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.
