From 282cc06c49a0f530434c0dacd03092fa350430c2 Mon Sep 17 00:00:00 2001 From: jschauma Date: Fri, 31 May 2002 20:29:31 +0000 Subject: Add Sun Community Source License, Version 3.0 Jini Technology Specific Attachment v. 1.0 (yes, that is actually the full name) used by lang/jini (should have added this a long time ago) --- licenses/scsl3-jini-tsa-1.0-license | 792 ++++++++++++++++++++++++++++++++++++ 1 file changed, 792 insertions(+) create mode 100644 licenses/scsl3-jini-tsa-1.0-license (limited to 'licenses/scsl3-jini-tsa-1.0-license') diff --git a/licenses/scsl3-jini-tsa-1.0-license b/licenses/scsl3-jini-tsa-1.0-license new file mode 100644 index 00000000000..b5e337a3145 --- /dev/null +++ b/licenses/scsl3-jini-tsa-1.0-license @@ -0,0 +1,792 @@ +Jini Technology Specific Attachment v 1.0 +(SCSL3/Jini TSA 1.0) +Contents + +I. Definitions +II. Purposes +III. Research Use Rights +IV. Restrictions & Community Responsibilities +V. Governance + +Attachment A-1: Community Member Certificate +Attachment A-2: Student Acknowledgment +Attachment B: (Additional Terms/Responsibilities) +Commercial Use Supplement to Sun Community Source Code License +Technology Specific Attachment to the Sun Community Source License + + +I. DEFINITIONS + +"Community Code" means Reference Code, Contributed Code, and any combination +thereof. + +"Community Member" means You, Original Contributor and any other party that +has entered into and has in effect a version of this License (or who is +similarly authorized and obligated by Sun) for the Technology with Original +Contributor. + +"Contributed Code" means Error Corrections, Shared Modifications and any other +code other than Reference Code made available to all Community Members in +accordance with this License. + +"Contributed Code Specifications" means the functional, interface and +operational specifications and documentation for Contributed Code. + +"Contributor" means any Community Member who makes available Contributed Code. + +"Covered Code" means any and all code (including Modifications) implementing +all or any portion of the Technology Specifications. + +"Error Correction(s)" mean Modifications which correct any failure of +Community Code to conform to any aspect of the Technology Specifications. + +"Interfaces" means classes or other programming code or specifications +designed for use with the Technology comprising a means or link for invoking +functionality, operations or protocols and which are additional to or extend +the interfaces designated in the Technology Specifications. + +"Modifications" means any (i) change or addition to Covered Code, or (ii) new +source or object code implementing any portion of the Technology +Specifications, but (iii) excluding any incorporated Reference Code. + +"Original Contributor" means Sun Microsystems, Inc., its affiliates, +successors and assigns. + +"Reference Code" means source code for the Technology designated by Original +Contributor at the Technology Site from time to time. + +"Research Use" means research, evaluation, development, educational or +personal and individual use, excluding use or distribution for direct or +indirect commercial (including strategic) gain or advantage. + +"Shared Modifications" means those Modifications which Community Members elect +to share with other Community Members pursuant to Section III.B. + +"Technology Specifications" means the functional, interface and operational +specifications and documentation for the Technology designated by Original +Contributor at the Technology Site from time to time. + +"Technology" means the technology described in and contemplated by the +Technology Specifications and which You have received pursuant to this +License. + +"Technology Site" means the website designated by Original Contributor for +accessing Community Code and Technology Specifications. + +"You" means the individual executing this license or the legal entity or +entities represented by the individual executing this license. "Your" is the +possessive of "You." + + +II. PURPOSES + +Original Contributor is licensing the Reference Code and Technology +Specifications and is permitting implementation of Technology under and +subject to this Sun Community Source License (the "License") to promote +research, education, innovation and product development using the Technology. + +COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY IS PERMITTED ONLY UNDER OPTIONAL +SUPPLEMENTS TO THIS LICENSE. + + +III. RESEARCH USE RIGHTS + +A. From Original Contributor. Subject to and conditioned upon Your full +compliance with the terms and conditions of this License, including Sections +IV (Restrictions and Community Responsibilities) and V.E.7 (International +Use), Original Contributor: + +1. grants to You a non-exclusive, worldwide and royalty-free license to the +extent of Original Contributor's copyrights and trade secret rights in and +covering the Reference Code and Technology Specifications to do the following +for Your Research Use only: +a) reproduce, prepare derivative works of, display and perform the Reference +Code, in whole or in part, alone or as part of Covered Code; +b) reproduce, prepare derivative works of and display the Technology +Specifications; +c) distribute source or object code copies of Reference Code, in whole