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Jini Technology Specific Attachment v 1.0
(SCSL3/Jini TSA 1.0)
Contents
I. Definitions
II. Purposes
III. Research Use Rights
IV. Restrictions & Community Responsibilities
V. Governance
Attachment A-1: Community Member Certificate
Attachment A-2: Student Acknowledgment
Attachment B: (Additional Terms/Responsibilities)
Commercial Use Supplement to Sun Community Source Code License
Technology Specific Attachment to the Sun Community Source License
I. DEFINITIONS
"Community Code" means Reference Code, Contributed Code, and any combination
thereof.
"Community Member" means You, Original Contributor and any other party that
has entered into and has in effect a version of this License (or who is
similarly authorized and obligated by Sun) for the Technology with Original
Contributor.
"Contributed Code" means Error Corrections, Shared Modifications and any other
code other than Reference Code made available to all Community Members in
accordance with this License.
"Contributed Code Specifications" means the functional, interface and
operational specifications and documentation for Contributed Code.
"Contributor" means any Community Member who makes available Contributed Code.
"Covered Code" means any and all code (including Modifications) implementing
all or any portion of the Technology Specifications.
"Error Correction(s)" mean Modifications which correct any failure of
Community Code to conform to any aspect of the Technology Specifications.
"Interfaces" means classes or other programming code or specifications
designed for use with the Technology comprising a means or link for invoking
functionality, operations or protocols and which are additional to or extend
the interfaces designated in the Technology Specifications.
"Modifications" means any (i) change or addition to Covered Code, or (ii) new
source or object code implementing any portion of the Technology
Specifications, but (iii) excluding any incorporated Reference Code.
"Original Contributor" means Sun Microsystems, Inc., its affiliates,
successors and assigns.
"Reference Code" means source code for the Technology designated by Original
Contributor at the Technology Site from time to time.
"Research Use" means research, evaluation, development, educational or
personal and individual use, excluding use or distribution for direct or
indirect commercial (including strategic) gain or advantage.
"Shared Modifications" means those Modifications which Community Members elect
to share with other Community Members pursuant to Section III.B.
"Technology Specifications" means the functional, interface and operational
specifications and documentation for the Technology designated by Original
Contributor at the Technology Site from time to time.
"Technology" means the technology described in and contemplated by the
Technology Specifications and which You have received pursuant to this
License.
"Technology Site" means the website designated by Original Contributor for
accessing Community Code and Technology Specifications.
"You" means the individual executing this license or the legal entity or
entities represented by the individual executing this license. "Your" is the
possessive of "You."
II. PURPOSES
Original Contributor is licensing the Reference Code and Technology
Specifications and is permitting implementation of Technology under and
subject to this Sun Community Source License (the "License") to promote
research, education, innovation and product development using the Technology.
COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY IS PERMITTED ONLY UNDER OPTIONAL
SUPPLEMENTS TO THIS LICENSE.
III. RESEARCH USE RIGHTS
A. From Original Contributor. Subject to and conditioned upon Your full
compliance with the terms and conditions of this License, including Sections
IV (Restrictions and Community Responsibilities) and V.E.7 (International
Use), Original Contributor:
1. grants to You a non-exclusive, worldwide and royalty-free license to the
extent of Original Contributor's copyrights and trade secret rights in and
covering the Reference Code and Technology Specifications to do the following
for Your Research Use only:
a) reproduce, prepare derivative works of, display and perform the Reference
Code, in whole or in part, alone or as part of Covered Code;
b) reproduce, prepare derivative works of and display the Technology
Specifications;
c) distribute source or object code copies of Reference Code, in whole or in
part, alone or as part Covered Code, to other Community Members or to
students; and
d) distribute object code copies of Reference Code, in whole or in part, alone
or as part of object code copies of Covered Code, to third parties.
2. will not, during the term of Your License, bring against You any claim
alleging that Your using, making, having made, importing or distributing
Community Code for Your Research Use, insofar as permitted under Section
III.A.1 of this License, necessarily infringes any patent now owned or
hereafter acquired by Original Contributor whose claims cover subject matter
contained in or embodied by the Reference Code or which would necessarily be
infringed by the use or distribution of any and all implementations of the
Technology Specifications.
