1 Jini Technology Specific Attachment v 1.0
7 III. Research Use Rights
8 IV. Restrictions & Community Responsibilities
11 Attachment A-1: Community Member Certificate
12 Attachment A-2: Student Acknowledgment
13 Attachment B: (Additional Terms/Responsibilities)
14 Commercial Use Supplement to Sun Community Source Code License
15 Technology Specific Attachment to the Sun Community Source License
20 "Community Code" means Reference Code, Contributed Code, and any combination
23 "Community Member" means You, Original Contributor and any other party that
24 has entered into and has in effect a version of this License (or who is
25 similarly authorized and obligated by Sun) for the Technology with Original
28 "Contributed Code" means Error Corrections, Shared Modifications and any other
29 code other than Reference Code made available to all Community Members in
30 accordance with this License.
32 "Contributed Code Specifications" means the functional, interface and
33 operational specifications and documentation for Contributed Code.
35 "Contributor" means any Community Member who makes available Contributed Code.
37 "Covered Code" means any and all code (including Modifications) implementing
38 all or any portion of the Technology Specifications.
40 "Error Correction(s)" mean Modifications which correct any failure of
41 Community Code to conform to any aspect of the Technology Specifications.
43 "Interfaces" means classes or other programming code or specifications
44 designed for use with the Technology comprising a means or link for invoking
45 functionality, operations or protocols and which are additional to or extend
46 the interfaces designated in the Technology Specifications.
48 "Modifications" means any (i) change or addition to Covered Code, or (ii) new
49 source or object code implementing any portion of the Technology
50 Specifications, but (iii) excluding any incorporated Reference Code.
52 "Original Contributor" means Sun Microsystems, Inc., its affiliates,
53 successors and assigns.
55 "Reference Code" means source code for the Technology designated by Original
56 Contributor at the Technology Site from time to time.
58 "Research Use" means research, evaluation, development, educational or
59 personal and individual use, excluding use or distribution for direct or
60 indirect commercial (including strategic) gain or advantage.
62 "Shared Modifications" means those Modifications which Community Members elect
63 to share with other Community Members pursuant to Section III.B.
65 "Technology Specifications" means the functional, interface and operational
66 specifications and documentation for the Technology designated by Original
67 Contributor at the Technology Site from time to time.
69 "Technology" means the technology described in and contemplated by the
70 Technology Specifications and which You have received pursuant to this
73 "Technology Site" means the website designated by Original Contributor for
74 accessing Community Code and Technology Specifications.
76 "You" means the individual executing this license or the legal entity or
77 entities represented by the individual executing this license. "Your" is the
83 Original Contributor is licensing the Reference Code and Technology
84 Specifications and is permitting implementation of Technology under and
85 subject to this Sun Community Source License (the "License") to promote
86 research, education, innovation and product development using the Technology.
88 COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY IS PERMITTED ONLY UNDER OPTIONAL
89 SUPPLEMENTS TO THIS LICENSE.
92 III. RESEARCH USE RIGHTS
94 A. From Original Contributor. Subject to and conditioned upon Your full
95 compliance with the terms and conditions of this License, including Sections
96 IV (Restrictions and Community Responsibilities) and V.E.7 (International
97 Use), Original Contributor:
99 1. grants to You a non-exclusive, worldwide and royalty-free license to the
100 extent of Original Contributor's copyrights and trade secret rights in and
101 covering the Reference Code and Technology Specifications to do the following
102 for Your Research Use only:
103 a) reproduce, prepare derivative works of, display and perform the Reference
104 Code, in whole or in part, alone or as part of Covered Code;
105 b) reproduce, prepare derivative works of and display the Technology
107 c) distribute source or object code copies of Reference Code, in whole or in
108 part, alone or as part Covered Code, to other Community Members or to
110 d) distribute object code copies of Reference Code, in whole or in part, alone
111 or as part of object code copies of Covered Code, to third parties.
