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210 lines
10 KiB
210 lines
10 KiB
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU
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ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
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AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY
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DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THE
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AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON
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AT THE BOTTOM OF THIS PAGE.
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Specification: JSR 67 Java APIs for XML Messaging 1.0 ("Specification")
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Version: 1.3
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Status: Final Release
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Release: 7 April 2006
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Copyright 2006 SUN MICROSYSTEMS, INC.
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4150 Network Circle, Santa Clara, California 95054, U.S.A
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All rights reserved.
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LIMITED LICENSE GRANTS
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1. License for Evaluation Purposes. Sun hereby grants you a fully-paid,
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non-exclusive, non-transferable, worldwide, limited license (without the right
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to sublicense), under Sun's applicable intellectual property rights to view,
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download, use and reproduce the Specification only for the purpose of internal
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evaluation. This includes (i) developing applications intended to run on an
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implementation of the Specification, provided that such applications do not
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themselves implement any portion(s) of the Specification, and (ii) discussing
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the Specification with any third party; and (iii) excerpting brief portions of
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the Specification in oral or written communications which discuss the
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Specification provided that such excerpts do not in the aggregate constitute a
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significant portion of the Specification.
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2. License for the Distribution of Compliant Implementations. Sun also grants
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you a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up,
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royalty free, limited license (without the right to sublicense) under any
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applicable copyrights or, subject to the provisions of subsection 4 below,
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patent rights it may have covering the Specification to create and/or distribute
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an Independent Implementation of the Specification that: (a) fully implements
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the Specification including all its required interfaces and functionality; (b)
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does not modify, subset, superset or otherwise extend the Licensor Name Space,
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or include any public or protected packages, classes, Java interfaces, fields or
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methods within the Licensor Name Space other than those required/authorized by
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the Specification or Specifications being implemented; and (c) passes the
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Technology Compatibility Kit (including satisfying the requirements of the
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applicable TCK Users Guide) for such Specification ("Compliant Implementation").
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In addition, the foregoing license is expressly conditioned on your not acting
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outside its scope. No license is granted hereunder for any other purpose
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(including, for example, modifying the Specification, other than to the extent
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of your fair use rights, or distributing the Specification to third parties).
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Also, no right, title, or interest in or to any trademarks, service marks, or
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trade names of Sun or Sun's licensors, Sun or the Sun's licensors is granted
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hereunder. Java, and Java-related logos, marks and names are trademarks or
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registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
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3. Pass-through Conditions. You need not include limitations (a)-(c) from the
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previous paragraph or any other particular "pass through" requirements in any
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license You grant concerning the use of your Independent Implementation or
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products derived from it. However, except with respect to Independent
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Implementations (and products derived from them) that satisfy limitations
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(a)-(c) from the previous paragraph, You may neither: (a) grant or otherwise
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pass through to your licensees any licenses under Sun's applicable intellectual
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property rights; nor (b) authorize your licensees to make any claims concerning
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their implementation's compliance with the Spec in question.
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4. Reciprocity Concerning Patent Licenses.
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a. With respect to any patent claims covered by the license granted under
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subparagraph 2 above that would be infringed by all technically feasible
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implementations of the Specification, such license is conditioned upon your
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offering on fair, reasonable and non-discriminatory terms, to any party seeking
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it from You, a perpetual, non-exclusive, non-transferable, worldwide license
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under Your patent rights which are or would be infringed by all technically
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feasible implementations of the Specification to develop, distribute and use a
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Compliant Implementation.
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b With respect to any patent claims owned by Sun and covered by the license
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granted under subparagraph 2, whether or not their infringement can be avoided
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in a technically feasible manner when implementing the Specification, such
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license shall terminate with respect to such claims if You initiate a claim
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against Sun that it has, in the course of performing its responsibilities as the
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Specification Lead, induced any other entity to infringe Your patent rights.
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c Also with respect to any patent claims owned by Sun and covered by the license
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granted under subparagraph, where the infringement of such claims can be avoided
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in a technically feasible manner when implementing the Specification such
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license, with respect to such claims, shall terminate if You initiate a claim
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against Sun that its making, having made, using, offering to sell, selling or
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importing a Compliant Implementation infringes Your patent rights.
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5. Definitions. For the purposes of this Agreement: "Independent Implementation"
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shall mean an implementation of the Specification that neither derives from any
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of Sun's source code or binary code materials nor, except with an appropriate
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and separate license from Sun, includes any of Sun's source code or binary code
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materials; "Licensor Name Space" shall mean the public class or interface
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declarations whose names begin with "java", "javax", "com.sun" or their
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equivalents in any subsequent naming convention adopted by Sun through the Java
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Community Process, or any recognized successors or replacements thereof; and
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"Technology Compatibility Kit" or "TCK" shall mean the test suite and
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accompanying TCK User's Guide provided by Sun which corresponds to the
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Specification and that was available either (i) from Sun 120 days before the
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first release of Your Independent Implementation that allows its use for
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commercial purposes, or (ii) more recently than 120 days from such release but
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against which You elect to test Your implementation of the Specification.
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This Agreement will terminate immediately without notice from Sun if you breach
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the Agreement or act outside the scope of the licenses granted above.
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DISCLAIMER OF WARRANTIES
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THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
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WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
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(INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE
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SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY
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PURPOSE. This document does not represent any commitment to release or implement
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any portion of the Specification in any product. In addition, the Specification
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could include technical inaccuracies or typographical errors.
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LIMITATION OF LIABILITY
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
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LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR
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DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
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HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
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RELATED IN ANY WAY TO YOUR HAVING, IMPLEMENTING OR OTHERWISE USING THE
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SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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You will indemnify, hold harmless, and defend Sun and its licensors from any
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claims arising or resulting from: (i) your use of the Specification; (ii) the
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use or distribution of your Java application, applet and/or implementation;
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and/or (iii) any claims that later versions or releases of any Specification
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furnished to you are incompatible with the Specification provided to you under
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this license.
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RESTRICTED RIGHTS LEGEND
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U.S. Government: If this Specification is being acquired by or on behalf of the
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U.S. Government or by a U.S. Government prime contractor or subcontractor (at
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any tier), then the Government's rights in the Software and accompanying
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documentation shall be only as set forth in this license; this is in accordance
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with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
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acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
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REPORT
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If you provide Sun with any comments or suggestions concerning the Specification
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("Feedback"), you hereby: (i) agree that such Feedback is provided on a
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non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual,
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non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to
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sublicense through multiple levels of sublicensees, to incorporate, disclose,
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and use without limitation the Feedback for any purpose.
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GENERAL TERMS
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Any action related to this Agreement will be governed by California law and
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controlling U.S. federal law. The U.N. Convention for the International Sale of
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Goods and the choice of law rules of any jurisdiction will not apply.
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The Specification is subject to U.S. export control laws and may be subject to
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export or import regulations in other countries. Licensee agrees to comply
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strictly with all such laws and regulations and acknowledges that it has the
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responsibility to obtain such licenses to export, re-export or import as may be
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required after delivery to Licensee.
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This Agreement is the parties' entire agreement relating to its subject matter.
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It supersedes all prior or contemporaneous oral or written communications,
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proposals, conditions, representations and warranties and prevails over any
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conflicting or additional terms of any quote, order, acknowledgment, or other
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communication between the parties relating to its subject matter during the term
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of this Agreement. No modification to this Agreement will be binding, unless in
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writing and signed by an authorized representative of each party.
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Rev. January, 2006
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Sun/Final/Full
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