3. grants to You a non-exclusive, worldwide and royalty-free license, to the
extent of its intellectual property rights therein, to use (a) Original
Contributor's class, interface and package names only insofar as necessary to
accurately reference or invoke Your Modifications for Research Use, and (b)
any associated software tools, documents and information provided by Original
Contributor at the Technology Site for use in exercising the above license
rights.
B. Contributed Code. Subject to and conditioned upon compliance with the terms
and conditions of this License, including Sections IV (Restrictions and
Community Responsibilities) and V.E.7 (International Use), each Community
Member:
1. grants to each Community Member a non-exclusive, worldwide and royalty-free
license to the extent of such Community Member's copyrights and trade secret
rights in and covering its Contributed Code, to reproduce, modify, display and
distribute Contributed Code, in whole or in part, in source code and object
code form, to the same extent as permitted under such Community Member's
License with Original Contributor (including all supplements thereto).
2. will not, during the term of the Community Member's License, bring against
any Community Member any claim alleging that using, making, having made,
importing or distributing Contributed Code as permitted under this License
(including any supplements) infringes any patents or patent applications now
owned or hereafter acquired by such Community Member which patents or patent
applications are infringed by using, making, having made, selling, offering
for sale, importing or otherwise transferring the Contributed Code ("Community
Member Patents"). This covenant shall apply to the combination of the
Contributed Code with other Covered Code if, at the time the Contributed Code
is posted, such addition of the Contributed Code causes such combination to be
covered by the Community Member Patents. The covenant shall not apply to any
other combinations which include the Contributed Code or to the use or
distribution of modified Contributed Code where the modifications made by the
! Community Member add to the functions performed by the Contributed Code in
question and where, in the absence of such modifications, there would be no
infringement of a Community Member Patent.
3. grants to Original Contributor, in addition to the rights set forth in
Sections III.B.1 and III.B.2, the right to sublicense all such rights in
Contributed Code, in whole or in part, as part of Reference Code or other
technologies based in whole or in part on Reference Code or Technology and to
copy, distribute, modify and prepare derivative works of Contributed Code
Specifications, in whole or in part, in connection with the exercise of such
rights.
C. Subcontracting. You may provide Covered Code to a contractor for the sole
purpose of providing development services exclusively to You consistent with
Your rights under this License. Such Contractor must be a Community Member or
have executed an agreement with You that is consistent with Your rights and
obligations under this License. Such subcontractor must assign exclusive
rights in all work product to You. You agree that such work product is to be
treated as Covered Code.
D. No Implied Licenses. Neither party is granted any right or license other
than the licenses and covenants expressly set out herein. Other than the
licenses and covenants expressly set out herein, Original Contributor retains
all right, title and interest in Reference Code and Technology Specifications
and You retain all right, title and interest in Your Modifications and
associated specifications. Except as expressly permitted herein, You must not
otherwise use any package, class or interface naming conventions that appear
to originate from Original Contributor.
IV. RESTRICTIONS AND COMMUNITY RESPONSIBILITIES
As a condition to Your license and other rights and immunities, You must
comply with the restrictions and responsibilities set forth below, as modified
or supplemented, if at all, in Attachment B, Additional Research Use Terms and
Conditions.
A. Source Code Availability. You must provide source code and any
specifications for Your Error Corrections to Original Contributor as soon as
practicable. You may provide other Contributed Code to Original Contributor at
any time, in Your discretion. Original Contributor may, in its discretion,
post Your Contributed Code and Contributed Code Specifications on the
Technology Site. You may post Your Contributed Code and/or Contributed Code
Specifications on another website of Your choice; provided, source code of
Community Code and Technology Specifications must be provided to Community
Members only and only following certification of Community Member status as
required under Section IV.D.
B. Notices. You must reproduce without alteration copyright and other
proprietary notices in any Covered Code that You distribute. The statement,
"Use and Distribution is subject to the Sun Community Source License available
at http://sun.com/software/communitysource" must appear prominently in Your
Modifications and, in all cases, in the same file as all Your copyright and
other proprietary notices.
C. Modifications. You must include a diff file with Your Contributed Code that
identifies and details the changes or additions You made, the version of
Reference Code or Contributed Code You used and the date of such changes or
additions. In addition, You must provide any Contributed Code Specifications
for Your Contributed Code. Your Modifications are Covered Code and You
expressly agree that use and distribution, in whole or in part, of Your
Modifications shall only be done in accordance with and subject to this
License.