113 2. will not, during the term of Your License, bring against You any claim
114 alleging that Your using, making, having made, importing or distributing
115 Community Code for Your Research Use, insofar as permitted under Section
116 III.A.1 of this License, necessarily infringes any patent now owned or
117 hereafter acquired by Original Contributor whose claims cover subject matter
118 contained in or embodied by the Reference Code or which would necessarily be
119 infringed by the use or distribution of any and all implementations of the
120 Technology Specifications.
122 3. grants to You a non-exclusive, worldwide and royalty-free license, to the
123 extent of its intellectual property rights therein, to use (a) Original
124 Contributor's class, interface and package names only insofar as necessary to
125 accurately reference or invoke Your Modifications for Research Use, and (b)
126 any associated software tools, documents and information provided by Original
127 Contributor at the Technology Site for use in exercising the above license
130 B. Contributed Code. Subject to and conditioned upon compliance with the terms
131 and conditions of this License, including Sections IV (Restrictions and
132 Community Responsibilities) and V.E.7 (International Use), each Community
135 1. grants to each Community Member a non-exclusive, worldwide and royalty-free
136 license to the extent of such Community Member's copyrights and trade secret
137 rights in and covering its Contributed Code, to reproduce, modify, display and
138 distribute Contributed Code, in whole or in part, in source code and object
139 code form, to the same extent as permitted under such Community Member's
140 License with Original Contributor (including all supplements thereto).
142 2. will not, during the term of the Community Member's License, bring against
143 any Community Member any claim alleging that using, making, having made,
144 importing or distributing Contributed Code as permitted under this License
145 (including any supplements) infringes any patents or patent applications now
146 owned or hereafter acquired by such Community Member which patents or patent
147 applications are infringed by using, making, having made, selling, offering
148 for sale, importing or otherwise transferring the Contributed Code ("Community
149 Member Patents"). This covenant shall apply to the combination of the
150 Contributed Code with other Covered Code if, at the time the Contributed Code
151 is posted, such addition of the Contributed Code causes such combination to be
152 covered by the Community Member Patents. The covenant shall not apply to any
153 other combinations which include the Contributed Code or to the use or
154 distribution of modified Contributed Code where the modifications made by the
155 ! Community Member add to the functions performed by the Contributed Code in
156 question and where, in the absence of such modifications, there would be no
157 infringement of a Community Member Patent.
159 3. grants to Original Contributor, in addition to the rights set forth in
160 Sections III.B.1 and III.B.2, the right to sublicense all such rights in
161 Contributed Code, in whole or in part, as part of Reference Code or other
162 technologies based in whole or in part on Reference Code or Technology and to
163 copy, distribute, modify and prepare derivative works of Contributed Code
164 Specifications, in whole or in part, in connection with the exercise of such
167 C. Subcontracting. You may provide Covered Code to a contractor for the sole
168 purpose of providing development services exclusively to You consistent with
169 Your rights under this License. Such Contractor must be a Community Member or
170 have executed an agreement with You that is consistent with Your rights and
171 obligations under this License. Such subcontractor must assign exclusive
172 rights in all work product to You. You agree that such work product is to be
173 treated as Covered Code.
175 D. No Implied Licenses. Neither party is granted any right or license other
176 than the licenses and covenants expressly set out herein. Other than the
177 licenses and covenants expressly set out herein, Original Contributor retains
178 all right, title and interest in Reference Code and Technology Specifications
179 and You retain all right, title and interest in Your Modifications and
180 associated specifications. Except as expressly permitted herein, You must not
181 otherwise use any package, class or interface naming conventions that appear
182 to originate from Original Contributor.
183 IV. RESTRICTIONS AND COMMUNITY RESPONSIBILITIES
185 As a condition to Your license and other rights and immunities, You must
186 comply with the restrictions and responsibilities set forth below, as modified
187 or supplemented, if at all, in Attachment B, Additional Research Use Terms and
190 A. Source Code Availability. You must provide source code and any
191 specifications for Your Error Corrections to Original Contributor as soon as
192 practicable. You may provide other Contributed Code to Original Contributor at
193 any time, in Your discretion. Original Contributor may, in its discretion,
194 post Your Contributed Code and Contributed Code Specifications on the
195 Technology Site. You may post Your Contributed Code and/or Contributed Code
196 Specifications on another website of Your choice; provided, source code of
197 Community Code and Technology Specifications must be provided to Community
198 Members only and only following certification of Community Member status as
199 required under Section IV.D.
201 B. Notices. You must reproduce without alteration copyright and other
202 proprietary notices in any Covered Code that You distribute. The statement,
203 "Use and Distribution is subject to the Sun Community Source License available
204 at http://sun.com/software/communitysource" must appear prominently in Your
205 Modifications and, in all cases, in the same file as all Your copyright and
206 other proprietary notices.
