gentoo-overlay/licenses/sun-jdl

JAVA DISTRIBUTION LICENSE (VER. 1.0)
Java 3D

I. LICENSE GRANTS, TERMS AND RESTRICTIONS

1.0 General License Terms. This Java Distribution License ("JDL") is
between Sun Microsystems, Inc. ("Sun") and You where "You" means the
individual or legal entity exercising rights under this
JDL. "Technology" means the following as provided under this JDL: (i)
the source code and binary code from the Reference Implementation
("RI") of the Java 3DTM version 1.3 Specification (the
"Specification") and related documentation, all as revised or upgraded
and made available hereunder; and (ii) the associated technology
compatibility kit ("TCK"). The TCK contains the TCK documentation,
user's guide ("TCK User's Guide"), test tools and test suite
associated with the Specification, as revised or upgraded by Sun. The
TCK is provided so that You may determine if Your implementation is
compliant with the Specification. "Modifications" means any (i) change
or addition to or derivative of the Technology; or (ii) new source or
object code implementing the Specification for the
Technology. "Commercial Use" means: (i) Your use of the RI and/or
Modifications as part of a Compatible Implementation within Your
business or organization, but only by Your employees or agents; and/or
(ii) any use or distribution, directly or indirectly by You of the RI
and/or Modifications as part of a Compatible Implementation to any
third party, alone or bundled with any other software or hardware, for
direct or indirect commercial or strategic gain or advantage. By Your
use or distribution of the Technology and Modifications, You agree to
the terms of this JDL.

2.0 License Grants, Restrictions and Termination.

2.1 Commercial Use and Internal Deployment License Grants. Subject to
the terms of this JDL, Sun grants to You, to the extent of Sun's
licensable copyrights, patents and trade secrets in the RI, a limited,
non-exclusive, non-transferable, worldwide and royalty-free license to
modify, compile, reproduce, distribute, internally use and internally
deploy code and related documentation from the RI and/or Modifications
for Commercial Use, but only as part of Your own Compatible
Implementation (as defined below), and only if You make such
distributions as follows:

(i) Source Code. You can only distribute source code for the RI and
Modifications under all of the following conditions: (a) You make such
distribution under the terms of this JDL; (b) without offering or
imposing any different terms; (c) to a receipient who has accepted the
terms of this JDL; and (d) You provide a copy of this JDL to each such
receipient;

(ii) Binary Code. You can distribute binary code for the RI and
Modifications but only under license terms which (a) have been
accepted by the receipient; (b) are consistent, and not conflicting,
with the terms of the JDL; and (c) where such terms are no less
protective of Sun than the terms of this JDL.

2.2 TCK License Grant. Subject to the terms of this JDL, Sun grants to
You, to the extent of Sun's licensable copyrights, patents and trade
secrets in the TCK, a limited, non-exclusive, non-transferable,
worldwide and royalty-free license to internally use the TCK for the
sole purpose of developing and testing Your Compatible Implementations
(as defined below).

2.2.1 TCK Master Support Agreement. If you desire support for the TCK,
You may execute a separate TCK master support with Sun as described on
the Technology Site or on such other URL as Sun may designate from
time to time.

2.2.2 TCK Use Terms. Your TCK license grant hereunder is expressly
conditioned upon your continued adherance to the following
restrictions:

(i) You may not sublicense or distribute the TCK to any third party
except for any specific TCK code files identified as redistributables
in the TCK User's Guide ("Redistributables"), but only: (a) as part of
a TCK Adaptor accompanying a Compatible Implementation (where a "TCK
Adaptor" means a program that effects interoperability between the TCK
and the Compatible Implementation); and (b) pursuant to a license
agreement that protects Sun's interests consistent with the terms of
the JDL;

(ii) You may not create derivative works of the TCK nor of any of its
components except for the Redistributables in a TCK Adaptor;

(iii) You may not disassemble or decompile binary portions of the
TCK's test suites or test tools or otherwise attempt to derive the
source code from such binary portions;

(iv) You may not develop other test suites intended to validate
compatibility with the Specification to which the TCK licensed
hereunder corresponds;

(v) You may not use the TCK to test a third party's product;

(vi) You may not make Commercial Use of code which implements any
portion of the Specification unless such code is included in a
Compatible Implementation;

(vii) You may disclose Test Reports (where "Test Reports" means those
reports generated by the TCK which identify only configuration
information and the status of individual or aggregate test executions)
for an implementation which You are attempting to certified in
accordance with the terms of this JDL for the sole purpose of making
Your implementation a Compatible Implementation, but you may not make
any claims of comparative compatibility nor disclose any other TCK
testing information to any party. For example, You cannot claim that
Your implementation is "nearly compatible" or "98% compatible." When
You share Test Reports in any public forum, including mailing lists,
marketing material or press releases, and Your implementation is not a
Compatible Implementation, You must state that Your implementation is
"not compatible;" and

(viii) You will protect the TCK as confidential information of Sun
and, except as expressly authorized herein, You may not disclose the
TCK to any third party. This obligation of confidentiality with
respect to the TCK will survive any termination or expiration of this
JDL.

