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Thomas A. Alspaugh

Sun Community Source License
Version 2.8 (Rev. Date January 17, 2001)

Under Construction

Source: Sun (2010Mar06)  

The Sun Community Source License is not an open source license.

The unnumbered top-level headings in the original have been interpreted as defining top-level sections, and are displayed here with faint square-bracketed numbers that are not in the original. Earlier versions of this page numbered these top-level sections with decimal numbers rather than roman numerals.

Words, repeated phrases.

§IRECITALS

§I¶1§I¶1ṣ1Original Contributor has developed Specifications and Source Code implementations of certain Technology; ṣ1.1and

§I¶2§I¶2ṣ1Original Contributor desires to license the Technology to a large community to facilitate research, innovation and Inserted missing spaceproduct development while maintaining compatibility of such products with the Technology as delivered by Original Contributor; ṣ1.1and

§I¶3§I¶3ṣ1Original Contributor desires to license certain Sun Trademarks for the purpose of branding products that are compatible with the relevant Technology delivered by Original Contributor; ṣ1.1and

§I¶4§I¶4ṣ1You desire to license the Technology and possibly certain Sun Trademarks from Original Contributor on the terms and conditions specified in this License.

§I¶5§I¶5ṣ1In consideration for the mutual covenants contained herein, You and Original Contributor agree as follows:

§IIAGREEMENT

1. §II.1Introduction. §II.1¶1§II.1¶1ṣ1The Sun Community Source License and effective attachments (License) may include five distinct licenses: ṣ1.1Research Use, TCK, Internal Deployment Use, Commercial Use and Trademark License. §II.1¶1ṣ2The Research Use license is effective when You execute this License. §II.1¶1ṣ3The TCK and Internal Deployment Use licenses are effective when You execute this License, unless otherwise specified in the TCK and Internal Deployment Use attachments. §II.1¶1ṣ4The Commercial Use and Trademark licenses must be signed by You and Original Contributor in order to become effective. §II.1¶1ṣ5Once effective, these licenses and the associated requirements and responsibilities are cumulative. §II.1¶1ṣ6Capitalized terms used in this License are defined in the Glossary.

2. §II.2License Grants.

2.1. §II.2.1Original Contributor Grant. §II.2.1¶1§II.2.1¶1ṣ1Subject 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:

1. a) §II.2.1¶1.a§II.2.1¶1.aṣ1Research Use License:
   1. (i) ṣ1.iuse, reproduce and modify the Original Code, Upgraded Code and Specifications to create Modifications and Reformatted Specifications for Research Use by You,
   2. (ii) ṣ1.iipublish and display Original Code, Upgraded Code and Specifications with, or as part of Modifications, as permitted under Section 3.1 b) below,
   3. (iii) ṣ1.iiireproduce and distribute copies of Original Code and Upgraded Code to Licensees and students for Research Use by You,
   4. (iv) ṣ1.ivcompile, reproduce and distribute Original Code and Upgraded Code in Executable form, and Reformatted Specifications to anyone for Research Use by You.
2. b) §II.2.1¶1.b§II.2.1¶1.bṣ1Other 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. §II.2.2Your Grants.

a) §II.2.2.aTo Other Licensees. §II.2.2.a¶1§II.2.2.a¶1ṣ1You 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) §II.2.2.bTo Original Contributor. §II.2.2.b¶1§II.2.2.b¶1ṣ1You 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) §II.2.2.c§II.2.2.c¶1ṣ1Other 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. §II.2.3Contributor Modifications. §II.2.3¶1§II.2.3¶1ṣ1You 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. §II.2.4Subcontracting. §II.2.4¶1§II.2.4¶1ṣ1You 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. §II.2.4¶1ṣ2All 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. §II.3Requirements and Responsibilities.