or in +part, alone or as part Covered Code, to other Community Members or to +students; and +d) distribute object code copies of Reference Code, in whole or in part, alone +or as part of object code copies of Covered Code, to third parties. + +2. will not, during the term of Your License, bring against You any claim +alleging that Your using, making, having made, importing or distributing +Community Code for Your Research Use, insofar as permitted under Section +III.A.1 of this License, necessarily infringes any patent now owned or +hereafter acquired by Original Contributor whose claims cover subject matter +contained in or embodied by the Reference Code or which would necessarily be +infringed by the use or distribution of any and all implementations of the +Technology Specifications. + +3. grants to You a non-exclusive, worldwide and royalty-free license, to the +extent of its intellectual property rights therein, to use (a) Original +Contributor's class, interface and package names only insofar as necessary to +accurately reference or invoke Your Modifications for Research Use, and (b) +any associated software tools, documents and information provided by Original +Contributor at the Technology Site for use in exercising the above license +rights. + +B. Contributed Code. Subject to and conditioned upon compliance with the terms +and conditions of this License, including Sections IV (Restrictions and +Community Responsibilities) and V.E.7 (International Use), each Community +Member: + +1. grants to each Community Member a non-exclusive, worldwide and royalty-free +license to the extent of such Community Member's copyrights and trade secret +rights in and covering its Contributed Code, to reproduce, modify, display and +distribute Contributed Code, in whole or in part, in source code and object +code form, to the same extent as permitted under such Community Member's +License with Original Contributor (including all supplements thereto). + +2. will not, during the term of the Community Member's License, bring against +any Community Member any claim alleging that using, making, having made, +importing or distributing Contributed Code as permitted under this License +(including any supplements) infringes any patents or patent applications now +owned or hereafter acquired by such Community Member which patents or patent +applications are infringed by using, making, having made, selling, offering +for sale, importing or otherwise transferring the Contributed Code ("Community +Member Patents"). This covenant shall apply to the combination of the +Contributed Code with other Covered Code if, at the time the Contributed Code +is posted, such addition of the Contributed Code causes such combination to be +covered by the Community Member Patents. The covenant shall not apply to any +other combinations which include the Contributed Code or to the use or +distribution of modified Contributed Code where the modifications made by the +! Community Member add to the functions performed by the Contributed Code in +question and where, in the absence of such modifications, there would be no +infringement of a Community Member Patent. + +3. grants to Original Contributor, in addition to the rights set forth in +Sections III.B.1 and III.B.2, the right to sublicense all such rights in +Contributed Code, in whole or in part, as part of Reference Code or other +technologies based in whole or in part on Reference Code or Technology and to +copy, distribute, modify and prepare derivative works of Contributed Code +Specifications, in whole or in part, in connection with the exercise of such +rights. + +C. Subcontracting. You may provide Covered Code to a contractor for the sole +purpose of providing development services exclusively to You consistent with +Your rights under this License. Such Contractor must be a Community Member or +have executed an agreement with You that is consistent with Your rights and +obligations under this License. Such subcontractor must assign exclusive +rights in all work product to You. You agree that such work product is to be +treated as Covered Code. + +D. No Implied Licenses. Neither party is granted any right or license other +than the licenses and covenants expressly set out herein. Other than the +licenses and covenants expressly set out herein, Original Contributor retains +all right, title and interest in Reference Code and Technology Specifications +and You retain all right, title and interest in Your Modifications and +associated specifications. Except as expressly permitted herein, You must not +otherwise use any package, class or interface naming conventions that appear +to originate from Original Contributor. +IV. RESTRICTIONS AND COMMUNITY RESPONSIBILITIES + +As a condition to Your license and other rights and immunities, You must +comply with the restrictions and responsibilities set forth below, as modified +or supplemented, if at all, in Attachment B, Additional Research Use Terms and +Conditions. + +A. Source Code Availability. You must provide source code and any +specifications for Your Error Corrections to Original Contributor as soon as +practicable. You may provide other Contributed Code to Original Contributor at +any time, in Your discretion. Original Contributor may, in its discretion, +post