208 C. Modifications. You must include a diff file with Your Contributed Code that
209 identifies and details the changes or additions You made, the version of
210 Reference Code or Contributed Code You used and the date of such changes or
211 additions. In addition, You must provide any Contributed Code Specifications
212 for Your Contributed Code. Your Modifications are Covered Code and You
213 expressly agree that use and distribution, in whole or in part, of Your
214 Modifications shall only be done in accordance with and subject to this
217 D. Distribution Requirements. You may distribute object code of Covered Code
218 to third parties for Research Use only pursuant to a license of Your choice
219 which is consistent with this License. You may distribute source code of
220 Covered Code and the Technology Specifications for Research Use only to (i)
221 Community Members from whom You have first obtained a certification of status
222 in the form set forth in Attachment A-1, and (ii) students from whom You have
223 first obtained an executed acknowledgment in the form set forth in Attachment
224 A-2. You must keep a copy of each such certificate and acknowledgment You
225 obtain and provide a copy to Original Contributor, if requested.
229 1. You may create and add Interfaces but, unless expressly permitted at the
230 Technology Site, You must not incorporate any Reference Code in Your
231 Interfaces. If You choose to disclose or permit disclosure of Your Interfaces
232 to even a single third party for the purposes of enabling such third party to
233 independently develop and distribute (directly or indirectly) technology which
234 invokes such Interfaces, You must then make the Interfaces open by (a)
235 promptly following completion thereof, publishing to the industry, on a
236 non-confidential basis and free of all copyright restrictions, a reasonably
237 detailed, current and accurate specification for the Interfaces, and (b) as
238 soon as reasonably possible, but in no event more than thirty (30) days
239 following publication of Your specification, making available on reasonable
240 terms and without discrimination, a reasonably complete and practicable test
241 suite and methodology adequate to create and test implementations of the
242 Interfaces by a reasonably skilled technologist.
244 2. You shall not assert any intellectual property rights You may have covering
245 Your Interfaces which would necessarily be infringed by the creation, use or
246 distribution of all reasonable independent implementations of Your
247 specification of such Interfaces by a Community Member or Original
248 Contributor. Nothing herein is intended to prevent You from enforcing any of
249 Your intellectual property rights covering Your specific implementation of
250 Your Interfaces or functionality using such Interfaces other than as
251 specifically set forth in this Section IV.E.2.
256 Only Original Contributor may promulgate new versions of this License. Once
257 You have accepted Reference Code, Technology Specifications, Contributed Code
258 and/or Contributed Code Specifications under a version of this License, You
259 may continue to use such version of Reference Code, Technology Specifications,
260 Contributed Code and/or Contributed Code Specifications under that version of
261 the License. New code and specifications which You may subsequently choose to
262 accept will be subject to any new License in effect at the time of Your
263 acceptance of such code and specifications.
265 B. Disclaimer Of Warranties.
267 1. COVERED CODE, ALL TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE
268 SPECIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER
269 EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY SUCH
270 COVERED CODE, TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS
271 ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
272 NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK
273 IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL COVERED CODE,
274 TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS UNDER THIS
275 LICENSE. NO USE OF ANY COVERED CODE, TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED
276 CODE SPECIFICATIONS IS AUTHORIZED EXCEPT SUBJECT TO AND IN CONSIDERATION FOR
279 2. You understand that, although each Community Member grants the licenses set
280 forth in the License and any supplements hereto, no assurances are provided by
281 any Community Member that Covered Code or any specifications do not infringe
282 the intellectual property rights of any third party.
284 3. You acknowledge that Reference Code and Technology Specifications are
285 neither designed nor intended for use in the design, construction, operation
286 or maintenance of any nuclear facility.