3.1. §II.3.1Research Use License. §II.3.1¶1§II.3.1¶1ṣ1As a condition of exercising the rights granted under Section 2.1 a) above, You agree to comply with the following:

a) §II.3.1.aYour Contribution to the Community. §II.3.1.a¶1§II.3.1.a¶1ṣ1All Error Corrections and Shared Modifications which You create or contribute to are automatically subject to the licenses granted under Section 2.2 above. §II.3.1.a¶1ṣ2You are encouraged to license all of Your other Modifications under Section 2.2 as Shared Modifications, but are not required to do so. §II.3.1.a¶1ṣ3You agree to notify Original Contributor of any errors in the Specification.

b) §II.3.1.bSource Code Availability. §II.3.1.b¶1§II.3.1.b¶1ṣ1You 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. §II.3.1.b¶1ṣ2Original Contributor may, at its discretion, post Source Code for Your Error Corrections and Shared Modifications on the Community Webserver. §II.3.1.b¶1ṣ3You may also post Error Corrections and Shared Modifications on a web-server of Your choice; ṣ3.1provided, that You must take reasonable precautions to ensure that only Licensees have access to such Error Corrections and Shared Modifications. §II.3.1.b¶1ṣ4Such 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. §II.3.1.b¶1ṣ5An example of an acceptable certification is attached as Attachment A-2.

c) §II.3.1.cNotices. §II.3.1.c¶1§II.3.1.c¶1ṣ1All 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. §II.3.1.c¶1ṣ2You must also include the notice set forth in Attachment A-1 in the file header. §II.3.1.c¶1ṣ3If 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) §II.3.1.dRedistribution.

(i) §II.3.1.d.iSource. §II.3.1.d.i¶1§II.3.1.d.i¶1ṣ1Covered Code may be distributed in Source Code form only to another Licensee (except for students as provided below). §II.3.1.d.i¶1ṣ2You may not offer or impose any terms on any Covered Code that alter the rights, requirements, or responsibilities of such Licensee. §II.3.1.d.i¶1ṣ3You may distribute Covered Code to students for use in connection with their course work and research projects undertaken at accredited educational institutions. §II.3.1.d.i¶1ṣ4Such 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) §II.3.1.d.iiExecutable. §II.3.1.d.ii¶1§II.3.1.d.ii¶1ṣ1You 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) §II.3.1.d.iiiModified Class, Interface and Package Naming. §II.3.1.d.iii¶1§II.3.1.d.iii¶1ṣ1In 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. §II.3.1.d.iii¶1ṣ2Original Contributor grants to You a limited license to the extent necessary for such purposes.

(iv) §II.3.1.d.ivModifications. §II.3.1.d.iv¶1§II.3.1.d.iv¶1ṣ1You 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) §II.3.1.eExtensions.

(i) §II.3.1.e.iCovered Code. §II.3.1.e.i¶1§II.3.1.e.i¶1ṣ1You may not include any Source Code of Community Code in any Extensions.Original has semicolon rather than period

(ii) §II.3.1.e.iiPublication. §II.3.1.e.ii¶1§II.3.1.e.ii¶1ṣ1No 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. §II.3.1.e.ii¶1ṣ2In 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. §II.3.1.e.ii¶1ṣ3Such 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. §II.3.1.e.ii¶1ṣ4You must use reasonable efforts to promptly clarify and correct the specification and the test suite upon written request by Original Contributor.

(iii) §II.3.1.e.iiiOpen. §II.3.1.e.iii¶1§II.3.1.e.iii¶1ṣ1You 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. §II.3.1.e.iii¶1ṣ2This 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) §II.3.1.e.ivClass, Interface and Package Naming. §II.3.1.e.iv¶1§II.3.1.e.iv¶1ṣ1You 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. §II.3.1.e.iv¶1ṣ2It 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 1996Original has period rather than comma, Section 7.7 Unique Package Names, on page 125 of this specification which states, in part:

§II.3.1.e.iv¶3§II.3.1.e.iv¶3ṣ1You form a unique package name by first having (or belonging to an organization that has) an Internet domain name, such as sun.com. §II.3.1.e.iv¶3ṣ2You 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. §II.3.2Additional Requirements and Responsibilities. §II.3.2¶1§II.3.2¶1ṣ1Any additional requirements and responsibilities relating to the Technology are listed in Attachment CF in original, but there is no Attachment F (Additional Requirements and Responsibilities), if applicable, and are hereby incorporated into this Section 3.

4. §II.4Versions of the License.

4.1. §II.4.1License Versions. §II.4.1¶1§II.4.1¶1ṣ1Original Contributor may publish revised versions of the License from time to time. §II.4.1¶1ṣ2Each version will be given a distinguishing version number.

