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diff --git a/java/jdk14/pkg-message b/java/jdk14/pkg-message deleted file mode 100644 index 1078eecc4824..000000000000 --- a/java/jdk14/pkg-message +++ /dev/null @@ -1,966 +0,0 @@ -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. - - - |