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SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE
THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF
THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS
SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF
THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS
PAGE.
Specification: JAVA PLATFORM, STANDARD EDITION
("Specification")
Version: 6
Status: Final Release
Release: December 7, 2006
Copyright 2006 SUN MICROSYSTEMS, INC.
4150 Network Circle, Santa Clara, California 95054,
U.S.A
All rights reserved.
LIMITED LICENSE GRANTS
1. License for Evaluation Purposes. Sun hereby grants
you a fully-paid, non-exclusive, non-transferable,
worldwide, limited license (without the right to
sublicense), under Sun's applicable intellectual
property rights to view, download, use and reproduce
the Specification only for the purpose of internal
evaluation. This includes (i) developing applications
intended to run on an implementation of the
Specification, provided that such applications do not
themselves implement any portion(s) of the
Specification, and (ii) discussing the Specification
with any third party; and (iii) excerpting brief
portions of the Specification in oral or written
communications which discuss the Specification
provided that such excerpts do not in the aggregate
constitute a significant portion of the Specification.
2. License for the Distribution of Compliant
Implementations. Sun also grants you a perpetual,
non-exclusive, non-transferable, worldwide, fully
paid-up, royalty free, limited license (without the
right to sublicense) under any applicable copyrights
or, subject to the provisions of subsection 4 below,
patent rights it may have covering the Specification
to create and/or distribute an Independent
Implementation of the Specification that: (a) fully
implements the Specification including all its
required interfaces and functionality; (b) does not
modify, subset, superset or otherwise extend the
Licensor Name Space, or include any public or
protected packages, classes, Java interfaces, fields
or methods within the Licensor Name Space other than
those required/authorized by the Specification or
Specifications being implemented; and (c) passes the
Technology Compatibility Kit (including satisfying the
requirements of the applicable TCK Users Guide) for
such Specification ("Compliant Implementation"). In
addition, the foregoing license is expressly
conditioned on your not acting outside its scope. No
license is granted hereunder for any other purpose
(including, for example, modifying the Specification,
other than to the extent of your fair use rights, or
distributing the Specification to third parties).
Also, no right, title, or interest in or to any
trademarks, service marks, or trade names of Sun or
Sun's licensors is granted hereunder. Java, and
Java-related logos, marks and names are trademarks or
registered trademarks of Sun Microsystems, Inc. in the
U.S. and other countries.
3. Pass-through Conditions. You need not include
limitations (a)-(c) from the previous paragraph or any
other particular "pass through" requirements in any
license You grant concerning the use of your
Independent Implementation or products derived from
it. However, except with respect to Independent
Implementations (and products derived from them) that
satisfy limitations (a)-(c) from the previous
paragraph, You may neither: (a) grant or otherwise
pass through to your licensees any licenses under
Sun's applicable intellectual property rights; nor
(b) authorize your licensees to make any claims
concerning their implementation's compliance with the
Specification in question.
4. Reciprocity Concerning Patent Licenses.
a. With respect to any patent claims covered
by the license granted under subparagraph 2 above that
would be infringed by all technically feasible
implementations of the Specification, such license is
conditioned upon your offering on fair, reasonable and
non-discriminatory terms, to any party seeking it from
You, a perpetual, non-exclusive, non-transferable,
worldwide license under Your patent rights which are
or would be infringed by all technically feasible
implementations of the Specification to develop,
distribute and use a Compliant Implementation.
b With respect to any patent claims owned by
Sun and covered by the license granted under
subparagraph 2, whether or not their infringement can
be avoided in a technically feasible manner when
implementing the Specification, such license shall
terminate with respect to such claims if You initiate
a claim against Sun that it has, in the course of
performing its responsibilities as the Specification
Lead, induced any other entity to infringe Your patent
rights.
c Also with respect to any patent claims
owned by Sun and covered by the license granted under
subparagraph 2 above, where the infringement of such
claims can be avoided in a technically feasible manner
when implementing the Specification such license, with
respect to such claims, shall terminate if You
initiate a claim against Sun that its making, having
made, using, offering to sell, selling or importing a
Compliant Implementation infringes Your patent rights.
5. Definitions. For the purposes of this Agreement:
"Independent Implementation" shall mean an
implementation of the Specification that neither
derives from any of Sun's source code or binary code
materials nor, except with an appropriate and separate
license from Sun, includes any of Sun's source code
or binary code materials; "Licensor Name Space" shall
mean the public class or interface declarations whose
names begin with "java", "javax", "com.sun" or their
equivalents in any subsequent naming convention
adopted by Sun through the Java Community Process, or
any recognized successors or replacements thereof; and
"Technology Compatibility Kit" or "TCK" shall mean the
test suite and accompanying TCK User's Guide provided
by Sun which corresponds to the Specification and
that was available either (i) from Sun's 120 days
before the first release of Your Independent
Implementation that allows its use for commercial
purposes, or (ii) more recently than 120 days from
such release but against which You elect to test Your
implementation of the Specification.
This Agreement will terminate immediately without
notice from Sun if you breach the Agreement or act
outside the scope of the licenses granted above.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY
PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR
THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE
FOR ANY PURPOSE. This document does not represent any
commitment to release or implement any portion of the
Specification in any product. In addition, the
Specification could include technical inaccuracies or
typographical errors.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR
DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
OR RELATED IN ANY WAY TO YOUR HAVING, IMPELEMENTING OR
OTHERWISE USING USING THE SPECIFICATION, EVEN IF SUN
AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You will indemnify, hold harmless, and defend Sun and
its licensors from any claims arising or resulting
from: (i) your use of the Specification; (ii) the use
or distribution of your Java application, applet
and/or implementation; and/or (iii) any claims that
later versions or releases of any Specification
furnished to you are incompatible with the
Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification 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), then the Government's rights in the
Software and accompanying documentation shall be only
as set forth in this license; this is in accordance
with 48 C.F.R. 227.7201 through 227.7202-4 (for
Department of Defense (DoD) acquisitions) and with 48
C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
REPORT
If you provide Sun with any comments or suggestions
concerning the Specification ("Feedback"), you hereby:
(i) agree that such Feedback is provided on a
non-proprietary and non-confidential basis, and (ii)
grant Sun a perpetual, non-exclusive, worldwide, fully
paid-up, irrevocable license, with the right to
sublicense through multiple levels of sublicensees, to
incorporate, disclose, and use without limitation the
Feedback for any purpose.
GENERAL TERMS
Any action related to this Agreement will be governed
by California law and controlling U.S. federal law.
The U.N. Convention for the International Sale of
Goods and the choice of law rules of any jurisdiction
will not apply.
The Specification is subject to U.S. export control
laws and may be subject to export or import
regulations in other countries. Licensee agrees to
comply strictly with all such laws and regulations and
acknowledges that it has the responsibility to obtain
such licenses to export, re-export or import as may be
required after delivery to Licensee.
This Agreement is the parties' entire agreement
relating to its subject matter. It supersedes all
prior or contemporaneous oral or written
communications, proposals, conditions, representations
and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment,
or other communication between the parties relating to
its subject matter during the term of this Agreement.
No modification to this Agreement will be binding,
unless in writing and signed by an authorized
representative of each party.
Rev. April, 2006