288 C. Limitation Of Liability.
290 1. Infringement. Each Community Member disclaims any liability to all other
291 Community Members for claims brought by any third party based on infringement
292 of intellectual property rights. Original Contributor represents that, to its
293 knowledge, it has sufficient copyrights to allow You to use and distribute the
294 Reference Code as herein permitted (including as permitted in any Supplement
295 hereto) and You represent that, to Your knowledge, You have sufficient
296 copyrights to allow each Community Member and Original Contributor to use and
297 distribute Your Shared Modifications and Error Corrections as herein permitted
298 (including as permitted in any supplements to the License). You agree to
299 notify Original Contributor should You become aware of any potential or actual
300 infringement of the Technology or any of Original Contributor's intellectual
301 property rights in the Technology, Reference Code or Technology
304 2. Suspension. If any portion of, or functionality implemented by, the
305 Reference Code, Technology or Technology Specifications becomes the subject of
306 a claim or threatened claim of infringement ("Affected Materials"), Original
307 Contributor may, in its unrestricted discretion, suspend Your rights to use
308 and distribute the Affected Materials under this License. Such suspension of
309 rights will be effective immediately upon Original Contributor's posting of
310 notice of suspension on the Technology Site. Original Contributor has no
311 obligation to lift the suspension of rights relative to the Affected Materials
312 until a final, non-appealable determination is made by a court or governmental
313 agency of competent jurisdiction that Original Contributor is legally able,
314 without the payment of a fee or royalty, to reinstate Your rights to the
315 Affected Materials to the full extent contemplated hereunder. Upon such
316 determination, Original Contributor will lift the suspension by posting a
317 notice to such effect on the Technology Site. Nothing herein shall be
318 construed to prevent You, at Your option and expense, and subject to
319 applicable law and the restrictions and responsibilities set forth in this
320 License and any Supplements, from replacing Reference Code in Affected
321 Materials with non-infringing code or independently negotiating, without
322 compromising or prejudicing Original Contributor's position, to obtain the
323 rights necessary to use Affected Materials as herein permitted.
325 3. Disclaimer. ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS RELATING
326 TO THIS LICENSE OR ANY SUPPLEMENT HERETO, WHETHER FOR BREACH OR TORT, IS
327 LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS (US$1000.00) OR THE FULL AMOUNT
328 PAID BY YOU FOR THE MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO EVENT
329 WILL ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
330 INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS
331 LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA OR ECONOMIC
332 ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY
333 (including negligence), WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED
334 OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL
335 PURPOSE OF ANY REMEDY.
339 You may terminate this License at any time by notifying Original Contributor
342 All Your rights will terminate under this License if You fail to comply with
343 any of the material terms or conditions of this License and do not cure such
344 failure in a reasonable period of time after becoming aware of such
347 If You institute patent litigation against a Community Member with respect to
348 a patent applicable to Community Code, then any patent licenses or covenants
349 granted by such Community Member to You under this License shall terminate as
350 of the date such litigation is filed. In addition, if You institute patent
351 litigation against any Community Member or Original Contributor alleging that
352 Reference Code, Technology or Technology Specifications infringe Your
353 patent(s), then the rights granted to You under Section III.A above will
356 Upon termination, You must discontinue all uses and distribution of Community
357 Code, except that You may continue to use, reproduce, prepare derivative works
358 of, display and perform Your Modifications, so long as the license grants and
359 covenants of this license are not required to do so, for purposes other than
360 to implement functionality designated in any portion of the Technology
361 Specifications. Properly granted sublicenses to third parties will survive
362 termination. Provisions which, by their nature, should remain in effect
363 following termination survive.
367 1. Trademark. You agree to comply with Original Contributors Trademark & Logo
368 Usage Requirements, as modified from time to time, available at the Technology
369 Site. Except as expressly provided in this License, You are granted no rights
370 in or to any Sun, Jini, Jiro or Java trademarks now or hereafter used or
371 licensed by Original Contributor (the "Sun Trademarks"). You agree not to (a)
372 challenge Original Contributor's ownership or use of Sun Trademarks; (b)
373 attempt to register any Sun Trademarks, or any mark or logo substantially
374 similar thereto; or (c) incorporate any Sun Trademarks into Your own
375 trademarks, product names, service marks, company names or domain names.
377 2. Integration and Assignment. Original Contributor may assign this Research
378 Use License to another by written notification to the other party. This
379 License represents the complete agreement of the parties concerning the
380 subject matter hereof.
382 3. Severability. If any provision of this License is held unenforceable, such
383 provision shall be reformed to the extent necessary to make it enforceable
384 unless to do so would defeat the intent of the parties, in which case, this
385 License shall terminate.
387 4. Governing Law. This License is governed by the laws of the United States
388 and the State of California, as applied to contracts entered into and
389 performed in California between California residents. The United Nations
390 Convention on Contracts for the International Sale of Goods shall not apply.
391 Nor shall any law or regulation which provides that a contract be construed
394 5. Dispute Resolution.
