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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
commit2f6caac6019e3182486965f7f09baed7e93e1be9 (patch)
tree2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/sun-jdl
parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-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: _____________________________________