D. Distribution Requirements. You may distribute object code of Covered Code
to third parties for Research Use only pursuant to a license of Your choice
which is consistent with this License. You may distribute source code of
Covered Code and the Technology Specifications for Research Use only to (i)
Community Members from whom You have first obtained a certification of status
in the form set forth in Attachment A-1, and (ii) students from whom You have
first obtained an executed acknowledgment in the form set forth in Attachment
A-2. You must keep a copy of each such certificate and acknowledgment You
obtain and provide a copy to Original Contributor, if requested.
E. Extensions.
1. You may create and add Interfaces but, unless expressly permitted at the
Technology Site, You must not incorporate any Reference Code in Your
Interfaces. If You choose to disclose or permit disclosure of Your Interfaces
to even a single third party for the purposes of enabling such third party to
independently develop and distribute (directly or indirectly) technology which
invokes such Interfaces, You must then make the Interfaces open by (a)
promptly following completion thereof, publishing to the industry, on a
non-confidential basis and free of all copyright restrictions, a reasonably
detailed, current and accurate specification for the Interfaces, and (b) as
soon as reasonably possible, but in no event more than thirty (30) days
following publication of Your specification, making available on reasonable
terms and without discrimination, a reasonably complete and practicable test
suite and methodology adequate to create and test implementations of the
Interfaces by a reasonably skilled technologist.
2. You shall not assert any intellectual property rights You may have covering
Your Interfaces which would necessarily be infringed by the creation, use or
distribution of all reasonable independent implementations of Your
specification of such Interfaces by a Community Member or Original
Contributor. Nothing herein is intended to prevent You from enforcing any of
Your intellectual property rights covering Your specific implementation of
Your Interfaces or functionality using such Interfaces other than as
specifically set forth in this Section IV.E.2.
V. GOVERNANCE.
A. License Versions.
Only Original Contributor may promulgate new versions of this License. Once
You have accepted Reference Code, Technology Specifications, Contributed Code
and/or Contributed Code Specifications under a version of this License, You
may continue to use such version of Reference Code, Technology Specifications,
Contributed Code and/or Contributed Code Specifications under that version of
the License. New code and specifications which You may subsequently choose to
accept will be subject to any new License in effect at the time of Your
acceptance of such code and specifications.
B. Disclaimer Of Warranties.
1. COVERED CODE, ALL TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE
SPECIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY SUCH
COVERED CODE, TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS
ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK
IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL COVERED CODE,
TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS UNDER THIS
LICENSE. NO USE OF ANY COVERED CODE, TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED
CODE SPECIFICATIONS IS AUTHORIZED EXCEPT SUBJECT TO AND IN CONSIDERATION FOR
THIS DISCLAIMER.
2. You understand that, although each Community Member grants the licenses set
forth in the License and any supplements hereto, no assurances are provided by
any Community Member that Covered Code or any specifications do not infringe
the intellectual property rights of any third party.
3. You acknowledge that Reference Code and Technology Specifications are
neither designed nor intended for use in the design, construction, operation
or maintenance of any nuclear facility.
C. Limitation Of Liability.
1. Infringement. Each Community Member disclaims any liability to all other
Community Members for claims brought by any third party based on infringement
of intellectual property rights. Original Contributor represents that, to its
knowledge, it has sufficient copyrights to allow You to use and distribute the
Reference Code as herein permitted (including as permitted in any Supplement
hereto) and You represent that, to Your knowledge, You have sufficient
copyrights to allow each Community Member and Original Contributor to use and
distribute Your Shared Modifications and Error Corrections as herein permitted
(including as permitted in any supplements to the License). You agree to
notify Original Contributor should You become aware of any potential or actual
infringement of the Technology or any of Original Contributor's intellectual
property rights in the Technology, Reference Code or Technology
Specifications.
2. Suspension. If any portion of, or functionality implemented by, the
Reference Code, Technology or Technology Specifications becomes the subject of
a claim or threatened claim of infringement ("Affected Materials"), Original
Contributor may, in its unrestricted discretion, suspend Your rights to use
and distribute the Affected Materials under this License. Such suspension of
rights will be effective immediately upon Original Contributor's posting of
notice of suspension on the Technology Site. Original Contributor has no
obligation to lift the suspension of rights relative to the Affected Materials
until a final, non-appealable determination is made by a court or governmental
agency of competent jurisdiction that Original Contributor is legally able,
without the payment of a fee or royalty, to reinstate Your rights to the
Affected Materials to the full extent contemplated hereunder. Upon such
determination, Original Contributor will lift the suspension by posting a
notice to such effect on the Technology Site. Nothing herein shall be
construed to prevent You, at Your option and expense, and subject to
applicable law and the restrictions and responsibilities set forth in this
License and any Supplements, from replacing Reference Code in Affected
Materials with non-infringing code or independently negotiating, without
compromising or prejudicing Original Contributor's position, to obtain the
rights necessary to use Affected Materials as herein permitted.