395 a) Any dispute arising out of or relating to this License shall be finally
396 settled by arbitration as set forth in this Section, except that either party
397 may bring an action in a court of competent jurisdiction (which jurisdiction
398 shall be exclusive), relative to any dispute relating to such party's
399 intellectual property rights. Arbitration will be administered (i) by the
400 American Arbitration Association (AAA), (ii) in accordance with the rules of
401 the United Nations Commission on International Trade Law (UNCITRAL) (the
402 "Rules") in effect at the time of arbitration, modified as set forth herein,
403 and (iii) by an arbitrator described in Section 5.b who shall apply the
404 governing laws required under Section V.E.4 above. Judgment upon the award
405 rendered by the arbitrator may be entered in any court having jurisdiction to
406 enforce such award. The arbitrator must not award damages in excess of or of a
407 different type than those permitted by this License and any such award is
409 b) All proceedings will be in English and conducted by a single arbitrator
410 selected in accordance with the Rules who is fluent in English, familiar with
411 technology matters pertinent in the dispute and is either a retired judge or
412 practicing attorney having at least ten (10) years litigation experience.
413 Venue for arbitration will be in San Francisco, California, unless the parties
414 agree otherwise. Each party will be required to produce documents relied upon
415 in the arbitration and to respond to no more than twenty-five single question
416 interrogatories. All awards are payable in US dollars and may include for the
417 prevailing party (i) pre-judgment interest, (ii) reasonable attorneys' fees
418 incurred in connection with the arbitration, and (iii) reasonable costs and
419 expenses incurred in enforcing the award.
421 6. U.S. Government. If this Software is being acquired by or on behalf of the
422 U.S. Government or by a U.S. Government prime contractor or subcontractor (at
423 any tier), the Government's rights in this Software and accompanying
424 documentation shall be only as set forth in this license, in accordance with
425 48 CFR 227.7201 through 227.7202-4 (for Department of Defense acquisitions)
426 and with 48 CFR 2.101 and 12.212 (for non-DoD acquisitions).
428 7. International Use.
429 (a) Covered Code is subject to US export control laws and may be subject to
430 export or import regulations in other countries. Each party shall comply fully
431 with all such laws and regulations and acknowledges its responsibility to
432 obtain such licenses to export, re-export or import as may be required. You
433 must pass through these obligations to all Your licensees.
434 (b) You must not distribute Reference Code or Technology Specifications into
435 countries other than those listed on the Technology Site by Original
436 Contributor, from time to time.
438 READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING.
439 IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT
440 YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE LICENSE.
442 WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A COMPANY, YOU MUST BE OF
443 MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO CONTRACTS.
446 COMMUNITY MEMBER CERTIFICATE
448 You certify that You are a Licensee in good standing under the Sun Community
449 Source License for the ____________ Technology (fill in applicable Technology
450 and Version) (the "License") and that You agree to use and distribute code,
451 documentation and information You may obtain pursuant to this certification
452 only in accordance with the terms and subject to the conditions of the
455 Signature:____________________
457 Printed Name and Title:_____________________
459 Company _____________________
462 STUDENT ACKNOWLEDGMENT
464 You acknowledge that this software and related documentation has been obtained
465 by your educational institution subject to the Sun Community Source License
466 (the "License"). You have been provided with access to the software and
467 documentation for use only in connection with your course work as a
468 matriculated student of your educational institution. Commercial use of the
469 software and documentation is expressly prohibited.
471 THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIALS OF SUN
472 MICROSYSTEMS, INC. PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS. YOUR USE
473 OF THE SOFTWARE AND DOCUMENTATION IS LIMITED.
475 Signature:____________________
477 Printed Name :_____________________
480 ATTACHMENT B (ADDITIONAL TERMS/RESPONSIBILITIES): NONE
482 COMMERCIAL USE SUPPLEMENT TO SUN COMMUNITY SOURCE CODE LICENSE
485 I. PURPOSE AND EFFECT.
487 This Commercial Use Supplement General Terms ("CUSupp") is required for
488 Commercial Use of Covered Code and, once signed by You and Original
489 Contributor, is operative for all Technologies specified in all Technology
490 Specific Attachment(s) hereto. The rights and responsibilities set forth in
491 this CUSupp are additional to those in Your License.
