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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU
+ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
+AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY
+DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THE
+AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON
+AT THE BOTTOM OF THIS PAGE.
+
+
+Specification: JSR 67 Java APIs for XML Messaging 1.0 ("Specification")
+
+
+Version: 1.3
+
+
+Status: Final Release
+
+
+Release: 7 April 2006
+
+
+Copyright 2006 SUN MICROSYSTEMS, INC.
+
+4150 Network Circle, Santa Clara, California 95054, U.S.A
+
+All rights reserved.
+
+
+LIMITED LICENSE GRANTS
+
+
+1. License for Evaluation Purposes. Sun hereby grants you a fully-paid,
+non-exclusive, non-transferable, worldwide, limited license (without the right
+to sublicense), under Sun's applicable intellectual property rights to view,
+download, use and reproduce the Specification only for the purpose of internal
+evaluation. This includes (i) developing applications intended to run on an
+implementation of the Specification, provided that such applications do not
+themselves implement any portion(s) of the Specification, and (ii) discussing
+the Specification with any third party; and (iii) excerpting brief portions of
+the Specification in oral or written communications which discuss the
+Specification provided that such excerpts do not in the aggregate constitute a
+significant portion of the Specification.
+
+
+2. License for the Distribution of Compliant Implementations. Sun also grants
+you a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up,
+royalty free, limited license (without the right to sublicense) under any
+applicable copyrights or, subject to the provisions of subsection 4 below,
+patent rights it may have covering the Specification to create and/or distribute
+an Independent Implementation of the Specification that: (a) fully implements
+the Specification including all its required interfaces and functionality; (b)
+does not modify, subset, superset or otherwise extend the Licensor Name Space,
+or include any public or protected packages, classes, Java interfaces, fields or
+methods within the Licensor Name Space other than those required/authorized by
+the Specification or Specifications being implemented; and (c) passes the
+Technology Compatibility Kit (including satisfying the requirements of the
+applicable TCK Users Guide) for such Specification ("Compliant Implementation").
+In addition, the foregoing license is expressly conditioned on your not acting
+outside its scope. No license is granted hereunder for any other purpose
+(including, for example, modifying the Specification, other than to the extent
+of your fair use rights, or distributing the Specification to third parties).
+Also, no right, title, or interest in or to any trademarks, service marks, or
+trade names of Sun or Sun's licensors, Sun or the Sun's licensors is granted
+hereunder. Java, and Java-related logos, marks and names are trademarks or
+registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
+
+
+3. Pass-through Conditions. You need not include limitations (a)-(c) from the
+previous paragraph or any other particular "pass through" requirements in any
+license You grant concerning the use of your Independent Implementation or
+products derived from it. However, except with respect to Independent
+Implementations (and products derived from them) that satisfy limitations
+(a)-(c) from the previous paragraph, You may neither: (a) grant or otherwise
+pass through to your licensees any licenses under Sun's applicable intellectual
+property rights; nor (b) authorize your licensees to make any claims concerning
+their implementation's compliance with the Spec in question.
+
+
+4. Reciprocity Concerning Patent Licenses.
+
+
+a. With respect to any patent claims covered by the license granted under
+subparagraph 2 above that would be infringed by all technically feasible
+implementations of the Specification, such license is conditioned upon your
+offering on fair, reasonable and non-discriminatory terms, to any party seeking
+it from You, a perpetual, non-exclusive, non-transferable, worldwide license
+under Your patent rights which are or would be infringed by all technically
+feasible implementations of the Specification to develop, distribute and use a
+Compliant Implementation.
+
+
+b With respect to any patent claims owned by Sun and covered by the license
+granted under subparagraph 2, whether or not their infringement can be avoided
+in a technically feasible manner when implementing the Specification, such
+license shall terminate with respect to such claims if You initiate a claim
+against Sun that it has, in the course of performing its responsibilities as the
+Specification Lead, induced any other entity to infringe Your patent rights.