4.2. §II.4.2Effect. §II.4.2¶1§II.4.2¶1ṣ1Once 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. §II.4.2¶1ṣ2You may also choose to use such Covered Code under the terms of any subsequent version of the License. §II.4.2¶1ṣ3No one other than Original Contributor has the right to promulgate License versions.

5. §II.5Disclaimer of Warranty.

5.1. §II.5.1§II.5.1¶1ṣ1COVERED 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. §II.5.1¶1ṣ2YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. §II.5.1¶1ṣ3THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. §II.5.1¶1ṣ4NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.

5.2. §II.5.2§II.5.2¶1ṣ1You acknowledge that Original Code, Upgraded Code and Specifications are not designed or intended for use in

1. (i) ṣ1.ion-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or
2. (ii) ṣ1.iiin the design, construction, operation or maintenance of any nuclear facility.

§II.5.2¶1ṣ2Original Contributor disclaims any express or implied warranty of fitness for such uses.

6. §II.6Termination.

6.1. §II.6.1By You. §II.6.1¶1§II.6.1¶1ṣ1You may terminate this Research Use license at anyNo space in original time by providing written notice to Original Contributor.

6.2. §II.6.2By Original Contributor. §II.6.2¶1§II.6.2¶1ṣ1This License and the rights granted hereunder will terminate:

1. (i) ṣ1.iautomatically 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;
2. (ii) ṣ1.iiimmediately in the event of circumstances specified in Sections 7.1 and 8.4; or
3. (iii) ṣ1.iiiat 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. §II.6.3Effect of Termination. §II.6.3¶1§II.6.3¶1ṣ1Upon termination, You agree to discontinue use and return or destroy all copies of Covered Code in your possession. §II.6.3¶1ṣ2All sublicenses to the Covered Code which you have properly granted shall survive any termination of this License. §II.6.3¶1ṣ3Provisions 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. §II.6.4§II.6.4¶1ṣ1Each 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. §II.7Liability.

7.1. §II.7.1Infringement. §II.7.1¶1§II.7.1¶1ṣ1Should 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,

1. (i) ṣ1.iattempt to procure the rights necessary for You to continue using the Materials,
2. (ii) ṣ1.iimodify the Materials so that they are no longer infringing, or
3. (iii) ṣ1.iiiterminate 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. §II.7.2LIMITATION OF LIABILITY. §II.7.2¶1§II.7.2¶1ṣ1TO 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. §II.7.2¶1ṣ2IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR 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. §II.8Miscellaneous.

8.1. §II.8.1Trademark. §II.8.1¶1§II.8.1¶1ṣ1You agree to comply with the then current Sun Trademark & Logo Usage Requirements accessible through the SCSL Webpage. §II.8.1¶1ṣ2Except as expressly provided in the License, You are granted no right, title or license to, or interest in, any Sun Trademarks. §II.8.1¶1ṣ3You agree not to

1. (i) ṣ3.ichallenge Original Contributor's ownership or use of Sun Trademarks;
2. (ii) ṣ3.iiattempt to register any Sun Trademarks, or any mark or logo substantially similar thereto; or
3. (iii) ṣ3.iiiincorporate any Sun Trademarks into your own trademarks, product names, service marks, company names, or domain names.

8.2. §II.8.2Integration. §II.8.2¶1§II.8.2¶1ṣ1This License represents the complete agreement concerning the subject matter hereof.

8.3. §II.8.3Assignment. §II.8.3¶1§II.8.3¶1ṣ1Original Contributor may assign this License, and its rights and obligations hereunder, in its sole discretion. §II.8.3¶1ṣ2You 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). §II.8.3¶1ṣ3You 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. §II.8.4Severability. §II.8.4¶1§II.8.4¶1ṣ1If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. §II.8.4¶1ṣ2Notwithstanding 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. §II.8.5Governing Law. §II.8.5¶1§II.8.5¶1ṣ1This 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. §II.8.5¶1ṣ2The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

8.6. §II.8.6Dispute Resolution.

a) §II.8.6.a§II.8.6.a¶1ṣ1Any 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. §II.8.6.a¶1ṣ2Arbitration shall be administered:

1. (i) §II.8.6.a¶1.i§II.8.6.a¶1.iṣ1by the American Arbitration Association (AAA),
2. (ii) §II.8.6.a¶1.ii§II.8.6.a¶1.iiṣ1in 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; ṣ1.1and
3. (iii) §II.8.6.a¶1.iii§II.8.6.a¶1.iiiṣ1the arbitrator will apply the substantive laws of California and United States. §II.8.6.a¶1.iiiṣ2Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such award.

b) §II.8.6.b§II.8.6.b¶1ṣ1All 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. §II.8.6.b¶1ṣ2Unless otherwise agreed, arbitration venue shall be in London, Tokyo, or San Francisco, whichever is closest to defendant's principal business office. §II.8.6.b¶1ṣ3The arbitrator may award monetary damages only and nothing shall preclude either party from seeking provisional or emergency relief from a court of competent jurisdiction. §II.8.6.b¶1ṣ4The arbitrator shall have no authority to award damages in excess of those permitted in this License and any such award in excess is void. §II.8.6.b¶1ṣ5All awards will be payable in U.S. dollars and may include, for the prevailing party

1. (i) ṣ5.ipre-judgment award interest,
2. (ii) ṣ5.iireasonable attorneys' fees incurred in connection with the arbitration, and
3. (iii) ṣ5.iiireasonable costs and expenses incurred in enforcing the award.

§II.8.6.b¶1ṣ6The arbitrator will order each party to produce identified documents and respond to no more than twenty-five single question interrogatories.

8.7. §II.8.7Construction. §II.8.7¶1§II.8.7¶1ṣ1Any 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. §II.8.8U.S. Government End Users. §II.8.8¶1§II.8.8¶1ṣ1The 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). §II.8.8¶1ṣ2Consistent 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. §II.8.8¶1ṣ3You agree to pass this notice to Your licensees.

8.9. §II.8.9Press Announcements. §II.8.9¶1§II.8.9¶1ṣ1All press announcements relative to the execution of this License must be reviewed and approved by Original Contributor and You prior to release.

8.10. §II.8.10International Use.

a) §II.8.10.aExport/Import Laws. §II.8.10.a¶1§II.8.10.a¶1ṣ1Covered Code is subject to U.S. export control laws and may be subject to export or import regulations in other countries. §II.8.10.a¶1ṣ2Each 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. §II.8.10.a¶1ṣ3You agree to pass these obligations to Your licensees.

b) §II.8.10.bIntellectual Property Protection. §II.8.10.b¶1§II.8.10.b¶1ṣ1Due 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. §II.8.11Language. §II.8.11¶1§II.8.11¶1ṣ1This 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. §II.8.11¶1ṣ2All 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.

§IIIGLOSSARY

1. §III.1§III.1¶1ṣ1Commercial 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. §III.2§III.2¶1ṣ1Community Code means the Original Code, Upgraded Code, Error Corrections, Shared Modifications, or any combination thereof.

3. §III.3§III.3¶1ṣ1Community Webserver(s) means the webservers designated by Original Contributor for posting Error Corrections and Shared Modifications.

4. §III.4§III.4¶1ṣ1Compliant Covered Code means Covered Code that complies with the requirements of the TCK.

5. §III.5§III.5¶1ṣ1Contributor means each Licensee that creates or contributes to the creation of any Error Correction or Shared Modification.

6. §III.6§III.6¶1ṣ1Covered Code means the Original Code, Upgraded Code, Modifications, or any combination thereof.

7. §III.7§III.7¶1ṣ1Error 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.

8. §III.8§III.8¶1ṣ1Executable means Covered Code that has been converted to a form other than Source Code.

9. §III.9§III.9¶1ṣ1Extension(s) means any additional classes or other programming code and/or interfaces developed by or for You which:

1. (i) ṣ1.iare designed for use with the Technology;
2. (ii) ṣ1.iiconstitute an API for a library of computing functions or services; and
3. (iii) ṣ1.iiiare disclosed to third party software developers for the purpose of developing software which invokes such additional classes or other programming code and/or interfaces.

§III.9¶1ṣ2The foregoing shall not apply to software development by Your subcontractors to be exclusively used by You.