495 "Commercial Use" means uses and distributions of Covered Code for any direct
496 or indirect commercial or strategic gain or advantage.
498 "Compliant Implementation" means Covered Code that fully implements the
499 Technology Specifications and complies with Sun's requirements.
501 "Compliance Materials" means the test programs, guides, documentation and
502 other materials identified in the Technology-Specific Attachment(s) for use in
503 establishing that Covered Code is a Compliant Implementation.
505 "Technology-Specific Attachment(s)" means an attachment or attachments to this
506 CUSupp which contains terms and conditions specific to the Technology therein
507 identified as well as the specifics of the Compliance Materials and
508 requirements for such Technology.
510 III. COMMERCIAL USE RIGHTS.
512 A. Commercial Use. Subject to and conditioned upon Your compliance with the
513 terms and conditions of Your Research Use license and the additional terms and
514 conditions set forth in this CUSupp and associated Technology-Specific
515 Attachment(s), including the provisions of Section IV, below, Original
516 Contributor hereby adds to those rights enumerated under Section III.A.1 of
517 the Research Use license the rights to, within the specified Field of Use
518 denoted in the Technology Specific Attachment:
520 e) use the Compliance Materials to determine whether Covered Code constitutes
521 a Compliant Implementation;
522 f) use, reproduce, display, perform and distribute internally source and
523 object code copies of Compliant Implementations for Commercial Use;
524 g) reproduce and distribute to third parties and Community Members through
525 multiple tiers of distribution object code copies of Compliant Implementations
527 h) reproduce and distribute the source code of Compliant Implementations to
528 Community Members licensed for Commercial Use of the same Technology; and
529 i) reproduce and distribute a copy of the Technology Specifications (which may
530 be reformatted, but must remain substantively unchanged) with Compliant
531 Implementations for Commercial Use.
533 B. Covenant. In addition, Original Contributor's covenant under Section
534 III.A.2 is hereby expanded to include Your using, making, having made,
535 selling, importing and distributing Compliant Implementations for Commercial
536 Use insofar as permitted above.
538 IV. ADDITIONAL REQUIREMENTS AND COMMUNITY RESPONSIBILITIES.
540 As a condition to the Commercial Use rights granted above, You must comply
541 with the following restrictions and community responsibilities (in addition to
542 those in the License):
544 F. Certification. You may distribute source code of Compliant Implementations
545 for Commercial Use only to Community Members from whom You have first obtained
546 a certification of status in the form set forth in Attachment A-1. You must
547 keep a copy of each such certificate and acknowledgment You obtain and provide
548 a copy to Original Contributor, if requested.
550 G. Compliance Materials. Depending on the Technology licensed, Your access to
551 and use of the Compliance Materials may be subject to additional requirements
552 such as entering into a support agreement and trademark license. Such
553 additional requirements, if any, are as set out in the Technology-Specific
554 Attachment. You agree to comply fully with all such applicable requirements.
556 H. Compatibility. Only Compliant Implementations may be used and distributed
559 I. Commercial Distribution Requirement. You may distribute object code copies
560 for Commercial Use as herein contemplated under a license agreement of Your
561 choice which is consistent with Your rights and obligations under the License
562 and this CUSupp. You may provide warranties, indemnities and/or other
563 additional terms and conditions in Your license agreements, provided that it
564 is clear that such additional terms and conditions are offered by You only.
565 You hereby agree to hold each Community Member harmless and indemnify them
566 against any liability arising in connection with such terms and conditions.
567 You will pay all damages, costs and fees awarded by a court or arbitrator
568 having jurisdiction over the matter or any settlement amount negotiated by You
569 and attributable to such claim.
571 J. End User License Terms. You must include the following terms and conditions
572 in end user license agreements accompanying copies of Compliant
573 Implementations distributed for Commercial User hereunder:
575 1. Software contains copyrighted information of Sun Microsystems, Inc. and
576 title is retained by Sun.