Your Contributed Code and Contributed Code Specifications on the +Technology Site. You may post Your Contributed Code and/or Contributed Code +Specifications on another website of Your choice; provided, source code of +Community Code and Technology Specifications must be provided to Community +Members only and only following certification of Community Member status as +required under Section IV.D. + +B. Notices. You must reproduce without alteration copyright and other +proprietary notices in any Covered Code that You distribute. The statement, +"Use and Distribution is subject to the Sun Community Source License available +at http://sun.com/software/communitysource" must appear prominently in Your +Modifications and, in all cases, in the same file as all Your copyright and +other proprietary notices. + +C. Modifications. You must include a diff file with Your Contributed Code that +identifies and details the changes or additions You made, the version of +Reference Code or Contributed Code You used and the date of such changes or +additions. In addition, You must provide any Contributed Code Specifications +for Your Contributed Code. Your Modifications are Covered Code and You +expressly agree that use and distribution, in whole or in part, of Your +Modifications shall only be done in accordance with and subject to this +License. + +D. Distribution Requirements. You may distribute object code of Covered Code +to third parties for Research Use only pursuant to a license of Your choice +which is consistent with this License. You may distribute source code of +Covered Code and the Technology Specifications for Research Use only to (i) +Community Members from whom You have first obtained a certification of status +in the form set forth in Attachment A-1, and (ii) students from whom You have +first obtained an executed acknowledgment in the form set forth in Attachment +A-2. You must keep a copy of each such certificate and acknowledgment You +obtain and provide a copy to Original Contributor, if requested. + +E. Extensions. + +1. You may create and add Interfaces but, unless expressly permitted at the +Technology Site, You must not incorporate any Reference Code in Your +Interfaces. If You choose to disclose or permit disclosure of Your Interfaces +to even a single third party for the purposes of enabling such third party to +independently develop and distribute (directly or indirectly) technology which +invokes such Interfaces, You must then make the Interfaces open by (a) +promptly following completion thereof, publishing to the industry, on a +non-confidential basis and free of all copyright restrictions, a reasonably +detailed, current and accurate specification for the Interfaces, and (b) as +soon as reasonably possible, but in no event more than thirty (30) days +following publication of Your specification, making available on reasonable +terms and without discrimination, a reasonably complete and practicable test +suite and methodology adequate to create and test implementations of the +Interfaces by a reasonably skilled technologist. + +2. You shall not assert any intellectual property rights You may have covering +Your Interfaces which would necessarily be infringed by the creation, use or +distribution of all reasonable independent implementations of Your +specification of such Interfaces by a Community Member or Original +Contributor. Nothing herein is intended to prevent You from enforcing any of +Your intellectual property rights covering Your specific implementation of +Your Interfaces or functionality using such Interfaces other than as +specifically set forth in this Section IV.E.2. +V. GOVERNANCE. + +A. License Versions. + +Only Original Contributor may promulgate new versions of this License. Once +You have accepted Reference Code, Technology Specifications, Contributed Code +and/or Contributed Code Specifications under a version of this License, You +may continue to use such version of Reference Code, Technology Specifications, +Contributed Code and/or Contributed Code Specifications under that version of +the License. New code and specifications which You may subsequently choose to +accept will be subject to any new License in effect at the time of Your +acceptance of such code and specifications. + +B. Disclaimer Of Warranties. + +1. COVERED CODE, ALL TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE +SPECIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER +EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY SUCH +COVERED CODE, TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS +ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR +NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK +IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL COVERED CODE, +TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS UNDER THIS +LICENSE. NO USE OF ANY COVERED CODE, TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED +CODE SPECIFICATIONS IS AUTHORIZED EXCEPT SUBJECT TO AND IN CONSIDERATION FOR +THIS DISCLAIMER. + +2. You understand that, although each Community Member grants the licenses set +forth in the License and any supplements hereto, no assurances are provided by +any Community Member that Covered Code or any specifications do not infringe +the intellectual property rights of any third