10. §III.10§III.10¶1ṣ1Intellectual Property Rights means worldwide statutory and common law rights associated solely with

1. (i) ṣ1.ipatents and patent applications;
2. (ii) ṣ1.iiworks of authorship including copyrights, copyright applications, copyright registrations and moral rights;
3. (iii) ṣ1.iiithe protection of trade and industrial secrets and confidential information; and
4. (iv) ṣ1.ivdivisions, continuations, renewals, and re-issuances of the foregoing now existing or acquired in the future.

11. §III.11§III.11¶1ṣ1Internal 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. §III.12§III.12¶1ṣ1Licensee means any party that has entered into and has in effect a version of this License with Original Contributor.

13. §III.13§III.13¶1ṣ1Modification(s) means

1. (i) ṣ1.iany change to Covered Code;
2. (ii) ṣ1.iiany new file or other representation of computer program statements that contains any portion of Covered Code; and/or
3. (iii) ṣ1.iiiany new Source Code implementing any portion of the Specifications.

14. §III.14§III.14¶1ṣ1Original Code means the initial Source Code for the Technology as described on the Technology Download Site.

15. §III.15§III.15¶1ṣ1Original Contributor means Sun Microsystems, Inc., its affiliates and its successors and assigns.

16. §III.16§III.16¶1ṣ1Reformatted 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. §III.17§III.17¶1ṣ1Research 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. §III.18§III.18¶1ṣ1SCSL Webpage means the Sun Community Source license webpage located at http://sun.com/software/communitysource, or such other url that Original Contributor may designate from time to time.

19. §III.19§III.19¶1ṣ1Shared 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. §III.20§III.20¶1ṣ1Source Code means computer program statements written in any high-level, readable form suitable for modification and development.

21. §III.21§III.21¶1ṣ1Specifications 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. §III.22§III.22¶1ṣ1Sun Trademarks means Original Contributor's SUN, JAVA, and JINI trademarks and logos, whether now used or adopted in the future.

23. §III.23§III.23¶1ṣ1Technology means the technology described in Attachment B, and Upgrades.

24. §III.24§III.24¶1ṣ1Technology 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. §III.24¶1ṣ2Original 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. §III.25§III.25¶1ṣ1Technology Download Site means the site(s) designated by Original Contributor for access to the Original Code, Upgraded Code, TCK and Specifications.

26. §III.26§III.26¶1ṣ1Upgrade(s) means new versions of Technology designated exclusively by Original Contributor as an Upgrade and released by Original Contributor from time to time.

27. §III.27§III.27¶1ṣ1Upgraded Code means the Source Code for Upgrades, possibly including Modifications made by Contributors.

28. §III.28§III.28¶1ṣ1You(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. §III.28¶1ṣ2For legal entities, You(r) includes any entity that by majority voting interest controls, is controlled by, or is under common control with You.

§IVATTACHMENT A   REQUIRED NOTICES

§IV.1ATTACHMENT A-1   REQUIRED IN ALL CASES

§IV.2ATTACHMENT A-2   SAMPLE LICENSEE CERTIFICATION

§IV.3ATTACHMENT A-3   REQUIRED STUDENT NOTIFICATION

§VATTACHMENT B

§V¶1§V¶1ṣ1Java (tm) Original repeats Java (tm) here Platform, Standard Edition, Java 2 SDK 1.5.0 Source Technology

§V¶2§V¶2ṣ1Description of "Technology"

§V¶3§V¶3ṣ1Java (tm) Platform, Standard Edition, Java 2 SDK 1.5.0 Source Technology as described on the Technology Download Site.

§VIATTACHMENT C   INTERNAL DEPLOYMENT USE

§VI¶1§VI¶1ṣ1This 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. §VI¶1ṣ2In the event of a conflict between the terms of this Attachment C and Attachment D, the terms of Attachment D shall govern.

1. §VI.1Internal Deployment License Grant. §VI.1¶1§VI.1¶1ṣ1Subject to Your compliance with Section 2 below, and Section 8.10 of the Research Use license; ṣ1.1in 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:

1. a) ṣ1.areproduce and distribute internally, Original Code and Upgraded Code as part of Compliant Covered Code, and Specifications, for Internal Deployment Use,
2. b) ṣ1.bcompile 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
3. c) ṣ1.creproduce and distribute internally, Reformatted Specifications for use in connection with Internal Deployment Use.

