SUN COMMUNITY SOURCE LICENSE
Version 2.3
(Rev. Date February 22, 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 limited 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.1.3.1 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 indemnifying 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:________________________
Name:________________________ Name:______________________
Title_________________________ Title:_____________________
Date:_________________________ Date:______________________
ATTACHMENT E
TECHNOLOGY COMPATIBILITY KIT
The following license is effective for the Java(tm)2 SDK Version 1.3.1
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.