3. Disclaimer. ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS RELATING
TO THIS LICENSE OR ANY SUPPLEMENT HERETO, WHETHER FOR BREACH OR TORT, IS
LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS (US$1000.00) OR THE FULL AMOUNT
PAID BY YOU FOR THE MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO EVENT
WILL ORIGINAL CONTRIBUTOR 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 ECONOMIC
ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY
(including negligence), WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL
PURPOSE OF ANY REMEDY.
D. Termination.
You may terminate this License at any time by notifying Original Contributor
in writing.
All Your rights will terminate under this License if You fail to comply with
any of the material terms or conditions of this License and do not cure such
failure in a reasonable period of time after becoming aware of such
noncompliance.
If You institute patent litigation against a Community Member with respect to
a patent applicable to Community Code, then any patent licenses or covenants
granted by such Community Member to You under this License shall terminate as
of the date such litigation is filed. In addition, if You institute patent
litigation against any Community Member or Original Contributor alleging that
Reference Code, Technology or Technology Specifications infringe Your
patent(s), then the rights granted to You under Section III.A above will
terminate.
Upon termination, You must discontinue all uses and distribution of Community
Code, except that You may continue to use, reproduce, prepare derivative works
of, display and perform Your Modifications, so long as the license grants and
covenants of this license are not required to do so, for purposes other than
to implement functionality designated in any portion of the Technology
Specifications. Properly granted sublicenses to third parties will survive
termination. Provisions which, by their nature, should remain in effect
following termination survive.
E. Miscellaneous.
1. Trademark. You agree to comply with Original Contributors Trademark & Logo
Usage Requirements, as modified from time to time, available at the Technology
Site. Except as expressly provided in this License, You are granted no rights
in or to any Sun, Jini, Jiro or Java trademarks now or hereafter used or
licensed by Original Contributor (the "Sun Trademarks"). You agree not to (a)
challenge Original Contributor's ownership or use of Sun Trademarks; (b)
attempt to register any Sun Trademarks, or any mark or logo substantially
similar thereto; or (c) incorporate any Sun Trademarks into Your own
trademarks, product names, service marks, company names or domain names.
2. Integration and Assignment. Original Contributor may assign this Research
Use License to another by written notification to the other party. This
License represents the complete agreement of the parties concerning the
subject matter hereof.
3. Severability. If any provision of this License is held unenforceable, such
provision shall be reformed to the extent necessary to make it enforceable
unless to do so would defeat the intent of the parties, in which case, this
License shall terminate.
4. Governing Law. This License is governed by the laws of the United States
and the State of California, as applied to contracts entered into and
performed in California between California residents. The United Nations
Convention on Contracts for the International Sale of Goods shall not apply.
Nor shall any law or regulation which provides that a contract be construed
against the drafter.
5. Dispute Resolution.
a) Any dispute arising out of or relating to this License shall be finally
settled by arbitration as set forth in this Section, except that either party
may bring an action in a court of competent jurisdiction (which jurisdiction
shall be exclusive), relative to any dispute relating to such party's
intellectual property rights. Arbitration will 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, modified as set forth herein,
and (iii) by an arbitrator described in Section 5.b who shall apply the
governing laws required under Section V.E.4 above. Judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction to
enforce such award. The arbitrator must not award damages in excess of or of a
different type than those permitted by this License and any such award is
void.
b) All proceedings will be in English and conducted by a single arbitrator
selected in accordance with the Rules who is fluent in English, familiar with
technology matters pertinent in the dispute and is either a retired judge or
practicing attorney having at least ten (10) years litigation experience.
Venue for arbitration will be in San Francisco, California, unless the parties
agree otherwise. Each party will be required to produce documents relied upon
in the arbitration and to respond to no more than twenty-five single question
interrogatories. All awards are payable in US dollars and may include for the
prevailing party (i) pre-judgment interest, (ii) reasonable attorneys' fees
incurred in connection with the arbitration, and (iii) reasonable costs and
expenses incurred in enforcing the award.