2. §VI.2Additional Requirements and Responsibilities. §VI.2¶1§VI.2¶1ṣ1In 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. §VI.2.1Compatibility. §VI.2.1¶1§VI.2.1¶1ṣ1All 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. §VI.2.1¶1ṣ2Successful compatibility testing must be completed in accordance with the TCK License. §VI.2.1¶1ṣ3If 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.

§VIIATTACHMENT D   COMMERCIAL USE LICENSE

§VII¶1§VII¶1ṣ1[Contact Sun Microsystems For Commercial Use Terms and Conditions]

§VIIIATTACHMENT E   TECHNOLOGY COMPATIBILITY KIT

§VIII¶1§VIII¶1ṣ1The following license is effective for the Java (tm) Platform, Standard Edition, Java 2 SDK 1.5.0 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. §VIII¶1ṣ2The applicable 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. §VIII.1TCK License.

a) §VIII.1.a§VIII.1.a¶1ṣ1Subject 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) §VIII.1.bTCK Use Restrictions. §VIII.1.b¶1§VIII.1.b¶1ṣ1You 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. §VIII.1.b¶1ṣ2You may not publish your test results or make claims of comparative compatibility with respect to other implementations of the Specification. §VIII.1.b¶1ṣ3In 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. §VIII.2Requirements for Determining Compliance.

2.1. §VIII.2.1Definitions.

a) §VIII.2.1.a§VIII.2.1.a¶1ṣ1Added Value means code which:

1. (i) ṣ1.ihas a principal purpose which is substantially different from that of the stand-alone Technology;
2. (ii) ṣ1.iirepresents a significant functional and value enhancement to the Technology;
3. (iii) ṣ1.iiioperates in conjunction with the Technology; and
4. (iv) ṣ1.ivis not marketed as a technology which replaces or substitutes for the Technology.

b) §VIII.2.1.b§VIII.2.1.b¶1ṣ1Java Classes means the specific class libraries associated with each Technology defined in Attachment B.

c) §VIII.2.1.c§VIII.2.1.c¶1ṣ1Java Runtime Interpreter means the program(s) which implement the Java virtual machine for the Technology as defined in the Specification.

d) §VIII.2.1.d§VIII.2.1.d¶1ṣ1Platform Dependent Part means those Original Code and Upgraded Code files of the Technology which are not in a share directory or subdirectory thereof.

e) §VIII.2.1.e§VIII.2.1.e¶1ṣ1Shared 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) §VIII.2.1.f§VIII.2.1.f¶1ṣ1User's Guide means the users guide for the TCK which Original Contributor makes available to You to provide direction in how to run the TCK and properly interpret the results, as may be revised by Original Contributor from time to time.

2.2. §VIII.2.2Development Restrictions. §VIII.2.2¶1§VIII.2.2¶1ṣ1Compliant Covered Code:

There is no good way to annotate this list, since most of its elements are phrases but the last one contains several entire paragraphs.

a) §VIII.2.2.a§VIII.2.2.a¶1ṣ1must include Added Value;

b) §VIII.2.2.b§VIII.2.2.b¶1ṣ1must fully comply with the Specifications for the Technology specified in Attachment B;

c) §VIII.2.2.c§VIII.2.2.c¶1ṣ1must include the Shared Part, complete and unmodified;

d) §VIII.2.2.d§VIII.2.2.d¶1ṣ1may not modify the functional behavior of the Java Runtime Interpreter or the Java Classes;

e) §VIII.2.2.e§VIII.2.2.e¶1ṣ1may not modify, subset or superset the interfaces of the Java Runtime Interpreter or the Java Classes;

f) §VIII.2.2.f§VIII.2.2.f¶1ṣ1may not subset or superset the Java Classes;

g) §VIII.2.2.g§VIII.2.2.g¶1ṣ1may 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 conventionOriginal has semicolon rather than period.

h) §VIII.2.2.hProfiles. §VIII.2.2.h¶1§VIII.2.2.h¶1ṣ1The following provisions apply if You are licensing a Java Platform, Micro Edition Connected Device Configuration, Java Platform, Micro Edition Connected Limited Device Configuration and/or a Profile:

1. (i) §VIII.2.2.h¶1.i§VIII.2.2.h¶1.iṣ1Profiles may not include an implementation of any part of a Profile or use any of the APIs within a Profile, unless You implement the Profile in its entirety in conformance with the applicable compatibility requirements and test suites as developed and licensed by Original Contributor or other authorized party. §VIII.2.2.h¶1.iṣ2Profile means:
   1. (A) ṣ2.Afor Java Platform, Micro Edition Connected Device Configuration, Foundation Profile, Personal Profile or such other profile as may be developed under or in connection with the Java Community Process or as otherwise authorized by Original Contributor;
   2. (B) ṣ2.Bfor Java Platform, Micro Edition Connected Limited Device Configuration, Java Platform, Micro Edition, Mobile Information Device Profile or such other profile as may be developed under or in connection with the Java Community Process or as otherwise authorized by Original Contributor.
   §VIII.2.2.h¶1.iṣ3Notwithstanding the foregoing, nothing herein shall be construed as eliminating or modifying Your obligation to include Added Value as set forth in Section 2.2(a), above; ṣ3.1and
2. (ii) §VIII.2.2.h¶1.ii§VIII.2.2.h¶1.iiṣ1Profile(s) must be tightly integrated with, and must be configured to run in conjunction with, an implementation of a Configuration from Original Contributor (or an authorized third party) which meets Original Contributor's compatibility requirements. §VIII.2.2.h¶1.iiṣ2Configuration means, as defined in Original Contributor's compatibility requirements, either
   1. (A) ṣ2.AJava Platform, Micro Edition Connected Device Configuration; or
   2. (B) ṣ2.BJava Platform, Micro Edition Connected Limited Device Configuration.
3. (iii) §VIII.2.2.h¶1.iii§VIII.2.2.h¶1.iiiṣ1A Profile as integrated with a Configuration must pass the applicable TCK for the Technology.

2.3. §VIII.2.3Compatibility Testing. §VIII.2.3¶1§VIII.2.3¶1ṣ1Successful 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. §VIII.2.3¶1ṣ2A Technology must pass the applicable TCK for the Technology. §VIII.2.3¶1ṣ3You must use 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:

1. (i) ṣ3.iYour Internal Deployment Use; and
2. (ii) ṣ3.iieach release of Compliant Covered Code by You for Commercial Use.

§VIII.2.3¶1ṣ4In 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. §VIII.2.4Test Results. §VIII.2.4¶1§VIII.2.4¶1ṣ1You 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.

• thomas · alspaugh @ acm · org
• 
• 2012Jul26Th16:38
• Attribution

Show terms/headings

---

• Added Value
• Commercial Use
• Community Code
• Community Webserver(s)
• Compliant Covered Code
• Configuration    Contributor
• Covered Code
• Error Correction
• Executable    Extension(s)
• Intellectual Property Rights
• Internal Deployment Use
• Java Classes
• Java Runtime Interpreter
• License    Licensee
• Materials
• Modification(s)
• Original Code
• Original Contributor
• Platform Dependent Part
• Profile
• Reformatted Specifications
• Research Use    Rules
• SCSL Webpage
• Shared Modifications
• Shared Part    Source Code
• Specifications
• Sun Trademarks
• TCK    Technology
• Technology Compatibility Kit
• Technology Download Site
• Upgrade(s)    Upgraded Code
• User's Guide    You(r)

• RECITALS   AGREEMENT
• 1. Introduction
• 2. License Grants
• 3. Requirements and Responsibilities
• 4. Versions of the License
• 5. Disclaimer of Warranty
• 6. Termination
• 7. Liability
• 8. Miscellaneous
• GLOSSARY
• ATTACHMENT A   REQUIRED NOTICES
• ATTACHMENT A-1   REQUIRED IN
     ALL CASES
• ATTACHMENT A-2   SAMPLE
     LICENSEE CERTIFICATION
• ATTACHMENT A-3   REQUIRED
     STUDENT NOTIFICATION
• ATTACHMENT B
• ATTACHMENT C   INTERNAL
     DEPLOYMENT USE
• 1. Internal Deployment License Grant
• 2. Additional Requirements and
     Responsibilities
• ATTACHMENT D   COMMERCIAL USE
     LICENSE
• ATTACHMENT E   TECHNOLOGY
     COMPATIBILITY KIT
• 1. TCK License
• 2. Requirements for Determining
     Compliance