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diff --git a/java/jdk16/pkg-message b/java/jdk16/pkg-message deleted file mode 100644 index 4a7be65b47d2..000000000000 --- a/java/jdk16/pkg-message +++ /dev/null @@ -1,1139 +0,0 @@ -SUN COMMUNITY SOURCE LICENSE Version 2.3 (Rev. Date Sept. -29, 2004) - -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 Effect 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. Judgment -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. 5.0 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. _____________________________ - -4150 Network Circle ______________________________ - -Santa Clara, California 95054 ______________________________ - -Attn.: VP, Sun Software and -Technology Sales ______________________________ -cc: Legal (Software Sales) - -11. Disclaimer of Agency. The relationship created hereby -is that of licensor and licensee and the parties hereby -acknowledge and agree that nothing herein shall be deemed to -constitute You as a franchisee of Original Contributor. You -hereby waive the benefit of any state or federal statutes -dealing with the establishment and regulation of franchises. - -Agreed: -You: Original Contributor: - -_____________________________ Sun Microsystems, Inc. -(Your Name) -By:_________________________ By:_____________________ - -Title:_______________________ Title:____________________ - -Date:______________________ Date:____________________ - -ATTACHMENT E TECHNOLOGY COMPATIBILITY KIT - -The following license is effective for the Java(tm)2 SDK -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. |