party. + +3. You acknowledge that Reference Code and Technology Specifications are +neither designed nor intended for use in the design, construction, operation +or maintenance of any nuclear facility. + +C. Limitation Of Liability. + +1. Infringement. Each Community Member disclaims any liability to all other +Community Members for claims brought by any third party based on infringement +of intellectual property rights. Original Contributor represents that, to its +knowledge, it has sufficient copyrights to allow You to use and distribute the +Reference Code as herein permitted (including as permitted in any Supplement +hereto) and You represent that, to Your knowledge, You have sufficient +copyrights to allow each Community Member and Original Contributor to use and +distribute Your Shared Modifications and Error Corrections as herein permitted +(including as permitted in any supplements to the License). You agree to +notify Original Contributor should You become aware of any potential or actual +infringement of the Technology or any of Original Contributor's intellectual +property rights in the Technology, Reference Code or Technology +Specifications. + +2. Suspension. If any portion of, or functionality implemented by, the +Reference Code, Technology or Technology Specifications becomes the subject of +a claim or threatened claim of infringement ("Affected Materials"), Original +Contributor may, in its unrestricted discretion, suspend Your rights to use +and distribute the Affected Materials under this License. Such suspension of +rights will be effective immediately upon Original Contributor's posting of +notice of suspension on the Technology Site. Original Contributor has no +obligation to lift the suspension of rights relative to the Affected Materials +until a final, non-appealable determination is made by a court or governmental +agency of competent jurisdiction that Original Contributor is legally able, +without the payment of a fee or royalty, to reinstate Your rights to the +Affected Materials to the full extent contemplated hereunder. Upon such +determination, Original Contributor will lift the suspension by posting a +notice to such effect on the Technology Site. Nothing herein shall be +construed to prevent You, at Your option and expense, and subject to +applicable law and the restrictions and responsibilities set forth in this +License and any Supplements, from replacing Reference Code in Affected +Materials with non-infringing code or independently negotiating, without +compromising or prejudicing Original Contributor's position, to obtain the +rights necessary to use Affected Materials as herein permitted. + +3. Disclaimer. ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS RELATING +TO THIS LICENSE OR ANY SUPPLEMENT HERETO, WHETHER FOR BREACH OR TORT, IS +LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS (US$1000.00) OR THE FULL AMOUNT +PAID BY YOU FOR THE MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO EVENT +WILL ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, +INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS +LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA OR ECONOMIC +ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY +(including negligence), WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED +OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL +PURPOSE OF ANY REMEDY. + +D. Termination. + +You may terminate this License at any time by notifying Original Contributor +in writing. + +All Your rights will terminate under this License if You fail to comply with +any of the material terms or conditions of this License and do not cure such +failure in a reasonable period of time after becoming aware of such +noncompliance. + +If You institute patent litigation against a Community Member with respect to +a patent applicable to Community Code, then any patent licenses or covenants +granted by such Community Member to You under this License shall terminate as +of the date such litigation is filed. In addition, if You institute patent +litigation against any Community Member or Original Contributor alleging that +Reference Code, Technology or Technology Specifications infringe Your +patent(s), then the rights granted to You under Section III.A above will +terminate. + +Upon termination, You must discontinue all uses and distribution of Community +Code, except that You may continue to use, reproduce, prepare derivative works +of, display and perform Your Modifications, so long as the license grants and +covenants of this license are not required to do so, for purposes other than +to implement functionality designated in any portion of the Technology +Specifications. Properly granted sublicenses to third parties will survive +termination. Provisions which, by their nature, should remain in effect +following termination survive. + +E. Miscellaneous. + +1. Trademark. You agree to comply with Original Contributors Trademark & Logo +Usage Requirements, as modified from time to time, available at the Technology +Site. Except as expressly provided in this License, You are granted no rights +in or to any Sun, Jini, Jiro or Java trademarks now or hereafter used or +licensed by Original Contributor (the "Sun Trademarks"). You agree not to (a) +challenge Original