6. U.S. Government. If this Software 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), the Government's rights in this Software and accompanying
documentation shall be only as set forth in this license, in accordance with
48 CFR 227.7201 through 227.7202-4 (for Department of Defense acquisitions)
and with 48 CFR 2.101 and 12.212 (for non-DoD acquisitions).
7. International Use.
(a) Covered Code is subject to US export control laws and may be subject to
export or import regulations in other countries. Each party shall comply fully
with all such laws and regulations and acknowledges its responsibility to
obtain such licenses to export, re-export or import as may be required. You
must pass through these obligations to all Your licensees.
(b) You must not distribute Reference Code or Technology Specifications into
countries other than those listed on the Technology Site by Original
Contributor, from time to time.
READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING.
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT
YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE LICENSE.
WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A COMPANY, YOU MUST BE OF
MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO CONTRACTS.
ATTACHMENT A-1
COMMUNITY MEMBER CERTIFICATE
You certify that You are a Licensee in good standing under the Sun Community
Source License for the ____________ Technology (fill in applicable Technology
and Version) (the "License") and that You agree to use and distribute code,
documentation and information You may obtain pursuant to this certification
only in accordance with the terms and subject to the conditions of the
License.
Signature:____________________
Printed Name and Title:_____________________
Company _____________________
ATTACHMENT A-2
STUDENT ACKNOWLEDGMENT
You acknowledge that this software and related documentation has been obtained
by your educational institution subject to the Sun Community Source License
(the "License"). You have been provided with access to the software and
documentation for use only in connection with your course work as a
matriculated student of your educational institution. Commercial use of the
software and documentation is expressly prohibited.
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIALS OF SUN
MICROSYSTEMS, INC. PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS. YOUR USE
OF THE SOFTWARE AND DOCUMENTATION IS LIMITED.
Signature:____________________
Printed Name :_____________________
ATTACHMENT B (ADDITIONAL TERMS/RESPONSIBILITIES): NONE
COMMERCIAL USE SUPPLEMENT TO SUN COMMUNITY SOURCE CODE LICENSE
GENERAL TERMS
I. PURPOSE AND EFFECT.
This Commercial Use Supplement General Terms ("CUSupp") is required for
Commercial Use of Covered Code and, once signed by You and Original
Contributor, is operative for all Technologies specified in all Technology
Specific Attachment(s) hereto. The rights and responsibilities set forth in
this CUSupp are additional to those in Your License.
II. DEFINITIONS.
"Commercial Use" means uses and distributions of Covered Code for any direct
or indirect commercial or strategic gain or advantage.
"Compliant Implementation" means Covered Code that fully implements the
Technology Specifications and complies with Sun's requirements.
"Compliance Materials" means the test programs, guides, documentation and
other materials identified in the Technology-Specific Attachment(s) for use in
establishing that Covered Code is a Compliant Implementation.
"Technology-Specific Attachment(s)" means an attachment or attachments to this
CUSupp which contains terms and conditions specific to the Technology therein
identified as well as the specifics of the Compliance Materials and
requirements for such Technology.
III. COMMERCIAL USE RIGHTS.
A. Commercial Use. Subject to and conditioned upon Your compliance with the
terms and conditions of Your Research Use license and the additional terms and
conditions set forth in this CUSupp and associated Technology-Specific
Attachment(s), including the provisions of Section IV, below, Original
Contributor hereby adds to those rights enumerated under Section III.A.1 of
the Research Use license the rights to, within the specified Field of Use
denoted in the Technology Specific Attachment:
e) use the Compliance Materials to determine whether Covered Code constitutes
a Compliant Implementation;
f) use, reproduce, display, perform and distribute internally source and
object code copies of Compliant Implementations for Commercial Use;
g) reproduce and distribute to third parties and Community Members through
multiple tiers of distribution object code copies of Compliant Implementations
for Commercial Use;
h) reproduce and distribute the source code of Compliant Implementations to
Community Members licensed for Commercial Use of the same Technology; and
i) reproduce and distribute a copy of the Technology Specifications (which may
be reformatted, but must remain substantively unchanged) with Compliant
Implementations for Commercial Use.