2.3 Term and Termination. This JDL shall have an initial term of two
(2) years after your acceptance of this JDL and shall thereafter
automatically renew for additional one year terms unless either party
provides notice to the other party sixty (60) days prior to an
anniversary date. The license grants of this JDL, are expressly
conditioned upon Your not acting outside their scope, and Your
continued compliance with the material provisions of this JDL. All
license grants under this JDL will automatically and immediately be
revoked without notice if You fail to so comply. Upon termination or
expiration of this JDL, You must discontinue all use and distribution
of the Technology and any Compatible Implementation licensed under
this JDL. All sublicenses You have properly granted hereunder shall
survive termination or expiration of Your rights under the
JDL. Provisions which should, by their nature, remain in effect after
termination or expiration shall survive, including, without
limitation, the provisions of Article II (General Terms) and the TCK
confidentiality obligations under this JDL.

2.4 General License Restrictions. Some portions of the Technology are
provided with notices and/or open source or other licenses from other
parties which govern the use of those portions. Your use or
distribution of encryption technology contained within the Technlogy
is subject to all applicable governmental regulations of the United
States of America and the country where the Technology is
deployed. You agree to comply with the U.S. export controls and trade
laws of other countries that apply to the Technology and Compatible
Implementations. You acknowledge that the Technology is not designed,
licensed or intended for use in the design, construction, operation or
maintenance of any nuclear facility. Other than the rights granted
herein, Sun retains all rights, title, and interest in the Technlogy.

3.0 Compatibility and Use of the TCK.

3.1 Compatible Implementation TCK Requirements. Your use of the RI
and/or Modifications as part of an implementation of the Specification
is a "Compatible Implementation" if the implementation meets the
following requirements:

3.1.1 A Compatible Implementation must comply with the full
Specification, including all its required interfaces and
functionality;

3.1.2 A Compatible Implementation must either: (i) pass the most
current compatibility requirements (as defined by the TCK User's
Guide) which were made available by Sun one hundred twenty (120) days
before first commercial shipment ("FCS") of each version of the
Compatible Implementation (eg. if Your FCS was December 31, 2003, You
must have passed the most current version of the TCK as of September
2, 2003); or (ii) at Your option, pass all the compatibility
requirements of a newer version of the TCK and its associated TCK
User's Guide;

3.1.3 A Compatible Implementation may not modify the functional
behavior of the "Java Classes" which means the specific class
libraries associated with the Technology; and

3.1.4 A Compatible Implementation may not modify, subset, superset or
otherwise extend the Licensor Name Space, nor include any public or
protected packages, classes, Java interfaces, fields or methods within
the Licensor Name Space other than those required and/or authorized by
the Specification. "Licensor Name Space" means 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.

3.2 Self-Certification for Compatibility. You shall self-certify that
Your Compatible Implementation passes the applicable TCK as set forth
above, if and when Your Compatible Implementation in fact does so,
provided that:

3.2.1 If Sun policy also requires verification of compatibility for
Your Compatible Implementation then You shall, prior to the FCS of the
Compatible Implementation, submit verification of compatibility to Sun
or to an independent test facility designated by Sun. If such
verification is by an independent test facility, then the reasonable
costs of such activity (including any applicable fees) shall be at
Your expense. Sun may publish or otherwise disclose Your test results.

3.2.2 Upon thirty (30) days written notice by Sun, and no more than
two (2) times per calendar year, You shall permit Sun or its
authorized representative to inspect and test any Compatible
Implementation which has been self-certified per this subsection 3.2
to ensure that such Compatible Implementation meets the compatibility
and other requirements for a Compatible Implementation as set forth
herein. The reasonable costs of such inspection shall be at Sun's
expense; provided, however, that You shall reimburse Sun for such
costs if the inspection reveals that the Compatible Implementation
does not meet such requirements and these deficiencies are not cured
within thirty (30) days.

4.0 Fees and Royalties. There are no fees or royalites associated with
the license grants for the Technology licensed under this JDL.