Contributor's ownership or use of Sun Trademarks; (b) +attempt to register any Sun Trademarks, or any mark or logo substantially +similar thereto; or (c) incorporate any Sun Trademarks into Your own +trademarks, product names, service marks, company names or domain names. + +2. Integration and Assignment. Original Contributor may assign this Research +Use License to another by written notification to the other party. This +License represents the complete agreement of the parties concerning the +subject matter hereof. + +3. Severability. If any provision of this License is held unenforceable, such +provision shall be reformed to the extent necessary to make it enforceable +unless to do so would defeat the intent of the parties, in which case, this +License shall terminate. + +4. Governing Law. This License is governed by the laws of the United States +and the State of California, as applied to contracts entered into and +performed in California between California residents. The United Nations +Convention on Contracts for the International Sale of Goods shall not apply. +Nor shall any law or regulation which provides that a contract be construed +against the drafter. + +5. Dispute Resolution. +a) Any dispute arising out of or relating to this License shall be finally +settled by arbitration as set forth in this Section, except that either party +may bring an action in a court of competent jurisdiction (which jurisdiction +shall be exclusive), relative to any dispute relating to such party's +intellectual property rights. Arbitration will be administered (i) by the +American Arbitration Association (AAA), (ii) in accordance with the rules of +the United Nations Commission on International Trade Law (UNCITRAL) (the +"Rules") in effect at the time of arbitration, modified as set forth herein, +and (iii) by an arbitrator described in Section 5.b who shall apply the +governing laws required under Section V.E.4 above. Judgment upon the award +rendered by the arbitrator may be entered in any court having jurisdiction to +enforce such award. The arbitrator must not award damages in excess of or of a +different type than those permitted by this License and any such award is +void. +b) All proceedings will be in English and conducted by a single arbitrator +selected in accordance with the Rules who is fluent in English, familiar with +technology matters pertinent in the dispute and is either a retired judge or +practicing attorney having at least ten (10) years litigation experience. +Venue for arbitration will be in San Francisco, California, unless the parties +agree otherwise. Each party will be required to produce documents relied upon +in the arbitration and to respond to no more than twenty-five single question +interrogatories. All awards are payable in US dollars and may include for the +prevailing party (i) pre-judgment interest, (ii) reasonable attorneys' fees +incurred in connection with the arbitration, and (iii) reasonable costs and +expenses incurred in enforcing the award. + +6. U.S. Government. If this Software is being acquired by or on behalf of the +U.S. Government or by a U.S. Government prime contractor or subcontractor (at +any tier), the Government's rights in this Software and accompanying +documentation shall be only as set forth in this license, in accordance with +48 CFR 227.7201 through 227.7202-4 (for Department of Defense acquisitions) +and with 48 CFR 2.101 and 12.212 (for non-DoD acquisitions). + +7. International Use. +(a) Covered Code is subject to US export control laws and may be subject to +export or import regulations in other countries. Each party shall comply fully +with all such laws and regulations and acknowledges its responsibility to +obtain such licenses to export, re-export or import as may be required. You +must pass through these obligations to all Your licensees. +(b) You must not distribute Reference Code or Technology Specifications into +countries other than those listed on the Technology Site by Original +Contributor, from time to time. + +READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING. +IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT +YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE LICENSE. + +WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A COMPANY, YOU MUST BE OF +MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. + +ATTACHMENT A-1 +COMMUNITY MEMBER CERTIFICATE + +You certify that You are a Licensee in good standing under the Sun Community +Source License for the ____________ Technology (fill in applicable Technology +and Version) (the "License") and that You agree to use and distribute code, +documentation and information You may obtain pursuant to this certification +only in accordance with the terms and subject to the conditions of the +License. + +Signature:____________________ + +Printed Name and Title:_____________________ + +Company _____________________ + +ATTACHMENT A-2 +STUDENT ACKNOWLEDGMENT + +You acknowledge that this software and related documentation has been obtained +by your educational institution subject to the Sun Community Source License +(the "License"). You have been provided with access to the software and +documentation for use only in connection with your course work as a +matriculated student of your educational