B. Covenant. In addition, Original Contributor's covenant under Section
III.A.2 is hereby expanded to include Your using, making, having made,
selling, importing and distributing Compliant Implementations for Commercial
Use insofar as permitted above.
IV. ADDITIONAL REQUIREMENTS AND COMMUNITY RESPONSIBILITIES.
As a condition to the Commercial Use rights granted above, You must comply
with the following restrictions and community responsibilities (in addition to
those in the License):
F. Certification. You may distribute source code of Compliant Implementations
for Commercial Use only to Community Members from whom You have first obtained
a certification of status in the form set forth in Attachment A-1. You must
keep a copy of each such certificate and acknowledgment You obtain and provide
a copy to Original Contributor, if requested.
G. Compliance Materials. Depending on the Technology licensed, Your access to
and use of the Compliance Materials may be subject to additional requirements
such as entering into a support agreement and trademark license. Such
additional requirements, if any, are as set out in the Technology-Specific
Attachment. You agree to comply fully with all such applicable requirements.
H. Compatibility. Only Compliant Implementations may be used and distributed
for Commercial Use.
I. Commercial Distribution Requirement. You may distribute object code copies
for Commercial Use as herein contemplated under a license agreement of Your
choice which is consistent with Your rights and obligations under the License
and this CUSupp. You may provide warranties, indemnities and/or other
additional terms and conditions in Your license agreements, provided that it
is clear that such additional terms and conditions are offered by You only.
You hereby agree to hold each Community Member harmless and indemnify them
against any liability arising in connection with such terms and conditions.
You will pay all damages, costs and fees awarded by a court or arbitrator
having jurisdiction over the matter or any settlement amount negotiated by You
and attributable to such claim.
J. End User License Terms. You must include the following terms and conditions
in end user license agreements accompanying copies of Compliant
Implementations distributed for Commercial User hereunder:
1. Software contains copyrighted information of Sun Microsystems, Inc. and
title is retained by Sun.
2. Use, duplication or disclosure by the United States government is subject
to the restrictions set forth in the Rights in Technical Data and Computer
Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as
applicable.
K. Defense. 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 Reference Code is an infringement of a third
party's intellectual property rights, in which case You agree to cooperate
with Original Contributor and Original Contributor will pay all damages costs
and fees awarded by a court or tribunal of competent jurisdiction, or such
settlement amount negotiated by Original Contributor and attributable to such
claim.
L. 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.
M. Proprietary Rights Notices. You must not remove any copyright notices,
trademark notices or other proprietary legends of Original Contributor or its
suppliers contained on or in the Covered Code, Technology Specifications and
Contributed Code Specifications.
N. Relationship. The relationship created is that of licensor and licensee
only. You hereby waive the benefit of any law or regulation dealing with the
establishment and regulation of franchises or agencies.
Agreed:
You Original Contributor
By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________
By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________
TECHNOLOGY SPECIFIC ATTACHMENT TO THE SUN COMMUNITY SOURCE LICENSE JINI
TECHNOLOGY CORE PLATFORM Version: 3.0/Jini TSA 1.0
1. Effect. This Technology Specific Attachment to the Commercial Use
Supplement applies to the Jini Technology Core Platform as described on the
Technology Site. The rights and responsibilities set forth in this Technology
Specific Attachment are additional to those in Your License and the CUSupp.
The term "License" hereinafter refers to the License, the CUSupp, and this
Technology Specific Attachment.
2. Additional Requirements and Responsibilities. In addition to the
requirements and responsibilities specified in the License, and as a condition
to exercising the rights granted therein, You agree to the following
additional requirements and responsibilities:
a) Distribution of Source Code. Source Code of a Compliant Implementation
authorized for distribution for Commercial Use may be distributed only to
another Commercial Use Licensee of the same Technology. You must include a
prominent notice with every copy of Source Code of Covered Code that You
distribute indicating that use is limited to Licensees in good standing and is
subject to the terms and conditions of this License. You may not offer or
impose any terms on any Source Code of Covered Code that alters the
recipient's rights, requirements, and responsibilities under the recipient's
License.