+
+
+c Also with respect to any patent claims owned by Sun and covered by the license
+granted under subparagraph, where the infringement of such claims can be avoided
+in a technically feasible manner when implementing the Specification such
+license, with respect to such claims, shall terminate if You initiate a claim
+against Sun that its making, having made, using, offering to sell, selling or
+importing a Compliant Implementation infringes Your patent rights.
+
+
+5. Definitions. For the purposes of this Agreement: "Independent Implementation"
+shall mean an implementation of the Specification that neither derives from any
+of Sun's source code or binary code materials nor, except with an appropriate
+and separate license from Sun, includes any of Sun's source code or binary code
+materials; "Licensor Name Space" shall mean the public class or interface
+declarations whose names begin with "java", "javax", "com.sun" or their
+equivalents in any subsequent naming convention adopted by Sun through the Java
+Community Process, or any recognized successors or replacements thereof; and
+"Technology Compatibility Kit" or "TCK" shall mean the test suite and
+accompanying TCK User's Guide provided by Sun which corresponds to the
+Specification and that was available either (i) from Sun 120 days before the
+first release of Your Independent Implementation that allows its use for
+commercial purposes, or (ii) more recently than 120 days from such release but
+against which You elect to test Your implementation of the Specification.
+
+
+This Agreement will terminate immediately without notice from Sun if you breach
+the Agreement or act outside the scope of the licenses granted above.
+
+
+DISCLAIMER OF WARRANTIES
+
+
+THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
+WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES
+OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
+(INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE
+SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY
+PURPOSE. This document does not represent any commitment to release or implement
+any portion of the Specification in any product. In addition, the Specification
+could include technical inaccuracies or typographical errors.
+
+
+LIMITATION OF LIABILITY
+
+
+TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
+LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR
+DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
+HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
+RELATED IN ANY WAY TO YOUR HAVING, IMPLEMENTING OR OTHERWISE USING THE
+SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGES.
+
+You will indemnify, hold harmless, and defend Sun and its licensors from any
+claims arising or resulting from: (i) your use of the Specification; (ii) the
+use or distribution of your Java application, applet and/or implementation;
+and/or (iii) any claims that later versions or releases of any Specification
+furnished to you are incompatible with the Specification provided to you under
+this license.
+
+
+RESTRICTED RIGHTS LEGEND
+
+
+U.S. Government: If this Specification is being acquired by or on behalf of the
+U.S. Government or by a U.S. Government prime contractor or subcontractor (at
+any tier), then the Government's rights in the Software and accompanying
+documentation shall be only as set forth in this license; this is in accordance
+with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
+acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
+
+
+REPORT
+
+
+If you provide Sun with any comments or suggestions concerning the Specification
+("Feedback"), you hereby: (i) agree that such Feedback is provided on a
+non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual,
+non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to
+sublicense through multiple levels of sublicensees, to incorporate, disclose,
+and use without limitation the Feedback for any purpose.
+
+
+GENERAL TERMS
+
+
+Any action related to this Agreement will be governed by California law and
+controlling U.S. federal law. The U.N. Convention for the International Sale of
+Goods and the choice of law rules of any jurisdiction will not apply.
+
+
+The Specification is subject to U.S. export control laws and may be subject to
+export or import regulations in other countries. Licensee agrees to comply
+strictly with all such laws and regulations and acknowledges that it has the
+responsibility to obtain such licenses to export, re-export or import as may be
+required after delivery to Licensee.
+
+
+This Agreement is the parties' entire agreement relating to its subject matter.
+It supersedes all prior or contemporaneous oral or written communications,
+proposals, conditions, representations and warranties and prevails over any
+conflicting or additional terms of any quote, order, acknowledgment, or other
+communication between the parties relating to its subject matter during the term
+of this Agreement. No modification to this Agreement will be binding, unless in
+writing and signed by an authorized representative of each party.
+
+
+
+
+Rev. January, 2006
+
+Sun/Final/Full