institution. Commercial use of the +software and documentation is expressly prohibited. + +THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIALS OF SUN +MICROSYSTEMS, INC. PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS. YOUR USE +OF THE SOFTWARE AND DOCUMENTATION IS LIMITED. + +Signature:____________________ + +Printed Name :_____________________ + + +ATTACHMENT B (ADDITIONAL TERMS/RESPONSIBILITIES): NONE + +COMMERCIAL USE SUPPLEMENT TO SUN COMMUNITY SOURCE CODE LICENSE +GENERAL TERMS + +I. PURPOSE AND EFFECT. + +This Commercial Use Supplement General Terms ("CUSupp") is required for +Commercial Use of Covered Code and, once signed by You and Original +Contributor, is operative for all Technologies specified in all Technology +Specific Attachment(s) hereto. The rights and responsibilities set forth in +this CUSupp are additional to those in Your License. + +II. DEFINITIONS. + +"Commercial Use" means uses and distributions of Covered Code for any direct +or indirect commercial or strategic gain or advantage. + +"Compliant Implementation" means Covered Code that fully implements the +Technology Specifications and complies with Sun's requirements. + +"Compliance Materials" means the test programs, guides, documentation and +other materials identified in the Technology-Specific Attachment(s) for use in +establishing that Covered Code is a Compliant Implementation. + +"Technology-Specific Attachment(s)" means an attachment or attachments to this +CUSupp which contains terms and conditions specific to the Technology therein +identified as well as the specifics of the Compliance Materials and +requirements for such Technology. + +III. COMMERCIAL USE RIGHTS. + +A. Commercial Use. Subject to and conditioned upon Your compliance with the +terms and conditions of Your Research Use license and the additional terms and +conditions set forth in this CUSupp and associated Technology-Specific +Attachment(s), including the provisions of Section IV, below, Original +Contributor hereby adds to those rights enumerated under Section III.A.1 of +the Research Use license the rights to, within the specified Field of Use +denoted in the Technology Specific Attachment: + +e) use the Compliance Materials to determine whether Covered Code constitutes +a Compliant Implementation; +f) use, reproduce, display, perform and distribute internally source and +object code copies of Compliant Implementations for Commercial Use; +g) reproduce and distribute to third parties and Community Members through +multiple tiers of distribution object code copies of Compliant Implementations +for Commercial Use; +h) reproduce and distribute the source code of Compliant Implementations to +Community Members licensed for Commercial Use of the same Technology; and +i) reproduce and distribute a copy of the Technology Specifications (which may +be reformatted, but must remain substantively unchanged) with Compliant +Implementations for Commercial Use. + +B. Covenant. In addition, Original Contributor's covenant under Section +III.A.2 is hereby expanded to include Your using, making, having made, +selling, importing and distributing Compliant Implementations for Commercial +Use insofar as permitted above. + +IV. ADDITIONAL REQUIREMENTS AND COMMUNITY RESPONSIBILITIES. + +As a condition to the Commercial Use rights granted above, You must comply +with the following restrictions and community responsibilities (in addition to +those in the License): + +F. Certification. You may distribute source code of Compliant Implementations +for Commercial Use only to Community Members from whom You have first obtained +a certification of status in the form set forth in Attachment A-1. You must +keep a copy of each such certificate and acknowledgment You obtain and provide +a copy to Original Contributor, if requested. + +G. Compliance Materials. Depending on the Technology licensed, Your access to +and use of the Compliance Materials may be subject to additional requirements +such as entering into a support agreement and trademark license. Such +additional requirements, if any, are as set out in the Technology-Specific +Attachment. You agree to comply fully with all such applicable requirements. + +H. Compatibility. Only Compliant Implementations may be used and distributed +for Commercial Use. + +I. Commercial Distribution Requirement. You may distribute object code copies +for Commercial Use as herein contemplated under a license agreement of Your +choice which is consistent with Your rights and obligations under the License +and this CUSupp. You may provide warranties, indemnities and/or other +additional terms and conditions in Your license agreements, provided that it +is clear that such additional terms and conditions are offered by You only. +You hereby agree to hold each Community Member harmless and indemnify them +against any liability arising in connection with such terms and conditions. +You will pay all damages, costs and fees awarded by a court or arbitrator +having jurisdiction over the matter or any settlement amount negotiated by You +and attributable to such claim. + +J. End User License Terms. You must include the following terms and conditions +in end user license agreements accompanying copies of Compliant +Implementations distributed for Commercial User hereunder: + +1. Software contains copyrighted information of Sun Microsystems, Inc. and +title is retained by Sun. + +2. Use, duplication or disclosure by the United States government is subject +to the restrictions set forth in the Rights in Technical Data and Computer +Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as +applicable. + +K. Defense. Original Contributor will have the right, but not the obligation, +to defend You, at Original Contributor's expense, in connection with a claim +that Your Commercial Use of Reference Code is an infringement of a third +party's intellectual property rights, in which case You agree to cooperate +with Original Contributor and Original Contributor will pay all damages costs +and fees awarded by a court or tribunal of competent jurisdiction, or such +settlement amount negotiated by Original Contributor and attributable to such +claim. + +L. Notice of Breach or Infringement. Each party shall notify the other +immediately in writing when it becomes aware of any breach or violation of the +terms of this License, or when You become aware of any potential or actual +infringement by a third party of the Technology or Sun's intellectual property +rights therein. + +M. Proprietary Rights Notices. You must not remove any copyright notices, +trademark notices or other proprietary legends of Original Contributor or its +suppliers contained on or in the Covered Code, Technology Specifications and +Contributed Code Specifications. + +N. Relationship. The relationship created is that of licensor and licensee +only. You hereby waive the benefit of any law or regulation dealing with the +establishment and regulation of franchises or agencies. + +Agreed: +You Original Contributor + +By: ______________________________ + +Name: ____________________________ + +Title: ___________________________ + +Date: ____________________________ + +By: ______________________________ + +Name: ____________________________ + +Title: ___________________________ + +Date: ____________________________ + + +TECHNOLOGY SPECIFIC ATTACHMENT TO THE SUN COMMUNITY SOURCE LICENSE JINI +TECHNOLOGY CORE PLATFORM Version: 3.0/Jini TSA 1.0 + +1. Effect. This Technology Specific Attachment to the Commercial Use +Supplement applies to the Jini Technology Core Platform as described on the +Technology Site. The rights and responsibilities set forth in this Technology +Specific Attachment are additional to those in Your License and the CUSupp. +The term "License" hereinafter refers to the License, the CUSupp, and this +Technology Specific Attachment. + +2. Additional Requirements and Responsibilities. In addition to the +requirements and responsibilities specified in the License, and as a condition +to exercising the rights granted therein, You agree to the following +additional requirements and responsibilities: + + + +a) Distribution of Source Code. Source Code of a Compliant Implementation +authorized for distribution for Commercial Use may be distributed only to +another Commercial Use Licensee of the same Technology. You must include a +prominent notice with every copy of Source Code of Covered Code that You +distribute indicating that use is limited to Licensees in good standing and is +subject to the terms and conditions of this License. You may not offer or +impose any terms on any Source Code of Covered Code that alters the +recipient's rights, requirements, and responsibilities under the recipient's +License. + +b) Upgraded Code. From time to time, Original Contributor may post Upgraded +Code to the community web-server described at the Technology Site. Upgraded +Code as used in this Section 2 means new versions of the Technology designated +by Original Contributor as an upgrade to the Technology at the Technology +Site. Wherever commercially and technically reasonable, You agree that each +release by You of a product comprising or incorporating a Compliant +Implementation will implement the most current Upgraded Code available no less +than one hundred and twenty (120) days prior to Your Commercial Use of such +Compliant Implementation. If you determine that it is not commercially or +technically reasonable to incorporate Upgraded Code as contemplated, You are +then not required to incorporate such Upgraded Code provided that, from the +date one hundred twenty (120) days after such Upgraded Code is first made +commercially available, You may not thereafter, for Commercial Use, distribute +any new Modifications or Interfaces, alone or integrated with Covered Code or +other code, unless and until such time as You incorporate the then-current +Upgraded Code and pass the associated TCK. You may, however make Error +Corrections and You may correct the adverse effect of a failure of Your +Modifications and Interfaces to perform their functions. It is Original +Contributor's intent to maintain compatibility between Covered Code and +Upgraded Code. + +c) Additional Services. If you provide any services, in the form of interfaces +or otherwise, whose functions are substantially similar to those core services +whose Interfaces are provided under this License (the "Standard Service +Interfaces"), then You must also support the Standard Service Interfaces in +Your product or technology. In addition, You must support Standard Service +Interfaces associated