b) Upgraded Code. From time to time, Original Contributor may post Upgraded
Code to the community web-server described at the Technology Site. Upgraded
Code as used in this Section 2 means new versions of the Technology designated
by Original Contributor as an upgrade to the Technology at the Technology
Site. Wherever commercially and technically reasonable, You agree that each
release by You of a product comprising or incorporating a Compliant
Implementation will implement the most current Upgraded Code available no less
than one hundred and twenty (120) days prior to Your Commercial Use of such
Compliant Implementation. If you determine that it is not commercially or
technically reasonable to incorporate Upgraded Code as contemplated, You are
then not required to incorporate such Upgraded Code provided that, from the
date one hundred twenty (120) days after such Upgraded Code is first made
commercially available, You may not thereafter, for Commercial Use, distribute
any new Modifications or Interfaces, alone or integrated with Covered Code or
other code, unless and until such time as You incorporate the then-current
Upgraded Code and pass the associated TCK. You may, however make Error
Corrections and You may correct the adverse effect of a failure of Your
Modifications and Interfaces to perform their functions. It is Original
Contributor's intent to maintain compatibility between Covered Code and
Upgraded Code.
c) Additional Services. If you provide any services, in the form of interfaces
or otherwise, whose functions are substantially similar to those core services
whose Interfaces are provided under this License (the "Standard Service
Interfaces"), then You must also support the Standard Service Interfaces in
Your product or technology. In addition, You must support Standard Service
Interfaces associated with Upgraded Code in connection with Your Commercial
Use of Compliant Implementations in the same manner as required for Upgraded
Code under Section 2.b.
d) Branding. Compliant Implementations used for Commercial Use may, at Your
option, be branded with the Technology compliance logo under a separate
trademark license to be executed by You and Original Contributor concurrent
with execution of this Technology Specific Attachment.
3. Support Programs.
a) Support to You. Technical support is not provided to You by Original
Contributor under this License. You may obtain one or more support programs,
if available, from Original Contributor relating to the Technology which are
described on the Technology Site.
b) Customer Support. You are responsible for providing technical and
maintenance support services to Your customers for Your products and services
incorporating the Compliant Implementation.
4. Royalties and Payments.
Royalty per Unit $: None.
5. Compliance Materials; Use Restrictions.
Compliance Materials: Jini Technology Core Platform Compatibility Kit
a) The Compliance Materials for the Technology may be accessed at the
Technology Site.
b) You are not authorized to create derivative works of the Compliance
Materials or use the Compliance Materials to test any implementation of the
Technology Specifications that are not Covered Code. You shall only use the
Compliance Materials for purposes of verifying compatibility with the
Technology Specifications. You must not publish your test results or make
claims of comparative compatibility with respect to other implementations of
the Technology Specifications. In consideration for the license grant in
Section III.A of the CUSupp, You agree not to develop Your own tests which are
intended to validate conformance with the Technology Specifications.
c) Notwithstanding subsection 6.b above, You may use and modify the Source
Code of programming code contained in the Compliance Materials for the sole
purpose of creating error corrections or modifications to the Compliance
Materials to propose to Original Contributor for inclusion in the Compliance
Materials. You may not use such modified code for any other purpose including,
without limitation, in testing Covered Code pursuant to Section III.A. Any
changes to the Compliance Materials which you propose to Original Contributor
shall be subject to the license grant set forth in Section III.B.
6. Requirements for Determining Compliance.
a) Development Restrictions. A Compliant Implementation:
i. must fully comply with the Technology Specifications for the Technology to
which this Technology Specific Attachment applies; and
ii. must 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 class,
interface and/or package naming convention adopted by Original Contributor. It
is specifically suggested that You name any new Java 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 pages 125 and 126 of this
specification says 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.
b) Covered Code. All Covered Code must constitute a Compliant Implementation
prior to any Commercial Use (other than pre-deployment testing), whether
originating with You or acquired through a third party. Successful
compatibility testing must be completed by You, or by a third party authorized
by Original Contributor to conduct such tests, using the most current version
of the applicable Compliance Materials available no less than one hundred and
twenty (120) days prior to Your Commercial Use. If You make any further
Modifications to any Covered Code previously determined to be a Compliant
Implementation, You must retest the new Covered Code to ensure that it
continues to be a Compliant Implementation. For this retest, You may use the
same version of the Compliance Materials as used originally or, at your
option, You may use a more current version of the Compliance Materials.
c) Test Results. Upon Original Contributor's written request, You agree to
provide to Original Contributor or the third party test facility, if
applicable, Your test results that demonstrate that Covered Code is a
Compliant Implementation, and that Original Contributor may publish or
otherwise distribute such test results.
Agreed:
You Original Contributor
By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________
By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________
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