
| worldwide license under Your patent rights which are |
| or would be infringed by all technically feasible |
| implementations of the Specification to develop, |
| distribute and use a Compliant Implementation. |
| |
| b With respect to any patent claims owned by |
| Sun and covered by the license granted under |
| subparagraph 2, whether or not their infringement can |
| be avoided in a technically feasible manner when |
| implementing the Specification, such license shall |
| terminate with respect to such claims if You initiate |
| a claim against Sun that it has, in the course of |
| performing its responsibilities as the Specification |
| Lead, induced any other entity to infringe Your patent |
| rights. |
| |
| c Also with respect to any patent claims |
| owned by Sun and covered by the license granted under |
| subparagraph 2 above, where the infringement of such |
| claims can be avoided in a technically feasible manner |
| when implementing the Specification such license, with |
| respect to such claims, shall terminate if You |
| initiate a claim against Sun that its making, having |
| made, using, offering to sell, selling or importing a |
| Compliant Implementation infringes Your patent rights. |
| |
| 5. Definitions. For the purposes of this Agreement: |
| "Independent Implementation" shall mean an |
| implementation of the Specification that neither |
| derives from any of Sun's source code or binary code |
| materials nor, except with an appropriate and separate |
| license from Sun, includes any of Sun's source code |
| or binary code materials; "Licensor Name Space" shall |
| mean the public class or interface declarations whose |
| names begin with "java", "javax", "com.sun" or their |
| equivalents in any subsequent naming convention |
| adopted by Sun through the Java Community Process, or |
| any recognized successors or replacements thereof; and |
| "Technology Compatibility Kit" or "TCK" shall mean the |
| test suite and accompanying TCK User's Guide provided |
| by Sun which corresponds to the Specification and |
| that was available either (i) from Sun's 120 days |
| before the first release of Your Independent |
| Implementation that allows its use for commercial |
| purposes, or (ii) more recently than 120 days from |
| such release but against which You elect to test Your |
| implementation of the Specification. |
| |
| This Agreement will terminate immediately without |
| notice from Sun if you breach the Agreement or act |
| outside the scope of the licenses granted above. |
| |
| DISCLAIMER OF WARRANTIES |
| |
| THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO |
| REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR |
| IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, |
| NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY |
| PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR |
| THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE |
| FOR ANY PURPOSE. This document does not represent any |
| commitment to release or implement any portion of the |
| Specification in any product. In addition, the |
| Specification could include technical inaccuracies or |
| typographical errors. |
| |
| LIMITATION OF LIABILITY |
| |
| TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL |
| SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, |
| INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR |
| DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, |
| INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND |
| REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF |
| OR RELATED IN ANY WAY TO YOUR HAVING, IMPELEMENTING OR |
| OTHERWISE USING USING THE SPECIFICATION, EVEN IF SUN |
| AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGES. |
| You will indemnify, hold harmless, and defend Sun and |
| its licensors from any claims arising or resulting |
| from: (i) your use of the Specification; (ii) the use |
| or distribution of your Java application, applet |
| and/or implementation; and/or (iii) any claims that |
| later versions or releases of any Specification |
| furnished to you are incompatible with the |
| Specification provided to you under this license. |
| |
| RESTRICTED RIGHTS LEGEND |
| |
| U.S. Government: If this Specification is being |
| acquired by or on behalf of the U.S. Government or by |
| a U.S. Government prime contractor or subcontractor |
| (at any tier), then the Government's rights in the |
| Software and accompanying documentation shall be only |
| as set forth in this license; this is in accordance |
| with 48 C.F.R. 227.7201 through 227.7202-4 (for |
| Department of Defense (DoD) acquisitions) and with 48 |
| C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). |
| |
| REPORT |
| |
| If you provide Sun with any comments or suggestions |
| concerning the Specification ("Feedback"), you hereby: |
| (i) agree that such Feedback is provided on a |
| non-proprietary and non-confidential basis, and (ii) |
| grant Sun a perpetual, non-exclusive, worldwide, fully |
| paid-up, irrevocable license, with the right to |
| sublicense through multiple levels of sublicensees, to |
| incorporate, disclose, and use without limitation the |
| Feedback for any purpose. |
| |
| GENERAL TERMS |
| |
| Any action related to this Agreement will be governed |
| by California law and controlling U.S. federal law. |
| The U.N. Convention for the International Sale of |
| Goods and the choice of law rules of any jurisdiction |
| will not apply. |
| |
| The Specification is subject to U.S. export control |
| laws and may be subject to export or import |
| regulations in other countries. Licensee agrees to |
| comply strictly with all such laws and regulations and |
| acknowledges that it has the responsibility to obtain |
| such licenses to export, re-export or import as may be |
| required after delivery to Licensee. |
| |
| This Agreement is the parties' entire agreement |
| relating to its subject matter. It supersedes all |
| prior or contemporaneous oral or written |
| communications, proposals, conditions, representations |
| and warranties and prevails over any conflicting or |
| additional terms of any quote, order, acknowledgment, |
| or other communication between the parties relating to |
| its subject matter during the term of this Agreement. |
| No modification to this Agreement will be binding, |
| unless in writing and signed by an authorized |
| representative of each party. |
| |
| |
| |
| Rev. April, 2006 |
| |