II. GENERAL TERMS

5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS
IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
TECHNOLOGY AND/OR MODIFICATIONS 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 TECHNOLOGY AND/OR MODIFICATIONS ARE UNDER
THIS JDL. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED
WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU

6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole
discretion, upon any action initiated by You alleging that the use or
distribution of the Technology and/or Modifications by Sun, or any
other licensee of the Technology and/or Modifications, infringes a
patent owned or controlled by You. In addition, if any portion of, or
functionality implemented by, the Technology becomes the subject of a
claim or threatened claim of infringement ("Affected Materials"), Sun
may, at its sole option, (i) attempt to procure the rights necessary
for You to continue using the Affected Materials, (ii) modify the
Affected Materials so that they are no longer infringing, or (iii)
immediately suspend Your rights to use and distribute the Affected
Materials under this JDL by posting of notice of suspension on the
Technology Site, and refund toYou the amount, if any, having then
actually been paid by You to Sun under this JDL, on a straight line,
five year basis .

7.0 Limitation of Liability. Sun will be not be liable for any claims
relating to, or arising out of, this JDL, whether in tort, contract or
otherwise, in an amount in excess of any annual license fees You paid
to Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN
CONNECTION WITH OR ARISING OUT OF THIS JDL (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY
SORT), HOWEVER IT ARISES AND UNDER ANY THEORY OF LIABILITY (including
negligence), REGARDLESS OF WHETHER OR NOT SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL
SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE
ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON
WHATSOEVER CANNOT BE DISCLAIMED THEN THE ENTIRE LIABILITY OF SUN UNDER
ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH
DAMAGES, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTALLY PAID BY
YOU FOR THE TECHNOLOGY OR FIVE HUNDRED US DOLLARS, WHICHEVER IS
GREATER. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION
OF INCIDENTALS OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.

8.0 Support. Sun does not provide any support for the Technology or
the TCK to either You or Your customers under this JDL. Support for
the TCK is provided under a separate TCK master support agreement. If
You desire support for the RI, You may contact Sun. You are solely
reponsible for providing all support to Your customers with respect to
the Technology, TCK, Modifications and/or Compatible Implementation.

9.0 Marketing and Press Announcements. Your initial press announcement
concerning execution of this JDL must be reviewed and approved by Sun
prior to its release. You hereby authorizes Sun to include You in a
published list of licensees of the Technology. Sun shall also be
authorized to use Your name in advertising, marketing collateral, and
customer success stories prepared by or on behalf of Sun for the
Technology subject to Your prior approval, such approval not to be
unreasonably withheld or delayed.

10.0 Notices. All notices required by this JDL must be in writing. Sun
shall deliver notice to You via either e-mail or by physical mail
based on the information You provided to Sun when you accepted this
JDL. Notices by You to Sun will be effective only upon receipt by Sun
at the following physical addresses: Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, California 95054, Attn.: Sun Software VP
of Sales, cc: General Counsel, cc: Product Law Legal Department or to
such different address as Sun provides on the Technology Site for such
purpose.

11.0 Proprietary Rights Notices and Branding Requirements. There are
no specific branding requirements associated with the Technology under
this JDL. You may not remove any copyright notices, trademark notices
or other proprietary legends of Sun or its suppliers contained on or
in the Technology, including any notices of licenses for open source
components. You agree to comply with the Sun Trademark and Logo Usage
Requirements currently located at
http://www.sun.com/policies/trademarks. Except as provided in this
JDL, no right, title or interest to Sun's trademarks, brands or logos
is granted herein.

12.0 U.S. Government End Users. The Technology and Modifications are 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 Technology and/or Modifications with
only those rights set forth herein. You agree to pass this notice to
Your licensees.

13.0 Miscellaneous. This JDL 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
relationship created under this JDL is that of licensor and licensee
and does not create any other relationship such as a partnership,
franchise, joint venture, agency or employment relationship between
the parties. This JDL may not be assigned or transferred by either
party without the prior written consent of the other party, which
consent shall not be unreasonably withheld or delayed, except that Sun
may assign: (i) to an affiliated company, or (ii) in the event of a
merger, acquisition or sale of all or substantially all of the assets
of Sun. Any express waiver or failure to exercise promptly any right
under this Agreement will not create a continuing waiver nor any
expectation of non-enforcement. The disclaimer of warranties and
limitations of liability constitute an essential basis of the bargain
in this JDL. This JDL represents the complete agreement of the parties
concerning the subject matter hereof and may not be modified or
amended in whole or part, except by a written instrument signed by the
parties' authorized representatives. Nothing herein shall supersede or
modify the terms of any separate signed written license agreement You
may have executed with Sun regarding the Technology.

YOU:    By:  ___________________________________        Name:  ___________________________________

        Title: __________________________________       Date: _____________________________________