with Upgraded Code in connection with Your Commercial +Use of Compliant Implementations in the same manner as required for Upgraded +Code under Section 2.b. + +d) Branding. Compliant Implementations used for Commercial Use may, at Your +option, be branded with the Technology compliance logo under a separate +trademark license to be executed by You and Original Contributor concurrent +with execution of this Technology Specific Attachment. + + +3. Support Programs. + +a) Support to You. Technical support is not provided to You by Original +Contributor under this License. You may obtain one or more support programs, +if available, from Original Contributor relating to the Technology which are +described on the Technology Site. + +b) Customer Support. You are responsible for providing technical and +maintenance support services to Your customers for Your products and services +incorporating the Compliant Implementation. + +4. Royalties and Payments. + +Royalty per Unit $: None. + +5. Compliance Materials; Use Restrictions. + +Compliance Materials: Jini Technology Core Platform Compatibility Kit + + + +a) The Compliance Materials for the Technology may be accessed at the +Technology Site. + +b) You are not authorized to create derivative works of the Compliance +Materials or use the Compliance Materials to test any implementation of the +Technology Specifications that are not Covered Code. You shall only use the +Compliance Materials for purposes of verifying compatibility with the +Technology Specifications. You must not publish your test results or make +claims of comparative compatibility with respect to other implementations of +the Technology Specifications. In consideration for the license grant in +Section III.A of the CUSupp, You agree not to develop Your own tests which are +intended to validate conformance with the Technology Specifications. + +c) Notwithstanding subsection 6.b above, You may use and modify the Source +Code of programming code contained in the Compliance Materials for the sole +purpose of creating error corrections or modifications to the Compliance +Materials to propose to Original Contributor for inclusion in the Compliance +Materials. You may not use such modified code for any other purpose including, +without limitation, in testing Covered Code pursuant to Section III.A. Any +changes to the Compliance Materials which you propose to Original Contributor +shall be subject to the license grant set forth in Section III.B. + +6. Requirements for Determining Compliance. + +a) Development Restrictions. A Compliant Implementation: + +i. must fully comply with the Technology Specifications for the Technology to +which this Technology Specific Attachment applies; and + +ii. must not modify or extend the required public class or public interface +declarations whose names begin with "java", "javax", "jini", "net.jini", +"sun.hotjava", "COM.sun" or their equivalents in any subsequent class, +interface and/or package naming convention adopted by Original Contributor. It +is specifically suggested that You name any new Java packages using the +"Unique Package Naming Convention" as described in "The Java Language +Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN 0-201-63451-1, +August 1996. Section 7.7 "Unique Package Names", on pages 125 and 126 of this +specification says in part: + +You form a unique package name by first having (or belonging to an +organization that has) an Internet domain name, such as "sun.com". You then +reverse the name, component by component, to obtain, in this example, +"com.sun" and use this as a prefix for your package names, using a convention +developed within your organization to further administer package names. + +b) Covered Code. All Covered Code must constitute a Compliant Implementation +prior to any Commercial Use (other than pre-deployment testing), whether +originating with You or acquired through a third party. Successful +compatibility testing must be completed by You, or by a third party authorized +by Original Contributor to conduct such tests, using the most current version +of the applicable Compliance Materials available no less than one hundred and +twenty (120) days prior to Your Commercial Use. If You make any further +Modifications to any Covered Code previously determined to be a Compliant +Implementation, You must retest the new Covered Code to ensure that it +continues to be a Compliant Implementation. For this retest, You may use the +same version of the Compliance Materials as used originally or, at your +option, You may use a more current version of the Compliance Materials. + +c) Test Results. Upon Original Contributor's written request, You agree to +provide to Original Contributor or the third party test facility, if +applicable, Your test results that demonstrate that Covered Code is a +Compliant Implementation, and that Original Contributor may publish or +otherwise distribute such test results. + +Agreed: +You Original Contributor + +By: ______________________________ + +Name: ____________________________ + +Title: ___________________________ + +Date: ____________________________ + +By: ______________________________ + +Name: ____________________________ + +Title: ___________________________ + +Date: ____________________________ -- cgit v1.2.3