578 2. Use, duplication or disclosure by the United States government is subject
579 to the restrictions set forth in the Rights in Technical Data and Computer
580 Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as
583 K. Defense. Original Contributor will have the right, but not the obligation,
584 to defend You, at Original Contributor's expense, in connection with a claim
585 that Your Commercial Use of Reference Code is an infringement of a third
586 party's intellectual property rights, in which case You agree to cooperate
587 with Original Contributor and Original Contributor will pay all damages costs
588 and fees awarded by a court or tribunal of competent jurisdiction, or such
589 settlement amount negotiated by Original Contributor and attributable to such
592 L. Notice of Breach or Infringement. Each party shall notify the other
593 immediately in writing when it becomes aware of any breach or violation of the
594 terms of this License, or when You become aware of any potential or actual
595 infringement by a third party of the Technology or Sun's intellectual property
598 M. Proprietary Rights Notices. You must not remove any copyright notices,
599 trademark notices or other proprietary legends of Original Contributor or its
600 suppliers contained on or in the Covered Code, Technology Specifications and
601 Contributed Code Specifications.
603 N. Relationship. The relationship created is that of licensor and licensee
604 only. You hereby waive the benefit of any law or regulation dealing with the
605 establishment and regulation of franchises or agencies.
608 You Original Contributor
610 By: ______________________________
612 Name: ____________________________
614 Title: ___________________________
616 Date: ____________________________
618 By: ______________________________
620 Name: ____________________________
622 Title: ___________________________
624 Date: ____________________________
627 TECHNOLOGY SPECIFIC ATTACHMENT TO THE SUN COMMUNITY SOURCE LICENSE JINI
628 TECHNOLOGY CORE PLATFORM Version: 3.0/Jini TSA 1.0
630 1. Effect. This Technology Specific Attachment to the Commercial Use
631 Supplement applies to the Jini Technology Core Platform as described on the
632 Technology Site. The rights and responsibilities set forth in this Technology
633 Specific Attachment are additional to those in Your License and the CUSupp.
634 The term "License" hereinafter refers to the License, the CUSupp, and this
635 Technology Specific Attachment.
637 2. Additional Requirements and Responsibilities. In addition to the
638 requirements and responsibilities specified in the License, and as a condition
639 to exercising the rights granted therein, You agree to the following
640 additional requirements and responsibilities:
644 a) Distribution of Source Code. Source Code of a Compliant Implementation
645 authorized for distribution for Commercial Use may be distributed only to
646 another Commercial Use Licensee of the same Technology. You must include a
647 prominent notice with every copy of Source Code of Covered Code that You
648 distribute indicating that use is limited to Licensees in good standing and is
649 subject to the terms and conditions of this License. You may not offer or
650 impose any terms on any Source Code of Covered Code that alters the
651 recipient's rights, requirements, and responsibilities under the recipient's
654 b) Upgraded Code. From time to time, Original Contributor may post Upgraded
655 Code to the community web-server described at the Technology Site. Upgraded
656 Code as used in this Section 2 means new versions of the Technology designated
657 by Original Contributor as an upgrade to the Technology at the Technology
658 Site. Wherever commercially and technically reasonable, You agree that each
659 release by You of a product comprising or incorporating a Compliant
660 Implementation will implement the most current Upgraded Code available no less
661 than one hundred and twenty (120) days prior to Your Commercial Use of such
662 Compliant Implementation. If you determine that it is not commercially or
663 technically reasonable to incorporate Upgraded Code as contemplated, You are
664 then not required to incorporate such Upgraded Code provided that, from the
665 date one hundred twenty (120) days after such Upgraded Code is first made
666 commercially available, You may not thereafter, for Commercial Use, distribute
667 any new Modifications or Interfaces, alone or integrated with Covered Code or
668 other code, unless and until such time as You incorporate the then-current
669 Upgraded Code and pass the associated TCK. You may, however make Error
670 Corrections and You may correct the adverse effect of a failure of Your
671 Modifications and Interfaces to perform their functions. It is Original
672 Contributor's intent to maintain compatibility between Covered Code and
675 c) Additional Services. If you provide any services, in the form of interfaces
676 or otherwise, whose functions are substantially similar to those core services
677 whose Interfaces are provided under this License (the "Standard Service
678 Interfaces"), then You must also support the Standard Service Interfaces in
679 Your product or technology. In addition, You must support Standard Service
680 Interfaces associated with Upgraded Code in connection with Your Commercial
681 Use of Compliant Implementations in the same manner as required for Upgraded
682 Code under Section 2.b.
684 d) Branding. Compliant Implementations used for Commercial Use may, at Your
685 option, be branded with the Technology compliance logo under a separate
686 trademark license to be executed by You and Original Contributor concurrent
687 with execution of this Technology Specific Attachment.
692 a) Support to You. Technical support is not provided to You by Original
693 Contributor under this License. You may obtain one or more support programs,
694 if available, from Original Contributor relating to the Technology which are
695 described on the Technology Site.
697 b) Customer Support. You are responsible for providing technical and
698 maintenance support services to Your customers for Your products and services
699 incorporating the Compliant Implementation.
701 4. Royalties and Payments.
703 Royalty per Unit $: None.
705 5. Compliance Materials; Use Restrictions.
707 Compliance Materials: Jini Technology Core Platform Compatibility Kit
711 a) The Compliance Materials for the Technology may be accessed at the
714 b) You are not authorized to create derivative works of the Compliance
715 Materials or use the Compliance Materials to test any implementation of the
716 Technology Specifications that are not Covered Code. You shall only use the
717 Compliance Materials for purposes of verifying compatibility with the
718 Technology Specifications. You must not publish your test results or make
719 claims of comparative compatibility with respect to other implementations of
720 the Technology Specifications. In consideration for the license grant in
721 Section III.A of the CUSupp, You agree not to develop Your own tests which are
722 intended to validate conformance with the Technology Specifications.
724 c) Notwithstanding subsection 6.b above, You may use and modify the Source
725 Code of programming code contained in the Compliance Materials for the sole
726 purpose of creating error corrections or modifications to the Compliance
727 Materials to propose to Original Contributor for inclusion in the Compliance
728 Materials. You may not use such modified code for any other purpose including,
729 without limitation, in testing Covered Code pursuant to Section III.A. Any
730 changes to the Compliance Materials which you propose to Original Contributor
731 shall be subject to the license grant set forth in Section III.B.
733 6. Requirements for Determining Compliance.
735 a) Development Restrictions. A Compliant Implementation:
737 i. must fully comply with the Technology Specifications for the Technology to
738 which this Technology Specific Attachment applies; and
740 ii. must not modify or extend the required public class or public interface
741 declarations whose names begin with "java", "javax", "jini", "net.jini",
742 "sun.hotjava", "COM.sun" or their equivalents in any subsequent class,
743 interface and/or package naming convention adopted by Original Contributor. It
744 is specifically suggested that You name any new Java packages using the
745 "Unique Package Naming Convention" as described in "The Java Language
746 Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN 0-201-63451-1,
747 August 1996. Section 7.7 "Unique Package Names", on pages 125 and 126 of this
748 specification says in part:
750 You form a unique package name by first having (or belonging to an
751 organization that has) an Internet domain name, such as "sun.com". You then
752 reverse the name, component by component, to obtain, in this example,
753 "com.sun" and use this as a prefix for your package names, using a convention
754 developed within your organization to further administer package names.
756 b) Covered Code. All Covered Code must constitute a Compliant Implementation
757 prior to any Commercial Use (other than pre-deployment testing), whether
758 originating with You or acquired through a third party. Successful
759 compatibility testing must be completed by You, or by a third party authorized
760 by Original Contributor to conduct such tests, using the most current version
761 of the applicable Compliance Materials available no less than one hundred and
762 twenty (120) days prior to Your Commercial Use. If You make any further
763 Modifications to any Covered Code previously determined to be a Compliant
764 Implementation, You must retest the new Covered Code to ensure that it
765 continues to be a Compliant Implementation. For this retest, You may use the
766 same version of the Compliance Materials as used originally or, at your
767 option, You may use a more current version of the Compliance Materials.
769 c) Test Results. Upon Original Contributor's written request, You agree to
770 provide to Original Contributor or the third party test facility, if
771 applicable, Your test results that demonstrate that Covered Code is a
772 Compliant Implementation, and that Original Contributor may publish or
773 otherwise distribute such test results.
776 You Original Contributor
778 By: ______________________________
780 Name: ____________________________
782 Title: ___________________________
784 Date: ____________________________
786 By: ______________________________
788 Name: ____________________________
790 Title: ___________________________
792 Date: ____________________________
projects / pkgsrcv2.git / blob